UNCLASSIFIED

Office of the Director
of National Intelligence

Office of General Counsel

Intelligence Community
Legal Reference Book

Office of the Director of National Intelligence
Washington, DC 20511

UNCLASSIFIED

UNCLASSIFIED

Intelligence Community

Legal Reference Book
Office of the Director
of National Intelligence
Office of General Counsel

F a l l

UNCLASSIFIED

UNCLASSIFIED

2 0 0 7

UNCLASSIFIED

INTELLIGENCE COMMUNITY
LEGAL REFERENCE BOOK

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
OFFICE OF GENERAL COUNSEL
FALL 2007

ii

INTRODUCTION
On behalf of the Director of National Intelligence, I am pleased to make
available the Fall 2007 Intelligence Community Legal Reference Book.
The Intelligence Community draws much of its authority and guidance from
the body of law in this collection. As the Director of National Intelligence seeks
to better integrate the Intelligence Community, we hope this proves to be a useful
resource to intelligence professionals across the Community.
This document is the result of many hours of hard work. I would like to
extend my thanks to those across the Community who assisted the Office of
General Counsel in recommending and preparing the authorities contained
herein. I hope you find this book a valuable addition to your library and a useful
tool as you carry out your vital mission.
BENJAMIN A. POWELL
GENERAL COUNSEL
FALL 2007

iii

iv

ABOUT THIS BOOK
The documents presented in this book have been updated to incorporate all
amendments made through August 2007, at which point the documents were,
where possible, verified against the United States Code maintained by Westlaw.
The text of these documents should be cited as “as amended.”
All documents in this book are UNCLASSIFIED.
This compilation was a significant effort and required many judgments
concerning what text to include and how to organize the book. We welcome
your thoughts for improving future versions. To request additional copies or an
electronic version of this book, please contact the ODNI Office of General
Counsel.
The following materials were reprinted with the permission of Westlaw:
˜
˜
˜
˜

Department of Defense Title 10 Authorities
Classified Information Procedures Act
Privacy Act
Federal Information Security Management Act

v

vi

TABLE OF CONTENTS
NATIONAL SECURITY ACT OF 1947 .................................................................................... 1
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004* .......................... 115
CENTRAL INTELLIGENCE AGENCY ACT OF 1949 ............................................................ 167
DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES ........................................................ 205
HOMELAND SECURITY ACT OF 2002* ............................................................................ 215
COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994 ........................ 273
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002 .................................................. 277
CLASSIFIED INFORMATION PROCEDURES ACT ................................................................ 283
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978................................................... 293
PROTECT AMERICA ACT OF 2007 ................................................................................... 347
USA PATRIOT ACT OF 2001* ...................................................................................... 355
USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005* ....................... 391
DETAINEE TREATMENT ACT OF 2005 ............................................................................. 425
MILITARY COMMISSIONS ACT OF 2006 .......................................................................... 433
FREEDOM OF INFORMATION ACT .................................................................................... 481
PRIVACY ACT ................................................................................................................. 495
FEDERAL INFORMATION SECURITY MANAGEMENT ACT ................................................ 515
EXECUTIVE ORDER 12333 .............................................................................................. 533
EXECUTIVE ORDER 12863 .............................................................................................. 553
EXECUTIVE ORDER 12958 .............................................................................................. 557
EXECUTIVE ORDER 12968 .............................................................................................. 585
EXECUTIVE ORDER 13354 .............................................................................................. 599
EXECUTIVE ORDER 13355 .............................................................................................. 605
EXECUTIVE ORDER 13381 .............................................................................................. 613
EXECUTIVE ORDER 13388 .............................................................................................. 617
INTELLIGENCE SHARING PROCEDURES FOR FOREIGN INTELLIGENCE AND FOREIGN
COUNTERINTELLIGENCE INVESTIGATIONS CONDUCTED BY THE FBI.............................. 621
GUIDELINES FOR DISCLOSURE OF GRAND JURY AND ELECTRONIC, WIRE, AND ORAL
INTERCEPTION INFORMATION IDENTIFYING UNITED STATES PERSONS .......................... 627
GUIDELINES REGARDING DISCLOSURE TO THE DIRECTOR OF CENTRAL INTELLIGENCE AND
HOMELAND SECURITY OFFICIALS OF FOREIGN INTELLIGENCE ACQUIRED IN THE COURSE
OF A CRIMINAL INVESTIGATION ..................................................................................... 631
GUIDELINES REGARDING PROMPT HANDLING OF REPORTS OF POSSIBLE CRIMINAL
ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES .............................................. 641
STRENGTHENING INFORMATION SHARING, ACCESS, AND INTEGRATION B
ORGANIZATIONAL, MANAGEMENT, AND POLICY DEVELOPMENT STRUCTURES FOR
CREATING THE TERRORISM INFORMATION SHARING ENVIRONMENT ............................. 645
GUIDELINES AND REQUIREMENTS IN SUPPORT OF THE INFORMATION SHARING
ENVIRONMENT ............................................................................................................... 649
GUIDELINES TO ENSURE THAT THE INFORMATION PRIVACY AND OTHER LEGAL RIGHTS OF
AMERICANS ARE PROTECTED IN THE DEVELOPMENT AND USE OF THE INFORMATION
SHARING ENVIRONMENT ................................................................................................ 659
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES ........................... 667
* Selected Provisions of these documents are presented in this book.

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NATIONAL SECURITY ACT OF 1947
NATIONAL SECURITY ACT OF 1947
(Public Law 235 of July 26, 1947; 61 STAT. 496)

AN ACT To promote the national security by providing for a Secretary of
Defense; for a National Military Establishment; for a Department of the Army, a
Department of the Navy, and a Department of the Air Force; and for the
coordination of the activities of the National Military Establishment with other
departments and agencies of the Government concerned with the national
security.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE
That this Act may be cited as the “National Security Act of 1947”.
TABLE OF CONTENTS
SEC. 2.
SEC. 3.
SEC. 101.
SEC. 101A.
SEC. 102.
SEC. 102A.
SEC. 103.
SEC. 103A.
SEC. 103B.
SEC. 103C.
SEC. 103D.
SEC. 103E.
SEC. 103F.
SEC. 103G.
SEC. 104.
SEC. 104A.
SEC. 105.
SEC. 105A.
SEC. 105B.
SEC. 106.

Declaration of policy.
Definitions.
TITLE I—COORDINATION FOR NATIONAL SECURITY
National Security Council.
Joint Intelligence Community Council.
Director of National Intelligence.
Responsibilities and authorities of the Director of National Intelligence.
Office of the Director of National Intelligence.
Deputy Directors of National Intelligence.
National Intelligence Council.
General Counsel.
Civil Liberties Protection Officer.
Director of Science and Technology.
National Counterintelligence Executive.
Chief Information Officer.
Central Intelligence Agency.
Director of the Central Intelligence Agency.
Responsibilities of the Secretary of Defense pertaining to the National
Intelligence Program.
Assistance to United States law enforcement agencies.
Disclosure of foreign intelligence acquired in criminal investigations;
notice of criminal investigations of foreign intelligence sources.
Appointment of officials responsible for intelligence-related activities.

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NATIONAL SECURITY ACT OF 1947
SEC. 107.
SEC. 108.
SEC. 109.
SEC. 110.
SEC. 112.
SEC. 113.

Sec. 117.
SEC. 118.
SEC. 119.
SEC. 119A.
SEC. 119B.

National Security Resources Board.
Annual National Security Strategy Report.
Annual report on intelligence.
National mission of National Geospatial-Intelligence Agency.
Restrictions on intelligence sharing with the United Nations.
Detail of intelligence community personnel—intelligence community
assignment program.
Additional annual reports from the Director of National Intelligence.
Annual report on improvement of financial statements for auditing
purposes.
Limitation on establishment or operation of diplomatic intelligence
support centers.
Travel on any common carrier for certain intelligence collection
personnel.
POW/MIA analytic capability.
Semiannual report on financial intelligence on terrorist assets.
National Counterterrorism Center.
National Counterproliferation Center.
National intelligence centers.

SEC. 201.
SEC. 205.
SEC. 206.
SEC. 207.

TITLE II—THE DEPARTMENT OF DEFENSE
Department of Defense.
Department of the Army.
Department of the Navy.
Department of the Air Force.

SEC. 114.
SEC. 114A.
SEC. 115.
SEC. 116.

SEC. 301.
SEC. 302.
SEC. 303.
SEC. 307.
SEC. 308.
SEC. 309.
SEC. 310.
SEC. 311.
SEC. 411.
SEC. 501.
SEC. 502.
SEC. 503.
SEC. 504.
SEC. 505.

TITLE III—MISCELLANEOUS
National Security Agency voluntary separation.
Authority of Federal Bureau of Investigation to award personal services
contracts.
Advisory committees and personnel.
Authorization for appropriations.
Definitions.
Separabillity.
Effective date.
Succession to the Presidency.
Repealing and saving provisions.
TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
General congressional oversight provisions.
Reporting of intelligence activities other than covert actions.
Presidential approval and reporting of covert actions.
Funding of intelligence activities.
Notice to Congress of certain transfers of defense articles and defense
services.

2

NATIONAL SECURITY ACT OF 1947
SEC. 506.
SEC. 506A.
SEC. 507.

Specificity of National Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and
counterintelligence.
Budget treatment of costs of acquisition of major systems by the
intelligence community.
Dates for submittal of various annual and semiannual reports to the
congressional intelligence committees.

TITLE VI—PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Protection of identities of certain United States undercover intelligence
SEC. 601.
officers, agents, informants, and sources.
Defenses and exceptions.
SEC. 602.
Extraterritorial jurisdiction.
SEC. 604.
Providing information to Congress.
SEC. 605.
Definitions.
SEC. 606.
SEC. 701.
SEC. 702.
SEC. 703.
SEC. 704.
SEC. 705.

TITLE VII—PROTECTION OF OPERATIONAL FILES
Operational files of the Central Intelligence Agency.
Operational files of the National Geospatial-Intelligence Agency.
Operational files of the National Reconnaissance Office.
Operational files of the National Security Agency.
Operational files of the Defense Intelligence Agency.

SEC. 801.
SEC. 802.
SEC. 803.
SEC. 804.

TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
Procedures.
Requests by authorized investigative agencies.
Exceptions.
Definitions.

TITLE IX—APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES
Stay of sanctions.
SEC. 901.
Extension of stay.
SEC. 902.
Reports.
SEC. 903.
Laws subject to stay.
SEC. 904.
TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
SEC. 1001.
SEC. 1002.
SEC. 1003.
SEC. 1011.

SUBTITLE A—SCIENCE AND TECHNOLOGY
Scholarships and work-study for pursuit of graduate degrees in science
and technology.
Framework for cross-disciplinary education and training.
Intelligence Community Scholarship Program.
SUBTITLE B—FOREIGN LANGUAGES PROGRAM
Program on advancement of foreign languages critical to the
intelligence community.

3

NATIONAL SECURITY ACT OF 1947
SEC. 1012.
SEC. 1013.
SEC. 1014.
SEC. 1015.

Education partnerships.
Voluntary services.
Regulations.
Definitions.

SEC. 1021.

SUBTITLE C—ADDITIONAL EDUCATION PROVISIONS
Assignment of intelligence community personnel as language students.

SEC. 1101.
SEC. 1102.

TITLE XI—OTHER PROVISIONS
Applicability to United States intelligence activities of Federal laws
implementing international treaties and agreements.
Counterintelligence initiatives.

DECLARATION OF POLICY
SEC. 2. [50 U.S.C. §401]
In enacting this legislation, it is the intent of Congress to provide a
comprehensive program for the future security of the United States; to provide
for the establishment of integrated policies and procedures for the departments,
agencies, and functions of the Government relating to the national security; to
provide a Department of Defense, including the three military Departments of the
Army, the Navy (including naval aviation and the United States Marine Corps),
and the Air Force under the direction, authority, and control of the Secretary of
Defense; to provide that each military department shall be separately organized
under its own Secretary and shall function under the direction, authority, and
control of the Secretary of Defense; to provide for their unified direction under
civilian control of the Secretary of Defense but not to merge these departments or
services; to provide for the establishment of unified or specified combatant
commands, and a clear and direct line of command to such commands; to
eliminate unnecessary duplication in the Department of Defense, and particularly
in the field of research and engineering by vesting its overall direction and
control in the Secretary of Defense; to provide more effective, efficient, and
economical administration in the Department of Defense; to provide for the
unified strategic direction of the combatant forces, for their operation under
unified command, and for their integration into an efficient team of land, naval,
and air forces but not to establish a single Chief of Staff over the armed forces
nor an overall armed forces general staff.

4

NATIONAL SECURITY ACT OF 1947
DEFINITIONS
SEC. 3. [50 U.S.C. §401a]
As used in this Act:
(1) The term “intelligence” includes foreign intelligence and counterintelligence.
(2) The term “foreign intelligence” means information relating to the capabilities,
intentions, or activities of foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist activities.
(3) The term “counterintelligence” means information gathered and activities
conducted to protect against espionage, other intelligence activities, sabotage, or
assassinations conducted by or on behalf of foreign governments or elements
thereof, foreign organizations, or foreign persons, or international terrorist
activities.
(4) The term “intelligence community” includes the following:
(A) The Office of the Director of National Intelligence.
(B) The Central Intelligence Agency.
(C) The National Security Agency.
(D) The Defense Intelligence Agency.
(E) The National Geospatial-Intelligence Agency.
(F) The National Reconnaissance Office.
(G) Other offices within the Department of Defense for the collection of
specialized 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 Department of Homeland Security concerned
with the analysis of intelligence information, including the Office of
Intelligence of the Coast Guard.
(L) Such other elements of any other department or agency as may be
designated by the President, or designated jointly by the Director of
National Intelligence and the head of the department or agency
concerned, as an element of the intelligence community.
(5) The terms “national intelligence” and “intelligence related to national
security” refer to all intelligence, regardless of the source from which derived
and including information gathered within or outside the United States, that—
(A) pertains, as determined consistent with any guidance issued by the
President, to more than one United States Government agency; and
(B) that involves—
(i) threats to the United States, its people, property, or interests;
5

NATIONAL SECURITY ACT OF 1947
(ii) the development, proliferation, or use of weapons of mass
destruction; or
(iii) any other matter bearing on United States national or
homeland security.
(6) The term “National Intelligence Program” refers to all programs, projects,
and activities of the intelligence community, as well as any other programs of the
intelligence community designated jointly by the Director of National
Intelligence and the head of a United States department or agency or by the
President. Such term does not include programs, projects, or activities of the
military departments to acquire intelligence solely for the planning and conduct
of tactical military operations by United States Armed Forces.
(7) The term “congressional intelligence committees”
means—
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the House of
Representatives.
TITLE I—COORDINATION FOR NATIONAL SECURITY
NATIONAL SECURITY COUNCIL
SEC. 101. [50 U.S.C. §402]
(a) There is here established a council to be known as the National Security
Council (thereinafter in this section referred to as the “Council”). The President
of the United States shall preside over meetings of the Council: Provided, That in
his absence he may designate a member of the Council to preside in his place.
The function of the Council shall be to advise the President with respect to the
integration of domestic, foreign, and military policies relating to the national
security so as to enable the military services and the other departments and
agencies of the Government to cooperate more effectively in matters involving
the national security.
The Council shall be composed of—
(1) the President;
(2) the Vice President;
(3) the Secretary of State;
(4) the Secretary of Defense;
(5) the Director for Mutual Security;
(6) the Chairman of the National Security Resources Board; and
(7) the Secretaries and Under Secretaries of other executive departments
and of the military departments, the Chairman of the Munitions Board,
and the Chairman of the Research and Development Board, when
6

NATIONAL SECURITY ACT OF 1947
appointed by the President by and with the advice and consent of the
Senate, to serve at his pleasure.
(b) In addition to performing such other functions as the President may direct,
for the purpose of more effectively coordinating the policies and functions of the
departments and agencies of the Government relating to the national security, it
shall, subject to the direction of the President, be the duty of the Council—
(1) to assess and appraise the objectives, commitments, and risks of the
United States in relation to our actual and potential military power, in the
interest of national security, for the purpose of making recommendations
to the President in connection therewith; and
(2) to consider policies on matters of common interest to the departments
and agencies of the Government concerned with the national security,
and to make recommendations to the President in connection therewith.
(c) The Council shall have a staff to be headed by a civilian executive secretary
who shall be appointed by the President. The executive secretary, subject to the
direction of the Council, is authorized, subject to the civil-service laws and the
Classification Act of 1923, as amended, to appoint and fix the compensation of
such personnel as may be necessary to perform such duties as may be prescribed
by the Council in connection with the performance of its functions.
(d) The Council shall, from time to time, make such recommendations, and such
other reports to the President as it deems appropriate or as the President may
require.
(e) The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of
Staff may, in his role as principal military adviser to the National Security
Council and subject to the direction of the President, attend and participate in
meetings of the National Security Council.
(f) The Director of National Drug Control Policy may, in the role of the Director
as principal adviser to the National Security Council on national drug control
policy, and subject to the direction of the President, attend and participate in
meetings of the National Security Council.
(g) The President shall establish within the National Security Council a board to
be known as the “Board for Low Intensity Conflict”. The principal function of
the board shall be to coordinate the policies of the United States for low intensity
conflict.
(h)(1) There is established within the National Security Council a committee to
be known as the Committee on Foreign Intelligence (in this subsection referred to
as the “Committee”).
(2) The Committee shall be composed of the following:
(A) The Director of National Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
7

NATIONAL SECURITY ACT OF 1947
(D) The Assistant to the President for National Security Affairs,
who shall serve as the chairperson of the Committee.
(E) Such other members as the President may designate.
(3) The function of the Committee shall be to assist the Council in its
activities by—
(A) identifying the intelligence required to address the national
security interests of the United States as specified by the
President;
(B) establishing priorities (including funding priorities) among
the programs, projects, and activities that address such interests
and requirements; and
(C) establishing policies relating to the conduct of intelligence
activities of the United States, including appropriate roles and
missions for the elements of the intelligence community and
appropriate targets of intelligence collection activities.
(4) In carrying out its function, the Committee shall—
(A) conduct an annual review of the national security interests of
the United States;
(B) identify on an annual basis, and at such other times as the
Council may require, the intelligence required to meet such
interests and establish an order of priority for the collection and
analysis of such intelligence; and
(C) conduct an annual review of the elements of the intelligence
community in order to determine the success of such elements in
collecting, analyzing, and disseminating the intelligence
identified under subparagraph (B).
(5) The Committee shall submit each year to the Council and to the
Director of National Intelligence a comprehensive report on its activities
during the preceding year, including its activities under paragraphs (3)
and (4).
(i)(1) There is established within the National Security Council a committee to be
known as the Committee on Transnational Threats (in this subsection referred to
as the “Committee”).
(2) The Committee shall include the following members:
(A) The Director of National Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
(D) The Attorney General.
(E) The Assistant to the President for National Security Affairs,
who shall serve as the chairperson of the Committee.
(F) Such other members as the President may designate.
8

NATIONAL SECURITY ACT OF 1947
(3) The function of the Committee shall be to coordinate and direct the
activities of the United States Government relating to combating
transnational threats.
(4) In carrying out its function, the Committee shall—
(A) identify transnational threats;
(B) develop strategies to enable the United States Government to
respond to transnational threats identified under subparagraph
(A);
(C) monitor implementation of such strategies;
(D) make recommendations as to appropriate responses to
specific transnational threats;
(E) assist in the resolution of operational and policy differences
among Federal departments and agencies in their responses to
transnational threats;
(F) develop policies and procedures to ensure the effective
sharing of information about transnational threats among Federal
departments and agencies, including law enforcement agencies
and the elements of the intelligence community; and
(G) develop guidelines to enhance and improve the coordination
of activities of Federal law enforcement agencies and elements
of the intelligence community outside the United States with
respect to transnational threats.
(5) For purposes of this subsection, the term “transnational threat” means
the following:
(A) Any transnational activity (including international terrorism,
narcotics trafficking, the proliferation of weapons of mass
destruction and the delivery systems for such weapons, and
organized crime) that threatens the national security of the
United States.
(B) Any individual or group that engages in an activity referred
to in subparagraph (A).
(j) The Director of National Intelligence (or, in the Director’s absence, the
Principal Deputy Director of National Intelligence) may, in the performance of
the Director’s duties under this Act and subject to the direction of the President,
attend and participate in meetings of the National Security Council.
(k) It is the sense of the Congress that there should be within the staff of the
National Security Council a Special Adviser to the President on International
Religious Freedom, whose position should be comparable to that of a director
within the Executive Office of the President. The Special Adviser should serve as
a resource for executive branch officials, compiling and maintaining information
on the facts and circumstances of violations of religious freedom (as defined in
section 3 of the International Religious Freedom Act of 1998), and making policy
9

NATIONAL SECURITY ACT OF 1947
recommendations. The Special Adviser should serve as liaison with the
Ambassador at Large for International Religious Freedom, the United States
Commission on International Religious Freedom, Congress and, as advisable,
religious nongovernmental organizations.
(l) PARTICIPATION OF COORDINATOR FOR THE PREVENTION OF WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.—The United States
Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and
Terrorism (or, in the Coordinator’s absence, the Deputy United States
Coordinator) may, in the performance of the Coordinator’s duty as principal
advisor to the President on all matters relating to the prevention of weapons of
mass destruction proliferation and terrorism, and, subject to the direction of the
President, attend and participate in meetings of the National Security Council and
the Homeland Security Council.
JOINT INTELLIGENCE COMMUNITY COUNCIL
SEC. 101A. [50 U.S.C. §402-1]
(a) JOINT INTELLIGENCE COMMUNITY COUNCIL.—There is a Joint Intelligence
Community Council.
(b) MEMBERSHIP.—The Joint Intelligence Community Council shall consist of
the following:
(1) The Director of National Intelligence, who shall chair the Council.
(2) The Secretary of State.
(3) The Secretary of the Treasury.
(4) The Secretary of Defense.
(5) The Attorney General.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) Such other officers of the United States Government as the President
may designate from time to time.
(c) FUNCTIONS.—The Joint Intelligence Community Council shall assist the
Director of National Intelligence in developing and implementing a joint, unified
national intelligence effort to protect national security by—
(1) advising the Director on establishing requirements, developing
budgets, financial management, and monitoring and evaluating the
performance of the intelligence community, and on such other matters as
the Director may request; and
(2) ensuring the timely execution of programs, policies, and directives
established or developed by the Director.
(d) MEETINGS.—The Director of National Intelligence shall convene regular
meetings of the Joint Intelligence Community Council.
(e) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.—
10

NATIONAL SECURITY ACT OF 1947
(1) A member of the Joint Intelligence Community Council (other than
the Chairman) may submit to the Chairman advice or an opinion in
disagreement with, or advice or an opinion in addition to, the advice
presented by the Director of National Intelligence to the President or the
National Security Council, in the role of the Chairman as Chairman of
the Joint Intelligence Community Council. If a member submits such
advice or opinion, the Chairman shall present the advice or opinion of
such member at the same time the Chairman presents the advice of the
Chairman to the President or the National Security Council, as the case
may be.
(2) The Chairman shall establish procedures to ensure that the
presentation of the advice of the Chairman to the President or the
National Security Council is not unduly delayed by reason of the
submission of the individual advice or opinion of another member of the
Council.
(f) RECOMMENDATIONS TO CONGRESS.—Any member of the Joint Intelligence
Community Council may make such recommendations to Congress relating to
the intelligence community as such member considers appropriate.
DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 102. [50 U.S.C. §403]
(a) DIRECTOR OF NATIONAL INTELLIGENCE.—
(1) There is a Director of National Intelligence who shall be appointed by
the President, by and with the advice and consent of the Senate. Any
individual nominated for appointment as Director of National
Intelligence shall have extensive national security expertise.
(2) The Director of National Intelligence shall not be located within the
Executive Office of the President.
(b) PRINCIPAL RESPONSIBILITY.—Subject to the authority, direction, and control
of the President, the Director of National Intelligence shall—
(1) serve as head of the intelligence community;
(2) act as the principal adviser to the President, to the National Security
Council, and the Homeland Security Council for intelligence matters
related to the national security; and
(3) consistent with section 1018 of the National Security Intelligence
Reform Act of 2004, oversee and direct the implementation of the
National Intelligence Program.
(c) PROHIBITION ON DUAL SERVICE.—The individual serving in the position of
Director of National Intelligence shall not, while so serving, also serve as the
Director of the Central Intelligence Agency or as the head of any other element
of the intelligence community.
11

NATIONAL SECURITY ACT OF 1947
RESPONSIBILITIES AND AUTHORITIES OF
THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 102A. [50 U.S.C. §403-1]
(a) PROVISION OF INTELLIGENCE.—
(1) The Director of National Intelligence shall be responsible for
ensuring that national intelligence is provided—
(A) to the President;
(B) to the heads of departments and agencies of the executive
branch;
(C) to the Chairman of the Joint Chiefs of Staff and senior
military commanders;
(D) to the Senate and House of Representatives and the
committees thereof; and
(E) to such other persons as the Director of National Intelligence
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.—Unless otherwise directed by the President, the
Director of National Intelligence shall have access to all national intelligence and
intelligence related to the national security which is collected by any Federal
department, agency, or other entity, except as otherwise provided by law or, as
appropriate, under guidelines agreed upon by the Attorney General and the
Director of National Intelligence.
(c) BUDGET AUTHORITIES.—
(1) With respect to budget requests and appropriations for the National
Intelligence Program, the Director of National Intelligence shall—
(A) based on intelligence priorities set by the President, provide
to the heads of departments containing agencies or organizations
within the intelligence community, and to the heads of such
agencies and organizations, guidance for developing the National
Intelligence Program budget pertaining to such agencies and
organizations;
(B) based on budget proposals provided to the Director of
National Intelligence by the heads of agencies and organizations
within the intelligence community and the heads of their
respective departments and, as appropriate, after obtaining the
advice of the Joint Intelligence Community Council, develop and
determine an annual consolidated National Intelligence Program
budget; and
12

NATIONAL SECURITY ACT OF 1947
(C) present such consolidated National Intelligence Program
budget, together with any comments from the heads of
departments containing agencies or organizations within the
intelligence community, to the President for approval.
(2) In addition to the information provided under paragraph (1)(B), the
heads of agencies and organizations within the intelligence community
shall provide the Director of National Intelligence such other information
as the Director shall request for the purpose of determining the annual
consolidated National Intelligence Program budget under that paragraph.
(3)(A) The Director of National Intelligence 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 Activities.
(B) The Director of National Intelligence shall provide guidance
for the development of the annual budget for each element of the
intelligence community that is not within the National
Intelligence Program.
(4) The Director of National Intelligence shall ensure the effective
execution of the annual budget for intelligence and intelligence-related
activities.
(5)(A) The Director of National Intelligence shall be responsible for
managing appropriations for the National Intelligence Program by
directing the allotment or allocation of such appropriations through the
heads of the departments containing agencies or organizations within the
intelligence community and the Director of the Central Intelligence
Agency, with prior notice (including the provision of appropriate
supporting information) to the head of the department containing an
agency or organization receiving any such allocation or allotment or the
Director of the Central Intelligence Agency.
(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence
Program, the Director of the Office of Management and Budget
shall exercise the authority of the Director of the Office of
Management and Budget to apportion funds, at the exclusive
direction of the Director of National Intelligence, for allocation
to the elements of the intelligence community through the
relevant host executive departments and the Central Intelligence
Agency. Department comptrollers or appropriate budget
execution officers shall allot, allocate, reprogram, or transfer
funds appropriated for the National Intelligence Program in an
expeditious manner.
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NATIONAL SECURITY ACT OF 1947
(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence
Program by the heads of the elements of the intelligence
community that manage programs and activities that are part of
the National Intelligence Program, which may include audits and
evaluations.
(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 Director of National Intelligence shall provide a semi-annual
report, beginning April 1, 2005, and ending April 1, 2007, to the
President and the Congress regarding implementation of this section.
(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after learning
of any instance in which a departmental comptroller acts in a
manner inconsistent with the law (including permanent statutes,
authorization Acts, and appropriations Acts), or the direction of
the Director of National Intelligence, in carrying out the National
Intelligence Program.
(d) ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN TRANSFER AND
REPROGRAMMING OF FUNDS.—
(1)(A) No funds made available under the National Intelligence Program
may be transferred or reprogrammed without the prior approval of the
Director of National Intelligence, except in accordance with procedures
prescribed by the Director of National Intelligence.
(B) The Secretary of Defense shall consult with the Director of
National Intelligence before transferring or reprogramming funds
made available under the Joint Military Intelligence Program.
(2) Subject to the succeeding provisions of this subsection, the Director
of National Intelligence may transfer or reprogram funds appropriated
for a program within the National Intelligence Program to another such
program.
(3) The Director of National Intelligence may only transfer or reprogram
funds referred to in subparagraph (A)—
(A) with the approval of the Director of the Office of
Management and Budget; and
(B) after consultation with the heads of departments containing
agencies or organizations within the intelligence community to
the extent such agencies or organizations are affected, and, in the
case of the Central Intelligence Agency, after consultation with
the Director of the Central Intelligence Agency.
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NATIONAL SECURITY ACT OF 1947
(4) The amounts available for transfer or reprogramming in the National
Intelligence Program in any given fiscal year, and the terms and
conditions governing such transfers and reprogrammings, are subject to
the provisions of annual appropriations Acts and this subsection.
(5)(A) A transfer or reprogramming of funds or personnel may be made
under this subsection only if—
(i) the funds are being transferred to an activity that is a
higher priority intelligence activity;
(ii) the transfer or reprogramming supports an emergent
need, improves program effectiveness, or increases
efficiency;
(iii) the transfer or reprogramming does not involve a
transfer or reprogramming of funds to a Reserve for
Contingencies of the Director of National Intelligence or
the Reserve for Contingencies of the Central Intelligence
Agency;
(iv) the transfer or reprogramming results in a
cumulative transfer or reprogramming of funds out of
any department or agency, as appropriate, funded in the
National Intelligence Program in a single fiscal year—
(I) that is less than $150,000,000, and
(II) that is less than 5 percent of amounts
available to a department or agency under the
National Intelligence Program; and
(v) the transfer or reprogramming does not terminate an
acquisition program.
(B) A transfer or reprogramming may be made without regard to
a limitation set forth in clause (iv) or (v) of subparagraph (A) if
the transfer has the concurrence of the head of the department
involved or the Director of the Central Intelligence Agency (in
the case of the Central Intelligence Agency). The authority to
provide such concurrence may only be delegated by the head of
the department or agency involved to the deputy of such officer.
(6) Funds transferred or reprogrammed under this subsection shall
remain available for the same period as the appropriations account to
which transferred or reprogrammed.
(7) Any transfer or reprogramming of funds under this subsection shall
be carried out in accordance with existing procedures applicable to
reprogramming notifications for the appropriate congressional
committees. Any proposed transfer or reprogramming for which notice is
given to the appropriate congressional committees shall be accompanied
by a report explaining the nature of the proposed transfer or
15

NATIONAL SECURITY ACT OF 1947
reprogramming and how it satisfies the requirements of this subsection.
In addition, the congressional intelligence committees shall be promptly
notified of any transfer or reprogramming of funds made pursuant to this
subsection in any case in which the transfer or reprogramming would not
have otherwise required reprogramming notification under procedures in
effect as of the date of the enactment of this subsection.
(e) TRANSFER OF PERSONNEL.—
(1)(A) In addition to any other authorities available under law for such
purposes, in the first twelve months after establishment of a new national
intelligence center, the Director of National Intelligence, with the
approval of the Director of the Office of Management and Budget and in
consultation with the congressional committees of jurisdiction referred to
in subparagraph (B), may transfer not more than 100 personnel
authorized for elements of the intelligence community to such center.
(B) The Director of National Intelligence shall promptly provide
notice of any transfer of personnel made pursuant to this
paragraph to—
(i) the congressional intelligence committees;
(ii) the Committees on Appropriations of the Senate and
the House of Representatives;
(iii) in the case of the transfer of personnel to or from the
Department of Defense, the Committees on Armed
Services of the Senate and the House of Representatives;
and
(iv) in the case of the transfer of personnel to or from the
Department of Justice, to the Committees on the
Judiciary of the Senate and the House of
Representatives.
(C) The Director shall include in any notice under subparagraph
(B) an explanation of the nature of the transfer and how it
satisfies the requirements of this subsection.
(2)(A) The Director of National Intelligence, with the approval of the
Director of the Office of Management and Budget and in accordance
with procedures to be developed by the Director of National Intelligence
and the heads of the departments and agencies concerned, may transfer
personnel authorized for an element of the intelligence community to
another such element for a period of not more than 2 years.
(B) A transfer of personnel may be made under this paragraph
only if—
(i) the personnel are being transferred to an activity that
is a higher priority intelligence activity; and
16

NATIONAL SECURITY ACT OF 1947
(ii) the transfer supports an emergent need, improves
program effectiveness, or increases efficiency.
(C) The Director of National Intelligence shall promptly provide
notice of any transfer of personnel made pursuant to this
paragraph to—
(i) the congressional intelligence committees;
(ii) in the case of the transfer of personnel to or from the
Department of Defense, the Committees on Armed
Services of the Senate and the House of Representatives;
and
(iii) in the case of the transfer of personnel to or from the
Department of Justice, to the Committees on the
Judiciary of the Senate and the House of
Representatives.
(D) The Director shall include in any notice under subparagraph
(C) an explanation of the nature of the transfer and how it
satisfies the requirements of this paragraph.
(3) It is the sense of Congress that—
(A) the nature of the national security threats facing the United
States will continue to challenge the intelligence community to
respond rapidly and flexibly to bring analytic resources to bear
against emerging and unforeseen requirements;
(B) both the Office of the Director of National Intelligence and
any analytic centers determined to be necessary should be fully
and properly supported with appropriate levels of personnel
resources and that the President’s yearly budget requests
adequately support those needs; and
(C) the President should utilize all legal and administrative
discretion to ensure that the Director of National Intelligence and
all other elements of the intelligence community have the
necessary resources and procedures to respond promptly and
effectively to emerging and unforeseen national security
challenges.
(f) TASKING AND OTHER AUTHORITIES.—
(1)(A) The Director of National Intelligence shall—
(i) establish objectives, priorities, and guidance for the
intelligence community to ensure timely and effective
collection, processing, analysis, and dissemination
(including access by users to collected data consistent
with applicable law and, as appropriate, the guidelines
referred to in subsection (b) and analytic products
17

NATIONAL SECURITY ACT OF 1947
generated by or within the intelligence community) of
national intelligence;
(ii) determine requirements and priorities for, and
manage and direct the tasking of, collection, analysis,
production, and dissemination of national intelligence by
elements of the intelligence community, including—
(I) approving requirements (including those
requirements responding to needs provided by
consumers) for collection and analysis; and
(II) resolving conflicts in collection
requirements and in the tasking of national
collection assets of the elements of the
intelligence community; and
(iii) provide advisory tasking to intelligence elements of
those agencies and departments not within the National
Intelligence Program.
(B) The authority of the Director of National Intelligence under
subparagraph (A) shall not apply—
(i) insofar as the President so directs;
(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking
authority under plans or arrangements agreed upon by
the Secretary of Defense and the Director of National
Intelligence; or
(iii) to the direct dissemination of information to State
government and local government officials and private
sector entities pursuant to sections 201 and 892 of the
Homeland Security Act of 2002 (6 U.S.C. §121, 482).
(2) The Director of National Intelligence shall oversee the National
Counterterrorism Center and may establish such other national
intelligence centers as the Director determines necessary.
(3)(A) The Director of National Intelligence shall prescribe, in
consultation with the heads of other agencies or elements of the
intelligence community, and the heads of their respective departments,
personnel policies and programs applicable to the intelligence
community that—
(i) encourage and facilitate assignments and details of
personnel to national intelligence centers, and between
elements of the intelligence community;
(ii) set standards for education, training, and career
development of personnel of the intelligence
community;
18

NATIONAL SECURITY ACT OF 1947
(iii) encourage and facilitate the recruitment and
retention by the intelligence community of highly
qualified individuals for the effective conduct of
intelligence activities;
(iv) ensure that the personnel of the intelligence
community are sufficiently diverse for purposes of the
collection and analysis of intelligence through the
recruitment and training of women, minorities, and
individuals with diverse ethnic, cultural, and linguistic
backgrounds;
(v) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the
Director shall specify; and
(vi) ensure the effective management of intelligence
community personnel who are responsible for
intelligence community-wide matters.
(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable to
members of the uniformed services.
(4) The Director of National Intelligence shall ensure compliance with
the Constitution and laws of the United States by the Central Intelligence
Agency and shall ensure such compliance by other elements of the
intelligence community through the host executive departments that
manage the programs and activities that are part of the National
Intelligence Program.
(5) The Director of National Intelligence shall ensure the elimination of
waste and unnecessary duplication within the intelligence community.
(6) The Director of National Intelligence shall establish requirements and
priorities for foreign intelligence information to be collected under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.),
and provide assistance to the Attorney General to ensure that information
derived from electronic surveillance or physical searches under that Act
is disseminated so it may be used efficiently and effectively for national
intelligence purposes, except that the Director shall have no authority to
direct or undertake electronic surveillance or physical search operations
pursuant to that Act unless authorized by statute or Executive order.
(7) The Director of National Intelligence shall perform such other
functions as the President may direct.
(8) Nothing in this title shall be construed as affecting the role of the
Department of Justice or the Attorney General under the Foreign
Intelligence Surveillance Act of 1978.
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NATIONAL SECURITY ACT OF 1947
(g) INTELLIGENCE INFORMATION SHARING.—
(1) The Director of National Intelligence shall have principal authority to
ensure maximum availability of and access to intelligence information
within the intelligence community consistent with national security
requirements. The Director of National Intelligence shall—
(A) establish uniform security standards and procedures;
(B) establish common information technology standards,
protocols, and interfaces;
(C) ensure development of information technology systems that
include multi-level security and intelligence integration
capabilities;
(D) establish policies and procedures to resolve conflicts
between the need to share intelligence information and the need
to protect intelligence sources and methods;
(E) develop an enterprise architecture for the intelligence
community and ensure that elements of the intelligence
community comply with such architecture; and
(F) have procurement approval authority over all enterprise
architecture-related information technology items funded in the
National Intelligence Program.
(2) The President shall ensure that the Director of National Intelligence
has all necessary support and authorities to fully and effectively
implement paragraph (1).
(3) Except as otherwise directed by the President or with the specific
written agreement of the head of the department or agency in question, a
Federal agency or official shall not be considered to have met any
obligation to provide any information, report, assessment, or other
material (including unevaluated intelligence information) to that
department or agency solely by virtue of having provided that
information, report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
(4) Not later than February 1 of each year, the Director of National
Intelligence shall submit to the President and to the Congress an annual
report that identifies any statute, regulation, policy, or practice that the
Director believes impedes the ability of the Director to fully and
effectively implement paragraph (1).
(h) ANALYSIS.—To ensure the most accurate analysis of intelligence is derived
from all sources to support national security needs, the Director of National
Intelligence shall—
(1) implement policies and procedures—
(A) to encourage sound analytic methods and tradecraft
throughout the elements of the intelligence community;
20

NATIONAL SECURITY ACT OF 1947
(B) to ensure that analysis is based upon all sources available;
and
(C) to ensure that the elements of the intelligence community
regularly conduct competitive analysis of analytic products,
whether such products are produced by or disseminated to such
elements;
(2) ensure that resource allocation for intelligence analysis is
appropriately proportional to resource allocation for intelligence
collection systems and operations in order to maximize analysis of all
collected data;
(3) ensure that differences in analytic judgment are fully considered and
brought to the attention of policymakers; and
(4) ensure that sufficient relationships are established between
intelligence collectors and analysts to facilitate greater understanding of
the needs of analysts.
(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS.—
(1) The Director of National Intelligence shall protect intelligence
sources and methods from unauthorized disclosure.
(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National Intelligence shall
establish and implement guidelines for the intelligence community for
the following purposes:
(A) Classification of information under applicable law,
Executive orders, or other Presidential directives.
(B) Access to and dissemination of intelligence, both in final
form and in the form when initially gathered.
(C) Preparation of intelligence products in such a way that
source information is removed to allow for dissemination at the
lowest level of classification possible or in unclassified form to
the extent practicable.
(3) The Director may only delegate a duty or authority given the Director
under this subsection to the Principal Deputy Director of National
Intelligence.
(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED INFORMATION.—
The Director of National Intelligence, subject to the direction of the President,
shall—
(1) establish uniform standards and procedures for the grant of access to
sensitive compartmented information to any officer or employee of any
agency or department of the United States and to employees of
contractors of those agencies or departments;
(2) ensure the consistent implementation of those standards and
procedures throughout such agencies and departments;
21

NATIONAL SECURITY ACT OF 1947
(3) ensure that security clearances granted by individual elements of the
intelligence community are recognized by all elements of the intelligence
community, and under contracts entered into by those agencies; and
(4) ensure that the process for investigation and adjudication of an
application for access to sensitive compartmented information is
performed in the most expeditious manner possible consistent with
applicable standards for national security.
(k) COORDINATION WITH FOREIGN GOVERNMENTS.—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 Director of National Intelligence shall oversee the
coordination of the relationships between elements of the intelligence community
and the intelligence or security services of foreign governments or international
organizations on all matters involving intelligence related to the national security
or involving intelligence acquired through clandestine means.
(l) ENHANCED PERSONNEL MANAGEMENT.—
(1)(A) The Director of National Intelligence shall, under regulations
prescribed by the Director, provide incentives for personnel of elements
of the intelligence community to serve—
(i) on the staff of the Director of National Intelligence;
(ii) on the staff of the national intelligence 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 provision of law, the personnel of an
element of the intelligence community who are assigned or detailed
under paragraph (1)(A) to service under the Director of National
Intelligence shall be promoted at rates equivalent to or better than
personnel of such element who are not so assigned or detailed.
(B) The Director may prescribe regulations to carry out this
section.
(3)(A) The Director of National Intelligence shall prescribe mechanisms
to facilitate the rotation of personnel of the intelligence community
through various elements of the intelligence community in the course of
their careers in order to facilitate the widest possible understanding by
such personnel of the variety of intelligence requirements, methods,
users, and capabilities.
(B) The mechanisms prescribed under subparagraph (A) may
include the following:
22

NATIONAL SECURITY ACT OF 1947
(i) The establishment of special occupational categories
involving service, over the course of a career, in more
than one element of the intelligence community.
(ii) The provision of rewards for service in positions
undertaking analysis and planning of operations
involving two or more elements of the intelligence
community.
(iii) The establishment of requirements for education,
training, service, and evaluation for service involving
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
duplicate for civilian personnel within the intelligence
community the joint officer management policies established by
chapter 38 of title 10, United States Code, and the other
amendments made by title IV of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433).
(4)(A) Except as provided in subparagraph (B) and subparagraph (D),
this subsection shall not apply with respect to personnel of the elements
of the intelligence community who are members of the uniformed
services.
(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with respect
to members of the uniformed services who are assigned to an
element of the intelligence community funded through the
National Intelligence Program, but such mechanisms shall not be
inconsistent with personnel policies and education and training
requirements otherwise applicable to members of the uniformed
services.
(C) The personnel policies and programs developed and
implemented under this subsection with respect to law
enforcement officers (as that term is defined in section 5541(3)
of title 5, United States Code) shall not affect the ability of law
enforcement entities to conduct operations or, through the
applicable chain of command, to control the activities of such
law enforcement officers.
(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall
be considered a joint-duty assignment for purposes of the joint
officer management policies prescribed by chapter 38 of title 10,
United States Code, and other provisions of that title.
23

NATIONAL SECURITY ACT OF 1947
(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.—
(1) In addition to the authorities under subsection (f)(3), the Director of
National Intelligence may exercise with respect to the personnel of the
Office of the Director of National Intelligence any authority of the
Director of the Central Intelligence Agency with respect to the personnel
of the Central Intelligence Agency under the Central Intelligence Agency
Act of 1949 (50 U.S.C. §403a et seq.), and other applicable provisions of
law, as of the date of the enactment of this subsection to the same extent,
and subject to the same conditions and limitations, that the Director of
the Central Intelligence Agency may exercise such authority with respect
to personnel of the Central Intelligence Agency.
(2) Employees and applicants for employment of the Office of the
Director of National Intelligence shall have the same rights and
protections under the Office of the Director of National Intelligence as
employees of the Central Intelligence Agency have under the Central
Intelligence Agency Act of 1949, and other applicable provisions of law,
as of the date of the enactment of this subsection.
(n) ACQUISITION AUTHORITIES.—
(1) In carrying out the responsibilities and authorities under this section,
the Director of National Intelligence may exercise the acquisition and
appropriations authorities referred to in the Central Intelligence Agency
Act of 1949 (50 U.S.C. §403a et seq.) other than the authorities referred
to in section 8(b) of that Act (50 U.S.C. §403j(b)).
(2) For the purpose of the exercise of any authority referred to in
paragraph (1), a reference to the head of an agency shall be deemed to be
a reference to the Director of National Intelligence or the Principal
Deputy Director of National Intelligence.
(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 Director of
National Intelligence or the Principal Deputy Director of
National Intelligence may, in such official’s discretion, delegate
to any officer or other official of the Office of the Director of
National Intelligence any authority to make a determination or
decision as the head of the agency under an authority referred to
in paragraph (1).
(C) The limitations and conditions set forth in section 3(d) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. §403c(d))
shall apply to the exercise by the Director of National
Intelligence of an authority referred to in paragraph (1).
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NATIONAL SECURITY ACT OF 1947
(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the Central
Intelligence Agency Act of 1949 shall be based upon written
findings made by the official making such determination or
decision, which findings shall be final and shall be available
within the Office of the Director of National Intelligence for a
period of at least six years following the date of such
determination or decision.
(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE COMMUNITY.—
In carrying out the duties and responsibilities under this section, the Director of
National Intelligence shall take into account the views of a head of a department
containing an element of the intelligence community and of the Director of the
Central Intelligence Agency.
(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE REGARDING
NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING THE DEPARTMENT
OF DEFENSE.—Subject to the direction of the President, the Director of National
Intelligence shall, after consultation with the Secretary of Defense, ensure that
the National Intelligence Program budgets for the elements of the intelligence
community that are within the Department of Defense are adequate to satisfy the
national intelligence needs of the Department of Defense, including the needs of
the Chairman of the Joint Chiefs of Staff and the commanders of the unified and
specified commands, and wherever such elements are performing Governmentwide functions, the needs of other Federal departments and agencies.
(q) ACQUISITIONS OF MAJOR SYSTEMS.—
(1) For each intelligence program within the National Intelligence
Program for the acquisition of a major system, the Director of National
Intelligence shall—
(A) require the development and implementation of a program
management plan that includes cost, schedule, and performance
goals and program milestone criteria, except that with respect to
Department of Defense programs the Director shall consult with
the Secretary of Defense;
(B) serve as exclusive milestone decision authority, except that
with respect to Department of Defense programs the Director
shall serve as milestone decision authority jointly with the
Secretary of Defense or the designee of the Secretary; and
(C) periodically—
(i) review and assess the progress made toward the
achievement of the goals and milestones established in
such plan; and
(ii) submit to Congress a report on the results of such
review and assessment.
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NATIONAL SECURITY ACT OF 1947
(2) If the Director of National Intelligence and the Secretary of Defense
are unable to reach an agreement on a milestone decision under
paragraph (1)(B), the President shall resolve the conflict.
(3) Nothing in this subsection may be construed to limit the authority of
the Director of National Intelligence to delegate to any other official any
authority to perform the responsibilities of the Director under this
subsection.
(4) In this subsection:
(A) The term “intelligence program”, with respect to the
acquisition of a major system, means a program that—
(i) is carried out to acquire such major system for an
element of the intelligence community; and
(ii) is funded in whole out of amounts available for the
National Intelligence Program.
(B) The term “major system” has the meaning given such term in
section 4(9) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. §403(9)).
(r) PERFORMANCE OF COMMON SERVICES.—The Director of National
Intelligence shall, in consultation with the heads of departments and agencies of
the United States Government containing elements within the intelligence
community and with the Director of the Central Intelligence Agency, coordinate
the performance by the elements of the intelligence community within the
National Intelligence Program of such services as are of common concern to the
intelligence community, which services the Director of National Intelligence
determines can be more efficiently accomplished in a consolidated manner.
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 103. [50 U.S.C. §403-3]
(a) OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.—There is an Office of
the Director of National Intelligence.
(b) FUNCTION.—The function of the Office of the Director of National
Intelligence is to assist the Director of National Intelligence in carrying out the
duties and responsibilities of the Director under this Act, the National Security
Act of 1947 (50 U.S.C. §401 et seq.), and other applicable provisions of law, and
to carry out such other duties as may be prescribed by the President or by law.
(c) COMPOSITION.—The Office of the Director of National Intelligence is
composed of the following:
(1) The Director of National Intelligence.
(2) The Principal Deputy Director of National Intelligence.
(3) Any Deputy Director of National Intelligence appointed under
section 103A.
26

NATIONAL SECURITY ACT OF 1947
(4) The National Intelligence Council.
(5) The General Counsel.
(6) The Civil Liberties Protection Officer.
(7) The Director of Science and Technology.
(8) The National Counterintelligence Executive (including the Office of
the National Counterintelligence Executive).
(9) Such other offices and officials as may be established by law or the
Director may establish or designate in the Office, including national
intelligence centers.
(d) STAFF.—
(1) To assist the Director of National Intelligence in fulfilling the duties
and responsibilities of the Director, the Director shall employ and utilize
in the Office of the Director of National Intelligence a professional staff
having an expertise in matters relating to such duties and responsibilities,
and may establish permanent positions and appropriate rates of pay with
respect to that staff.
(2) The staff of the Office of the Director of National Intelligence under
paragraph (1) shall include the staff of the Office of the Deputy Director
of Central Intelligence for Community Management that is transferred to
the Office of the Director of National Intelligence under section 1091 of
the National Security Intelligence Reform Act of 2004.
(e) LIMITATION ON CO-LOCATION WITH OTHER ELEMENTS OF INTELLIGENCE
COMMUNITY.—Commencing as of October 1, 2008, the Office of the Director of
National Intelligence may not be co-located with any other element of the
intelligence community.
DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE
SEC. 103A. [50 U.S.C. §403-3a]
(a) PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—
(1) There is a Principal Deputy Director of National Intelligence who
shall be appointed by the President, by and with the advice and consent
of the Senate.
(2) In the event of a vacancy in the position of Principal Deputy Director
of National Intelligence, the Director of National Intelligence shall
recommend to the President an individual for appointment as Principal
Deputy Director of National Intelligence.
(3) Any individual nominated for appointment as Principal Deputy
Director of National Intelligence shall have extensive national security
experience and management expertise.

27

NATIONAL SECURITY ACT OF 1947
(4) The individual serving as Principal Deputy Director of National
Intelligence shall not, while so serving, serve in any capacity in any other
element of the intelligence community.
(5) The Principal Deputy Director of National Intelligence shall assist the
Director of National Intelligence in carrying out the duties and
responsibilities of the Director.
(6) The Principal Deputy Director of National Intelligence shall act for,
and exercise the powers of, the Director of National Intelligence during
the absence or disability of the Director of National Intelligence or
during a vacancy in the position of Director of National Intelligence.
(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—
(1) There may be not more than four Deputy Directors of National
Intelligence who shall be appointed by the Director of National
Intelligence.
(2) Each Deputy Director of National Intelligence appointed under this
subsection shall have such duties, responsibilities, and authorities as the
Director of National Intelligence may assign or are specified by law.
(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AND
PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—
(1) Not more than one of the individuals serving in the positions
specified in paragraph (2) may be a commissioned officer of the Armed
Forces in active status.
(2) The positions referred to in this paragraph are the following:
(A) The Director of National Intelligence.
(B) The Principal Deputy Director of National Intelligence.
(3) It is the sense of Congress that, under ordinary circumstances, it is
desirable that one of the individuals serving in the positions specified in
paragraph (2)—
(A) be a commissioned officer of the Armed Forces, in active
status; or
(B) have, by training or experience, an appreciation of military
intelligence activities and requirements.
(4) A commissioned officer of the Armed Forces, while serving in a
position specified in paragraph (2)—
(A) shall not be subject to supervision or control by the Secretary
of Defense or by any officer or employee of the Department of
Defense;
(B) shall not exercise, by reason of the officer’s status as a
commissioned officer, any supervision or control with respect to
any of the military or civilian personnel of the Department of
Defense except as otherwise authorized by law; and
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NATIONAL SECURITY ACT OF 1947
(C) shall not be counted against the numbers and percentages of
commissioned officers of the rank and grade of such officer
authorized for the military department of that officer.
(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the
appointment of an officer of the Armed Forces to a position specified in
paragraph (2) shall not affect the status, position, rank, or grade of such
officer in the Armed Forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of such status, position,
rank, or grade.
(6) A commissioned officer of the Armed Forces on active duty who is
appointed to a position specified in paragraph (2), while serving in such
position and while remaining on active duty, shall continue to receive
military pay and allowances and shall not receive the pay prescribed for
such position. Funds from which such pay and allowances are paid shall
be reimbursed from funds available to the Director of National
Intelligence.
NATIONAL INTELLIGENCE COUNCIL
SEC. 103B. [50 U.S.C. §403-3b]
(a) NATIONAL INTELLIGENCE COUNCIL.—There is a National Intelligence
Council.
(b) COMPOSITION.—
(1) 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 Director of National Intelligence.
(2) The Director shall prescribe appropriate security requirements for
personnel appointed from the private sector as a condition of service on
the Council, or as contractors of the Council or employees of such
contractors, to ensure the protection of intelligence sources and methods
while avoiding, wherever possible, unduly intrusive requirements which
the Director considers to be unnecessary for this purpose.
(c) DUTIES AND RESPONSIBILITIES.—
(1) The National Intelligence Council shall—
(A) produce national intelligence estimates for the United States
Government, including alternative views held by elements of the
intelligence community and other information as specified in
paragraph (2);
(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements
and resources of such collection and production; and
29

NATIONAL SECURITY ACT OF 1947
(C) otherwise assist the Director of National Intelligence in
carrying out the responsibilities of the Director under section
102A.
(2) The Director of National Intelligence shall ensure that the Council
satisfies the needs of policymakers and other consumers of intelligence.
(d) SERVICES AS SENIOR INTELLIGENCE ADVISERS.—Within their respective
areas of expertise and under the direction of the Director of National Intelligence,
the members of the National Intelligence Council shall constitute the senior
intelligence advisers of the intelligence community for purposes of representing
the views of the intelligence community within the United States Government.
(e) AUTHORITY TO CONTRACT.—Subject to the direction and control of the
Director of National Intelligence, the National Intelligence Council may carry out
its responsibilities under this section by contract, including contracts for
substantive experts necessary to assist the Council with particular assessments
under this section.
(f) STAFF.—The Director of National Intelligence shall make available to the
National Intelligence Council such staff as may be necessary to permit the
Council to carry out its responsibilities under this section.
(g) AVAILABILITY OF COUNCIL AND STAFF.—
(1) The Director of National Intelligence shall take appropriate measures
to ensure that the National Intelligence Council and its staff satisfy the
needs of policymaking officials and other consumers of intelligence.
(2) The Council shall be readily accessible to policymaking officials and
other appropriate individuals not otherwise associated with the
intelligence community.
(h) SUPPORT.—The heads of the elements of the intelligence community shall, as
appropriate, furnish such support to the National Intelligence Council, including
the preparation of intelligence analyses, as may be required by the Director of
National Intelligence.
(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.—For purposes of this section,
the term “National Intelligence Council product” includes a National Intelligence
Estimate and any other intelligence community assessment that sets forth the
judgment of the intelligence community as a whole on a matter covered by such
product.
GENERAL COUNSEL
SEC. 103C. [50 U.S.C. §403-3c]
(a) GENERAL COUNSEL.—There is a General Counsel of the Office of the
Director of National Intelligence who shall be appointed by the President, by and
with the advice and consent of the Senate.
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NATIONAL SECURITY ACT OF 1947
(b) PROHIBITION ON DUAL SERVICE AS GENERAL COUNSEL OF ANOTHER
AGENCY.—The individual serving in the position of General Counsel may not,
while so serving, also serve as the General Counsel of any other department,
agency, or element of the United States Government.
(c) SCOPE OF POSITION.—The General Counsel is the chief legal officer of the
Office of the Director of National Intelligence.
(d) FUNCTIONS.—The General Counsel shall perform such functions as the
Director of National Intelligence may prescribe.
CIVIL LIBERTIES PROTECTION OFFICER
SEC. 103D. [50 U.S.C. §403-3d]
(a) CIVIL LIBERTIES PROTECTION OFFICER.—
(1) Within the Office of the Director of National Intelligence, there is a
Civil Liberties Protection Officer who shall be appointed by the Director
of National Intelligence.
(2) The Civil Liberties Protection Officer shall report directly to the
Director of National Intelligence.
(b) DUTIES.—The Civil Liberties Protection Officer shall—
(1) ensure that the protection of civil liberties and privacy is
appropriately incorporated in the policies and procedures developed for
and implemented by the Office of the Director of National Intelligence
and the elements of the intelligence community within the National
Intelligence Program;
(2) oversee compliance by the Office and the Director of National
Intelligence with requirements under the Constitution and all laws,
regulations, Executive orders, and implementing guidelines relating 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 Director of National
Intelligence and, as appropriate, investigate any such complaint or
information;
(4) ensure that the use of technologies sustain, and do not erode, privacy
protections relating to the use, collection, and disclosure of personal
information;
(5) ensure that personal information contained in a system of records
subject to section 552a of title 5, United States Code (popularly referred
to as the Privacy Act’), is handled in full compliance with fair
information practices as set out in that section;
(6) conduct privacy impact assessments when appropriate or as required
by law; and
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NATIONAL SECURITY ACT OF 1947
(7) perform such other duties as may be prescribed by the Director of
National Intelligence or specified by law.
(c) USE OF AGENCY INSPECTORS GENERAL.—When appropriate, the Civil
Liberties Protection Officer may refer complaints to the Office of Inspector
General having responsibility for the affected element of the department or
agency of the intelligence community to conduct an investigation under
paragraph (3) of subsection (b).
DIRECTOR OF SCIENCE AND TECHNOLOGY
SEC. 103E. [50 U.S.C. §403-3e]
(a) DIRECTOR OF SCIENCE AND TECHNOLOGY.—There is a Director of Science
and Technology within the Office of the Director of National Intelligence who
shall be appointed by the Director of National Intelligence.
(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual appointed as
Director of Science and Technology shall have a professional background and
experience appropriate for the duties of the Director of Science and Technology.
(c) DUTIES.—The Director of Science and Technology shall—
(1) act as the chief representative of the Director of National Intelligence
for science and technology;
(2) chair the Director of National Intelligence Science and Technology
Committee under subsection (d);
(3) assist the Director in formulating a long-term strategy for scientific
advances in the field of intelligence;
(4) assist the Director on the science and technology elements of the
budget of the Office of the Director of National Intelligence; and
(5) perform other such duties as may be prescribed by the Director of
National Intelligence or specified by law.
(d) DIRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND TECHNOLOGY
COMMITTEE.—
(1) There is within the Office of the Director of Science and Technology
a Director of National Intelligence Science and Technology Committee.
(2) The Committee shall be composed of the principal science officers of
the National Intelligence Program.
(3) The Committee shall—
(A) coordinate advances in research and development related to
intelligence; and
(B) perform such other functions as the Director of Science and
Technology shall prescribe.

32

NATIONAL SECURITY ACT OF 1947
NATIONAL COUNTERINTELLIGENCE EXECUTIVE
SEC. 103F. [50 U.S.C. §403-3f]
(a) NATIONAL COUNTERINTELLIGENCE EXECUTIVE.—The National
Counterintelligence Executive under section 902 of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C. §402b et
seq.) is a component of the Office of the Director of National Intelligence.
(b) DUTIES.—The National Counterintelligence Executive shall perform the
duties provided in the Counterintelligence Enhancement Act of 2002 and such
other duties as may be prescribed by the Director of National Intelligence or
specified by law.
CHIEF INFORMATION OFFICER
SEC. 103G. [50 U.S.C. §403-3g]
(a) CHIEF INFORMATION OFFICER.—To assist the Director of National
Intelligence in carrying out the responsibilities of the Director under this Act and
other applicable provisions of law, there shall be within the Office of the Director
of National Intelligence a Chief Information Officer who shall be appointed by
the President, by and with the advice and consent of the Senate.
(b) CHIEF INFORMATION OFFICER OF INTELLIGENCE COMMUNITY.—The Chief
Information Officer shall serve as the chief information officer of the intelligence
community.
(c) DUTIES AND RESPONSIBILITIES.—Subject to the direction of the Director of
National Intelligence, the Chief Information Officer shall—
(1) manage activities relating to the information technology
infrastructure and enterprise architecture requirements of the intelligence
community;
(2) have procurement approval authority over all information technology
items related to the enterprise architectures of all intelligence community
components;
(3) direct and manage all information technology-related procurement for
the intelligence community; and
(4) ensure that all expenditures for information technology and research
and development activities are consistent with the intelligence
community enterprise architecture and the strategy of the Director for
such architecture.
(d) PROHIBITION ON SIMULTANEOUS SERVICE AS OTHER CHIEF INFORMATION
OFFICER.—An individual serving in the position of Chief Information Officer
may not, while so serving, serve as the chief information officer of any other
department or agency, or component thereof, of the United States Government.
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NATIONAL SECURITY ACT OF 1947
CENTRAL INTELLIGENCE AGENCY
SEC. 104. [50 U.S.C. §403-4]
(a) CENTRAL INTELLIGENCE AGENCY.—There is a Central Intelligence Agency.
(b) FUNCTION.—The function of the Central Intelligence Agency is to assist the
Director of the Central Intelligence Agency in carrying out the responsibilities
specified in section 104A(c).
DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
SEC. 104A. [50 U.S.C. §403-4a]
(a) DIRECTOR OF CENTRAL INTELLIGENCE 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.
(b) SUPERVISION.—The Director of the Central Intelligence Agency shall report
to the Director of National Intelligence regarding the activities of the Central
Intelligence Agency.
(c) DUTIES.—The Director of the Central Intelligence Agency shall—
(1) serve as the head of the Central Intelligence Agency; and
(2) carry out the responsibilities specified in subsection (d).
(d) 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) correlate and evaluate intelligence related to the national security and
provide appropriate dissemination of such intelligence;
(3) provide overall direction for and coordination of the collection of
national intelligence outside the United States through human sources by
elements of the intelligence community authorized to undertake such
collection and, in coordination with other departments, agencies, or
elements of the United States Government which are authorized to
undertake such collection, ensure that the most effective use is made of
resources and that appropriate account is taken of the risks to the United
States and those involved in such collection; and
(4) perform such other functions and duties related to intelligence
affecting the national security as the President or the Director of National
Intelligence may direct.
(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—
(1) Notwithstanding the provisions of any other law, the Director of the
Central Intelligence Agency may, in the discretion of the Director,
terminate the employment of any officer or employee of the Central
34

NATIONAL SECURITY ACT OF 1947
Intelligence Agency whenever the Director deems the termination of
employment of such officer or employee necessary or advisable in the
interests of the United States.
(2) Any termination of employment of an officer or employee under
paragraph (1) shall not affect the right of the officer or employee to seek
or accept employment in any other department, agency, or element of the
United States Government if declared eligible for such employment by
the Office of Personnel Management.
(f) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the direction of the
Director of National Intelligence and in a manner consistent with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. §3927), the Director of the Central
Intelligence Agency shall coordinate the relationships between elements of the
intelligence community and the intelligence or security services of foreign
governments or international organizations on all matters involving intelligence
related to the national security or involving intelligence acquired through
clandestine means.
(g) FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL POSITIONS
IN CENTRAL INTELLIGENCE AGENCY.—
(1) Except as provided pursuant to paragraph (2), an individual may not
be appointed to a position in the Senior Intelligence Service in the
Directorate of Intelligence or the Directorate of Operations of the Central
Intelligence Agency unless the Director of the Central Intelligence
Agency determines that the individual—
(A) has been certified as having a professional speaking and
reading proficiency in a foreign language, such proficiency being
at least level 3 on the Interagency Language Roundtable
Language Skills Level or commensurate proficiency level using
such other indicator of proficiency as the Director of the Central
Intelligence Agency considers appropriate; and
(B) is able to effectively communicate the priorities of the
United States and exercise influence in that foreign language.
(2) The Director of the Central Intelligence Agency may, in the
discretion of the Director, waive the application of paragraph (1) to any
position or category of positions otherwise covered by that paragraph if
the Director determines that foreign language proficiency is not
necessary for the successful performance of the duties and
responsibilities of such position or category of positions.

35

NATIONAL SECURITY ACT OF 1947
RESPONSIBILITIES OF THE SECRETARY OF DEFENSE
PERTAINING TO THE NATIONAL INTELLIGENCE PROGRAM
SEC. 105. [50 U.S.C. §403–5]
(a) IN GENERAL.—Consistent with the sections 102 and 102A, the Secretary of
Defense, in consultation with the Director of National Intelligence, shall—
(1) ensure that the budgets of the elements of the intelligence community
within the Department of Defense are adequate to satisfy the overall
intelligence needs of the Department of Defense, including the needs of
the Chairman of the Joint Chiefs of Staff and the commanders of the
unified and specified commands and, wherever such elements are
performing government wide functions, the needs of other departments
and agencies;
(2) ensure appropriate implementation of the policies and resource
decisions of the Director by elements of the Department of Defense
within the National Intelligence Program;
(3) ensure that the tactical intelligence activities of the Department of
Defense complement and are compatible with intelligence activities
under the National Intelligence Program;
(4) ensure that the elements of the intelligence community within the
Department of Defense are responsive and timely with respect to
satisfying the needs of operational military forces;
(5) eliminate waste and unnecessary duplication among the intelligence
activities of the Department of Defense; and
(6) ensure that intelligence activities of the Department of Defense are
conducted jointly where appropriate.
(b) RESPONSIBILITY FOR THE PERFORMANCE OF SPECIFIC FUNCTIONS.—
Consistent with sections 102 and 102A of this Act, the Secretary of Defense shall
ensure—
(1) through the National Security Agency (except as otherwise directed
by the President or the National Security Council), the continued
operation of an effective unified organization for the conduct of signals
intelligence activities and shall ensure that the product is disseminated in
a timely manner to authorized recipients;
(2) through the National Geospatial-Intelligence Agency (except as
otherwise directed by the President or the National Security Council),
with appropriate representation from the intelligence community, the
continued operation of an effective unified organization within the
Department of Defense—
(A) for carrying out tasking of imagery collection;
(B) for the coordination of imagery processing and exploitation
activities;
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NATIONAL SECURITY ACT OF 1947
(C) for ensuring the dissemination of imagery in a timely manner
to authorized recipients; and
(D) notwithstanding any other provision of law, for—
(i) prescribing technical architecture and standards
related to imagery intelligence and geospatial
information and ensuring compliance with such
architecture and standards; and
(ii) developing and fielding systems of common concern
related to imagery intelligence and geospatial
information;
(3) through the National Reconnaissance Office (except as otherwise
directed by the President or the National Security Council), the continued
operation of an effective unified organization for the research and
development, acquisition, and operation of overhead reconnaissance
systems necessary to satisfy the requirements of all elements of the
intelligence community;
(4) through the Defense Intelligence Agency (except as otherwise
directed by the President or the National Security Council), the continued
operation of an effective unified system within the Department of
Defense for the production of timely, objective military and militaryrelated intelligence, based upon all sources available to the intelligence
community, and shall ensure the appropriate dissemination of such
intelligence to authorized recipients;
(5) through the Defense Intelligence Agency (except as otherwise
directed by the President or the National Security Council), effective
management of Department of Defense human intelligence activities,
including defense attaches; and
(6) that the military departments maintain sufficient capabilities to
collect and produce intelligence to meet—
(A) the requirements of the Director of National Intelligence;
(B) the requirements of the Secretary of Defense or the
Chairman of the Joint Chiefs of Staff;
(C) the requirements of the unified and specified combatant
commands and of joint operations; and
(D) the specialized requirements of the military departments for
intelligence necessary to support tactical
commanders, military planners, the research and development
process, the acquisition of military equipment, and training and
doctrine.
(c) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.—The Secretary of
Defense, in carrying out the functions described in this section, may use such
elements of the Department of Defense as may be appropriate for the execution
37

NATIONAL SECURITY ACT OF 1947
of those functions, in addition to, or in lieu of, the elements identified in this
section.
ASSISTANCE TO UNITED STATES LAW ENFORCEMENT AGENCIES
SEC. 105A. [50 U.S.C. §403–5a]
(a) AUTHORITY TO PROVIDE ASSISTANCE.—Subject to subsection (b), elements
of the intelligence community may, upon the request of a United States law
enforcement agency, collect information outside the United States about
individuals who are not United States persons. Such elements may collect such
information notwithstanding that the law enforcement agency intends to use the
information collected for purposes of a law enforcement investigation or
counterintelligence investigation.
(b) LIMITATION ON ASSISTANCE BY ELEMENTS OF DEPARTMENT OF DEFENSE.—
(1) With respect to elements within the Department of Defense, the
authority in subsection (a) applies only to the following:
(A) The National Security Agency.
(B) The National Reconnaissance Office.
(C) The National Geospatial-Intelligence Agency.
(D) The Defense Intelligence Agency.
(2) Assistance provided under this section by elements of the Department
of Defense may not include the direct participation of a member of the
Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.
(3) Assistance may not be provided under this section by an element of
the Department of Defense if the provision of such assistance will
adversely affect the military preparedness of the United States.
(4) The Secretary of Defense shall prescribe regulations governing the
exercise of authority under this section by elements of the Department of
Defense, including regulations relating to the protection of sources and
methods in the exercise of such authority.
(c) DEFINITIONS.—For purposes of subsection (a):
(1) The term “United States law enforcement agency” means any
department or agency of the Federal Government that the Attorney
General designates as law enforcement agency for purposes of this
section.
(2) The term “United States person” means the following:
(A) A United States citizen.
(B) An alien known by the intelligence agency concerned to be a
permanent resident alien.
(C) An unincorporated association substantially composed of
United States citizens or permanent resident aliens.
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NATIONAL SECURITY ACT OF 1947
(D) A corporation incorporated in the United States, except for a
corporation directed and controlled by a foreign government or
governments.
DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED
IN CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL
INVESTIGATIONS OF FOREIGN INTELLIGENCE SOURCES
SEC. 105B. [50 U.S.C. §403–5b]
(a) DISCLOSURE OF FOREIGN INTELLIGENCE.—
(1) Except as otherwise provided by law and subject to paragraph (2), the
Attorney General, or the head of any other department or agency of the
Federal Government with law enforcement responsibilities, shall
expeditiously disclose to the Director of National Intelligence, pursuant
to guidelines developed by the Attorney General in consultation with the
Director, foreign intelligence acquired by an element of the Department
of Justice or an element of such department or agency, as the case may
be, in the course of a criminal investigation.
(2) The Attorney General by regulation and in consultation with the
Director may provide for exceptions to the applicability of paragraph (1)
for one or more classes of foreign intelligence, or foreign intelligence
with respect to one or more targets or matters, if the Attorney General
determines that disclosure of such foreign intelligence under that
paragraph would jeopardize an ongoing law enforcement investigation or
impair other significant law enforcement interests.
(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS.—Not later than
180 days after the date of enactment of this section, the Attorney General, in
consultation with the Director of National Intelligence, shall develop guidelines
to ensure that after receipt of a report from an element of the intelligence
community of activity of a foreign intelligence source or potential foreign
intelligence source that may warrant investigation as criminal activity, the
Attorney General provides notice to the Director, within a reasonable period of
time, of his intention to commence, or decline to commence, a criminal
investigation of such activity.
(c) PROCEDURES.—The Attorney General shall develop procedures for the
administration of this section, including the disclosure of foreign intelligence by
elements of the Department of Justice, and elements of other departments and
agencies of the Federal Government, under subsection (a) and the provision of
notice with respect to criminal investigations under subsection (b).

39

NATIONAL SECURITY ACT OF 1947
APPOINTMENT OF OFFICIALS RESPONSIBLE
FOR INTELLIGENCE RELATED ACTIVITIES
SEC. 106. [50 U.S.C. §403–6]
(a) RECOMMENDATION OF DNI IN CERTAIN APPOINTMENTS.—
(1) In the event of a vacancy in a position referred to in paragraph (2),
the Director of National Intelligence shall recommend to the President an
individual for nomination to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Principal Deputy Director of National Intelligence.
(B) The Director of the Central Intelligence Agency.
(b) CONCURRENCE OF DNI IN APPOINTMENTS TO POSITIONS IN THE
INTELLIGENCE COMMUNITY.—
(1) In the event of a vacancy in a position referred to in paragraph (2),
the head of the department or agency having jurisdiction over the
position shall obtain the concurrence of the Director of National
Intelligence before appointing an individual to fill the vacancy or
recommending to the President an individual to be nominated to fill the
vacancy. If the Director does not concur in the recommendation, the head
of the department or agency concerned may not fill the vacancy or make
the recommendation to the President (as the case may be). In the case in
which the Director does not concur in such a recommendation, the
Director and the head of the department or agency concerned may advise
the President directly of the intention to withhold concurrence or to make
a recommendation, as the case may be.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Geospatial-Intelligence Agency.
(D) The Assistant Secretary of State for Intelligence and
Research.
(E) The Director of the Office of Intelligence of the Department
of Energy.
(F) The Director of the Office of Counterintelligence of the
Department of Energy.
(G) The Assistant Secretary for Intelligence and Analysis of the
Department of the Treasury.
(H) The Executive Assistant Director for Intelligence of the
Federal Bureau of Investigation or any successor to that position.
(I) The Under Secretary of Homeland Security for Intelligence
and Analysis.
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NATIONAL SECURITY ACT OF 1947
(c) CONSULTATION WITH DNI IN CERTAIN POSITIONS.—
(1) In the event of a vacancy in a position referred to in paragraph (2),
the head of the department or agency having jurisdiction over the
position shall consult with the Director of National Intelligence before
appointing an individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Defense Intelligence Agency.
(B) The Assistant Commandant of the Coast Guard for
Intelligence.
(C) Assistant Attorney General designated as the Assistant
Attorney General for National Security under section 507A of
title 28, United States Code.
NATIONAL SECURITY RESOURCES BOARD
SEC. 107. [50 U.S.C. §404]
(a) The Director of the Federal Emergency Management Agency, subject to the
direction of the President, is authorized, subject to the civil-service laws and the
Classification Act of 1949, to appoint and fix the compensation of such personnel
as may be necessary to assist the Director in carrying out his functions.
(b) It shall be the function of the Director of the Office of Defense Mobilization
to advise the President concerning the coordination of military, industrial, and
civilian mobilization, including—
(1) policies concerning industrial and civilian mobilization in order to
assure the most effective mobilization and maximum utilization of the
Nation’s manpower in the event of war.
(2) programs for the effective use in time of war of the Nation’s natural
and industrial resources for military and civilian needs, for the
maintenance and stabilization of the civilian economy in time of war, and
for the adjustment of such economy to war needs and conditions;
(3) policies for unifying, in time of war, the activities of Federal
agencies and departments engaged in or concerned with production,
procurement, distribution, or transportation of military or civilian
supplies, materials, and products;
(4) the relationship between potential supplies of, and potential
requirements for, manpower, resources, and productive facilities in time
of war;
(5) policies for establishing adequate reserves of strategic and critical
material, and for the conservation of these reserves;

41

NATIONAL SECURITY ACT OF 1947
(6) the strategic relocation of industries, services, government, and
economic activities, the continuous operation of which is essential to the
Nation’s security.
(c) In performing his functions, the Director of the Office of Defense
Mobilization shall utilize to the maximum extent the facilities and resources of
the departments and agencies of the Government.
ANNUAL NATIONAL SECURITY STRATEGY REPORT
SEC. 108. [50 U.S.C. §404a]
(a)(1) The President shall transmit to Congress each year a comprehensive report
on the national security strategy of the United States (hereinafter in this section
referred to as a national security strategy report”).
(2) The national security strategy report for any year shall be transmitted
on the date on which the President submits to Congress the budget for
the next fiscal year under section 1105 of title 31, United States Code.
(3) Not later than 150 days after the date on which a new President takes
office, the President shall transmit to Congress a national security
strategy report under this section. That report shall be in addition to the
report for that year transmitted at the time specified in paragraph (2).
(b) Each national security strategy report shall set forth the national security
strategy of the United States and shall include a comprehensive description and
discussion of the following:
(1) The worldwide interests, goals, and objectives of the United States
that are vital to the national security of the United States.
(2) The foreign policy, worldwide commitments, and national defense
capabilities of the United States necessary to deter aggression and to
implement the national security strategy of the United States.
(3) The proposed short-term and long-term uses of the political,
economic, military, and other elements of the national power of the
United States to protect or promote the interests and achieve the goals
and objectives referred to in paragraph (1).
(4) The adequacy of the capabilities of the United States to carry out the
national security strategy of the United States, including an evaluation of
the balance among the capabilities of all elements of the national power
of the United States to support the implementation of the national
security strategy.
(5) Such other information as may be necessary to help inform Congress
on matters relating to the national security strategy of the United States.
(c) Each national security strategy report shall be transmitted in both a classified
and an unclassified form.
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NATIONAL SECURITY ACT OF 1947
ANNUAL REPORT ON INTELLIGENCE
SEC. 109. [50 U.S.C. §404d]
(a) IN GENERAL.—
(1)(A) Not later each year than the date provided in section 507, the
President shall submit to the congressional intelligence committees a
report on the requirements of the United States for intelligence and the
activities of the intelligence community.
(B) Not later than January 31 each year, and included with the
budget of the President for the next fiscal year under section
1105(a) of title 31, United States Code, the President shall
submit to the appropriate congressional committees the report
described in subparagraph (A).
(2) The purpose of the report is to facilitate an assessment of the
activities of the intelligence community during the preceding fiscal year
and to assist in the development of a mission and a budget for the
intelligence community for the fiscal year beginning in the year in which
the report is submitted.
(3) The report shall be submitted in unclassified form, but may include a
classified annex.
(b) MATTERS COVERED.—
(1) Each report under subsection (a) shall—
(A) specify the intelligence required to meet the national security
interests of the United States, and set forth an order of priority
for the collection and analysis of intelligence required to meet
such interests, for the fiscal year beginning in the year in which
the report is submitted; and
(B) evaluate the performance of the intelligence community in
collecting and analyzing intelligence required to meet such
interests during the fiscal year ending in the year preceding the
year in which the report is submitted, including a description of
the significant successes and significant failures of the
intelligence community in such collection and analysis during
that fiscal year.
(2) The report shall specify matters under paragraph (1)(A) in sufficient
detail to assist Congress in making decisions with respect to the
allocation of resources for the matters specified.
(c) DEFINITION.—In this section, the term “appropriate congressional
committees” means the following:
(1) The Committee on Appropriations and the Committee on Armed
Services of the Senate.
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NATIONAL SECURITY ACT OF 1947
(2) The Committee on Appropriations and the Committee on Armed
Services of the House of Representatives.
NATIONAL MISSION OF THE
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
SEC. 110. [50 U.S.C. §404e]
(a) IN GENERAL.—In addition to the Department of Defense missions set forth in
section 442 of title 10, United States Code, the National Geospatial-Intelligence
Agency shall support the imagery requirements of the Department of State and
other departments and agencies of the United States outside the Department of
Defense.
(b) REQUIREMENTS AND PRIORITIES.—The Director of National Intelligence
shall establish requirements and priorities governing the collection of national
intelligence by the National Geospatial-Intelligence Agency under subsection (a).
(c) CORRECTION OF DEFICIENCIES.—The Director of National Intelligence shall
develop and implement such programs and policies as the Director and the
Secretary of Defense jointly determine necessary to review and correct
deficiencies identified in the capabilities of the National Geospatial-Intelligence
Agency to accomplish assigned national missions, including support to the allsource analysis and production process. The Director shall consult with the
Secretary of Defense on the development and implementation of such programs
and policies. The Secretary shall obtain the advice of the Chairman of the Joint
Chiefs of Staff regarding the matters on which the Director and the Secretary are
to consult under the preceding sentence.
RESTRICTION ON INTELLIGENCE SHARING WITH THE UNITED NATIONS
SEC. 112. [50 U.S.C. §404g]
(a) PROVISION OF INTELLIGENCE INFORMATION TO THE UNITED NATIONS.—
(1) No United States intelligence information may be provided to the
United Nations or any organization affiliated with the United Nations, or
to any officials or employees thereof, unless the President certifies to the
appropriate committees of Congress that the Director of National
Intelligence, in consultation with the Secretary of State and the Secretary
of Defense, has established and implemented procedures, and has
worked with the United Nations to ensure implementation of procedures,
for protecting from unauthorized disclosure United States intelligence
sources and methods connected to such information.
(2) Paragraph (1) may be waived upon written certification by the
President to the appropriate committees of Congress that providing such
information to the United Nations or an organization affiliated with the
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NATIONAL SECURITY ACT OF 1947
United Nations, or to any officials or employees thereof, is in the
national security interests of the United States.
(b) ANNUAL AND SPECIAL REPORTS.—
(1) The President shall report annually to the appropriate committees of
Congress on the types and volume of intelligence provided to the United
Nations and the purposes for which it was provided during the period
covered by the report. The President shall also report to the appropriate
committees of Congress within 15 days after it has become known to the
United States Government that there has been an unauthorized disclosure
of intelligence provided by the United States to the United Nations.
(2) The requirement for periodic reports under the first sentence of
paragraph (1) shall not apply to the provision of intelligence that is
provided only to, and for the use of, appropriately cleared United States
Government personnel serving with the United Nations.
(3) In the case of the annual reports required to be submitted under the
first sentence of paragraph (1) to the congressional intelligence
committees, the submittal dates for such reports shall be as provided in
section 507.
(c) DELEGATION OF DUTIES.—The President may not delegate or assign the
duties of the President under this section.
(d) RELATIONSHIP TO EXISTING LAW.—Nothing in this section shall be
construed to—
(1) impair or otherwise affect the authority of the Director of National
Intelligence to protect intelligence sources and methods from
unauthorized disclosure pursuant to section 103(c)(7) of this Act; or
(2) supersede or otherwise affect the provisions of title V of this Act.
(e) DEFINITION.—As used in this section, the term “appropriate committees of
Congress” means the Committee on Foreign Relations and the Select Committee
on Intelligence of the Senate and the Committee on Foreign Relations and the
Permanent Select Committee on Intelligence of the House of Representatives.
DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL;
INTELLIGENCE COMMUNITY ASSIGNMENT PROGRAM
SEC. 113. [50 U.S.C. §404h]
(a) DETAIL.—
(1) Notwithstanding any other provision of law, the head of a department
with an element in the intelligence community or the head of an
intelligence community agency or element may detail any employee
within that department, agency, or element to serve in any position in the
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NATIONAL SECURITY ACT OF 1947
Intelligence Community Assignment Program on a reimbursable or a
nonreimbursable basis.
(2) Nonreimbursable details may be for such periods as are agreed to
between the heads of the parent and host agencies, up to a maximum of
three years, except that such details may be extended for a period not to
exceed one year when the heads of the parent and host agencies
determine that such extension is in the public interest.
(b) BENEFITS, ALLOWANCES, TRAVEL, INCENTIVES.—
(1) An employee detailed under subsection (a) may be authorized any
benefit, allowance, travel, or incentive otherwise provided to enhance
staffing by the organization from which the employee is detailed.
(2) The head of an agency of an employee detailed under subsection (a)
may pay a lodging allowance for the employee subject to the following
conditions:
(A) The allowance shall be the lesser of the cost of the lodging
or a maximum amount payable for the lodging as established
jointly by the Director of National Intelligence and—
(i) with respect to detailed employees of the Department
of Defense, the Secretary of Defense; and
(ii) with respect to detailed employees of other agencies
and departments, the head of such agency or department.
(B) The detailed employee maintains a primary residence for the
employee’s immediate family in the local commuting area of the
parent agency duty station from which the employee regularly
commuted to such duty station before the detail.
(C) The lodging is within a reasonable proximity of the host
agency duty station.
(D) The distance between the detailed employee’s parent agency
duty station and the host agency duty station is greater than 20
miles.
(E) The distance between the detailed employee’s primary
residence and the host agency duty station is 10 miles greater
than the distance between such primary residence and the
employee’s parent duty station.
(F) The rate of pay applicable to the detailed employee does not
exceed the rate of basic pay for grade GS–15 of the General
Schedule.

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NATIONAL SECURITY ACT OF 1947
ADDITIONAL ANNUAL REPORTS FROM
THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 114. [50 U.S.C. §404i]
(a) ANNUAL REPORT ON THE SAFETY AND SECURITY OF RUSSIAN NUCLEAR
FACILITIES AND NUCLEAR MILITARY FORCES.—
(1) The Director of National Intelligence shall submit to the
congressional leadership on an annual basis, and to the congressional
intelligence committees on the date each year provided in section 507, an
intelligence report assessing the safety and security of the nuclear
facilities and nuclear military forces in Russia.
(2) Each such report shall include a discussion of the following:
(A) The ability of the Government of Russia to maintain its
nuclear military forces.
(B) The security arrangements at civilian and military nuclear
facilities in Russia.
(C) The reliability of controls and safety systems at civilian
nuclear facilities in Russia.
(D) The reliability of command and control systems and
procedures of the nuclear military forces in Russia.
(3) Each such report shall be submitted in unclassified form, but may
contain a classified annex.
(b) ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES.—
(1) The Director of National Intelligence shall, on an annual basis,
submit to Congress a report on the employment of covered persons
within each element of the intelligence community for the preceding
fiscal year.
(2) Each such report shall include disaggregated data by category of
covered person from each element of the intelligence community on the
following:
(A) Of all individuals employed in the element during the fiscal
year involved, the aggregate percentage of such individuals who
are covered persons.
(B) Of all individuals employed in the element during the fiscal
year involved at the levels referred to in clauses (i) and (ii), the
percentage of covered persons employed at such levels:
(i) Positions at levels 1 through 15 of the General
Schedule.
(ii) Positions at levels above GS–15.
(C) Of all individuals hired by the element involved during the
fiscal year involved, the percentage of such individuals who are
covered persons.
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NATIONAL SECURITY ACT OF 1947
(3) Each such report shall be submitted in unclassified form, but may
contain a classified annex.
(4) Nothing in this subsection shall be construed as providing for the
substitution of any similar report required under another provision of
law.
(5) In this subsection, the term “covered persons” means—
(A) racial and ethnic minorities;
(B) women; and
(C) individuals with disabilities.
(c) ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED STATES USING
WEAPONS OF MASS DESTRUCTION.—
(1) Not later each year than the date provided in section 507, the Director
of National Intelligence shall submit to the congressional committees
specified in paragraph (3) a report assessing the following:
(A) The current threat of attack on the United States using
ballistic missiles or cruise missiles.
(B) The current threat of attack on the United States using a
chemical, biological, or nuclear weapon delivered by a system
other than a ballistic missile or cruise missile.
(2) Each report under paragraph (1) shall be a national intelligence
estimate, or have the formality of a national intelligence estimate.
(3) The congressional committees referred to in paragraph (1) are the
following:
(A) The congressional intelligence committees.
(B) The Committees on Foreign Relations and Armed Services
of the Senate.
(C) The Committees on International Relations and Armed
Services of the House of Representatives.
(d) CONGRESSIONAL LEADERSHIP DEFINED.—In this section, the term
“congressional leadership” means the Speaker and the minority leader of the
House of Representatives and the majority leader and the minority leader of the
Senate.
ANNUAL REPORT ON IMPROVEMENT OF
FINANCIAL STATEMENTS FOR AUDITING PURPOSES
SEC. 114A. [50 U.S.C. §404i–1]
Not later each year than the date provided in section 507, the Director of National
Intelligence, the Director of the Central Intelligence Agency, the Director of the
National Security Agency, the Director of the Defense Intelligence Agency, and
the Director of the National Geospatial-Intelligence Agency shall each submit to
the congressional intelligence committees a report describing the activities being
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NATIONAL SECURITY ACT OF 1947
undertaken by such official to ensure that the financial statements of such agency
can be audited in accordance with applicable law and requirements of the Office
of Management and Budget.
TRAVEL ON ANY COMMON CARRIER FOR
CERTAIN INTELLIGENCE COLLECTION PERSONNEL
SEC. 116. [50 U.S.C. §404k]
(a) IN GENERAL.—Notwithstanding any other provision of law, the Director of
National Intelligence may authorize travel on any common carrier when such
travel, in the discretion of the Director—
(1) is consistent with intelligence community mission requirements, or
(2) is required for cover purposes, operational needs, or other exceptional
circumstances necessary for the successful performance of an
intelligence community mission.
(b) AUTHORIZED DELEGATION OF DUTY.—The Director of National Intelligence
may only delegate the authority granted by this section to the Principal Deputy
Director of National Intelligence, or with respect to employees of the Central
Intelligence Agency, to the Director of the Central Intelligence Agency.
POW/MIA ANALYTIC CAPABILITY
SEC. 117. [50 U.S.C. §404l]
(a) REQUIREMENT.—
(1) The Director of National Intelligence shall, in consultation with the
Secretary of Defense, establish and maintain in the intelligence
community an analytic capability with responsibility for intelligence in
support of the activities of the United States relating to individuals who,
after December 31, 1990, are unaccounted for United States personnel.
(2) The analytic capability maintained under paragraph (1) shall be
known as the “POW/MIA analytic capability of the intelligence
community”.
(b) UNACCOUNTED FOR UNITED STATES PERSONNEL.—In this section, the term
“unaccounted for United States personnel” means the following:
(1) Any missing person (as that term is defined in section 1513(1) of title
10, United States Code).
(2) Any United States national who was killed while engaged in
activities on behalf of the United States and whose remains have not
been repatriated to the United States.

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NATIONAL SECURITY ACT OF 1947
SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST ASSETS
SEC. 118. [50 U.S.C. §404m]
(a) SEMIANNUAL REPORT.—On a semiannual basis, the Secretary of the Treasury
(acting through the head of the Office of Intelligence Support) shall submit a
report to the appropriate congressional committees that fully informs the
committees concerning operations against terrorist financial networks.
Each such report shall include with respect to the preceding six-month period—
(1) the total number of asset seizures, designations, and other actions
against individuals or entities found to have engaged in financial support
of terrorism;
(2) the total number of applications for asset seizure and designations of
individuals or entities suspected of having engaged in financial support
of terrorist activities that were granted, modified, or denied;
(3) the total number of physical searches of offices, residences, or
financial records of individuals or entities suspected of having engaged
in financial support for terrorist activity; and
(4) whether the financial intelligence information seized in these cases
has been shared on a full and timely basis with the all departments,
agencies, and other entities of the United States Government involved in
intelligence activities participating in the Foreign Terrorist Asset
Tracking Center.
(b) IMMEDIATE NOTIFICATION FOR EMERGENCY DESIGNATION.—In the case of a
designation of an individual or entity, or the assets of an individual or entity, as
having been found to have engaged in terrorist activities, the Secretary of the
Treasury shall report such designation within 24 hours of such a designation to
the appropriate congressional committees.
(c) SUBMITTAL DATE OF REPORTS TO CONGRESSIONAL INTELLIGENCE
COMMITTEES.—In the case of the reports required to be submitted under
subsection (a) to the congressional intelligence committees, the submittal dates
for such reports shall be as provided in section 507.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the
term “appropriate congressional committees” means the following:
(1) The Permanent Select Committee on Intelligence, the Committee on
Appropriations, and the Committee on Financial Services of the House
of Representatives.
(2) The Select Committee on Intelligence, the Committee on
Appropriations, and the Committee on Banking, Housing, and Urban
Affairs of the Senate.

50

NATIONAL SECURITY ACT OF 1947
NATIONAL COUNTERTERRORISM CENTER
SEC. 119. [50 U.S.C. §404o]
(a) ESTABLISHMENT OF CENTER.—There is within the Office of the Director of
National Intelligence a National Counterterrorism Center.
(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER.—
(1) There is a Director of the National Counterterrorism Center, who
shall be the head of the National Counterterrorism Center, and who shall
be appointed by the President, by and with the advice and consent of the
Senate.
(2) The Director of the National Counterterrorism Center may not
simultaneously serve in any other capacity in the executive branch.
(c) REPORTING.—
(1) The Director of the National Counterterrorism Center shall report to
the Director of National Intelligence with respect to matters described in
paragraph (2) and the President with respect to matters described in
paragraph (3).
(2) The matters described in this paragraph are as follows:
(A) The budget and programs of the National Counterterrorism
Center.
(B) The activities of the Directorate of Intelligence of the
National Counterterrorism Center under subsection (h).
(C) The conduct of intelligence operations implemented by other
elements of the intelligence community; and
(3) The matters described in this paragraph are the planning and progress
of joint counterterrorism operations (other than intelligence operations).
(d) PRIMARY MISSIONS.—The primary missions of the National
Counterterrorism Center shall be as follows:
(1) To serve as the primary organization in the United States
Government for analyzing and integrating all intelligence possessed or
acquired by the United States Government pertaining to terrorism and
counterterrorism, excepting intelligence pertaining exclusively to
domestic terrorists and domestic counterterrorism.
(2) To conduct strategic operational planning for counterterrorism
activities, integrating all instruments of national power, including
diplomatic, financial, military, intelligence, homeland security, and law
enforcement activities within and among agencies.
(3) To assign roles and responsibilities as part of its strategic operational
planning duties to lead Departments or agencies, as appropriate, for
counterterrorism activities that are consistent with applicable law and
that support counterterrorism strategic operational plans, but shall not
direct the execution of any resulting operations.
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NATIONAL SECURITY ACT OF 1947
(4) To ensure that agencies, as appropriate, have access to and receive
all-source intelligence support needed to execute their counterterrorism
plans or perform independent, alternative analysis.
(5) To ensure that such agencies have access to and receive intelligence
needed to accomplish their assigned activities.
(6) To serve as the central and shared knowledge bank on known and
suspected terrorists and international terror groups, as well as their goals,
strategies, capabilities, and networks of contacts and support.
(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—
(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 exclusively 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 information from the Center to assist it in its responsibilities,
consistent with applicable law and the guidelines referred to in section
102A(b).
(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—
(1) The Director of the National Counterterrorism Center shall—
(A) serve as the principal adviser to the Director of National
Intelligence on intelligence operations relating to
counterterrorism;
(B) provide strategic operational plans for the civilian and
military counterterrorism efforts of the United States
Government and for the effective integration of counterterrorism
intelligence and operations across agency boundaries, both inside
and outside the United States;
(C) advise the Director of National Intelligence on the extent to
which the counterterrorism program recommendations and
budget proposals of the departments, agencies, and elements of
the United States Government conform to the priorities
established by the President;
(D) disseminate terrorism information, including current
terrorism threat analysis, to the President, the Vice President, the
Secretaries of State, Defense, and Homeland Security, the
Attorney General, the Director of the Central Intelligence
Agency, and other officials of the executive branch as
appropriate, and to the appropriate committees of Congress;
(E) support the Department of Justice and the Department of
Homeland Security, and other appropriate agencies, in
fulfillment of their responsibilities to disseminate terrorism
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NATIONAL SECURITY ACT OF 1947
information, consistent with applicable law, guidelines referred
to in section 102A(b), Executive orders and other Presidential
guidance, to State and local government officials, and other
entities, and coordinate dissemination of terrorism information to
foreign governments as approved by the Director of National
Intelligence;
(F) develop a strategy for combining terrorist travel intelligence
operations and law enforcement planning and operations into a
cohesive effort to intercept terrorists, find terrorist travel
facilitators, and constrain terrorist mobility;
(G) have primary responsibility within the United States
Government for conducting net assessments of terrorist threats;
(H) consistent with priorities approved by the President, assist
the Director of National Intelligence in establishing requirements
for the intelligence community for the collection of terrorism
information; and
(I) perform such other duties as the Director of National
Intelligence may prescribe or are prescribed by law.
(2) Nothing in paragraph (1)(G) shall limit the authority of the
departments and agencies of the United States to conduct net
assessments.
(g) LIMITATION.—The Director of the National Counterterrorism Center may not
direct the execution of counterterrorism operations.
(h) RESOLUTION OF DISPUTES.—The Director of National Intelligence shall
resolve disagreements between the National Counterterrorism Center and the
head of a department, agency, or element of the United States Government on
designations, assignments, plans, or responsibilities under this section. The head
of such a department, agency, or element may appeal the resolution of the
disagreement by the Director of National Intelligence to the President.
(i) DIRECTORATE OF INTELLIGENCE.—The Director of the National
Counterterrorism Center shall establish and maintain within the National
Counterterrorism Center a Directorate of Intelligence which shall have primary
responsibility within the United States Government for analysis of terrorism and
terrorist organizations (except for purely domestic terrorism and domestic
terrorist organizations) from all sources of intelligence, whether collected inside
or outside the United States.
(j) DIRECTORATE OF STRATEGIC OPERATIONAL PLANNING.—
(1) The Director of the National Counterterrorism Center shall establish
and maintain within the National Counterterrorism Center a Directorate
of Strategic Operational Planning which shall provide strategic
operational plans for counterterrorism operations conducted by the
United States Government.
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NATIONAL SECURITY ACT OF 1947
(2) Strategic operational planning shall include the mission, objectives to
be achieved, tasks to be performed, interagency coordination of
operational activities, and the assignment of roles and responsibilities.
(3) The Director of the National Counterterrorism Center shall monitor
the implementation of strategic operational plans, and shall obtain
information from each element of the intelligence community, and from
each other department, agency, or element of the United States
Government relevant for monitoring the progress of such entity in
implementing such plans.
NATIONAL COUNTER PROLIFERATION CENTER
SEC. 119A. [50 U.S.C. §404o-1]
(a) ESTABLISHMENT.—Not later than 18 months after the date of the enactment
of the National Security Intelligence Reform Act of 2004, the President shall
establish a National Counter Proliferation Center, taking into account all
appropriate government tools to prevent and halt the proliferation of weapons of
mass destruction, their delivery systems, and related materials and technologies.
(b) MISSIONS AND OBJECTIVES.—In establishing the National Counter
Proliferation Center, the President shall address the following missions and
objectives to prevent and halt the proliferation of weapons of mass destruction,
their delivery systems, and related materials and technologies:
(1) Establishing a primary organization within the United States
Government for analyzing and integrating all intelligence possessed or
acquired by the United States pertaining to proliferation.
(2) Ensuring that appropriate agencies have full access to and receive allsource intelligence support needed to execute their counter proliferation
plans or activities, and perform independent, alternative analyses.
(3) Establishing a central repository on known and suspected
proliferation activities, including the goals, strategies, capabilities,
networks, and any individuals, groups, or entities engaged in
proliferation.
(4) Disseminating proliferation information, including proliferation
threats and analyses, to the President, to the appropriate departments and
agencies, and to the appropriate committees of Congress.
(5) Conducting net assessments and warnings about the proliferation of
weapons of mass destruction, their delivery systems, and related
materials and technologies.
(6) Coordinating counter proliferation plans and activities of the various
departments and agencies of the United States Government to prevent
and halt the proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
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NATIONAL SECURITY ACT OF 1947
(7) Conducting strategic operational counter proliferation planning for
the United States Government to prevent and halt the proliferation of
weapons of mass destruction, their delivery systems, and related
materials and technologies.
(c) NATIONAL SECURITY WAIVER.—The President may waive the requirements
of this section, and any parts thereof, if the President determines that such
requirements do not materially improve the ability of the United States
Government to prevent and halt the proliferation of weapons of mass destruction,
their delivery systems, and related materials and technologies. Such waiver shall
be made in writing to Congress and shall include a description of how the
missions and objectives in subsection (b) are being met.
(d) REPORT TO CONGRESS.—
(1) Not later than nine months after the implementation of this Act, the
President shall submit to Congress, in classified form if necessary, the
findings and recommendations of the President’s Commission on
Weapons of Mass Destruction established by Executive Order in
February 2004, together with the views of the President regarding the
establishment of a National Counter Proliferation Center.
(2) If the President decides not to exercise the waiver authority granted
by subsection (c), the President shall submit to Congress from time to
time updates and plans regarding the establishment of a National Counter
Proliferation Center.
(e) SENSE OF CONGRESS.—It is the sense of Congress that a central feature of
counter proliferation activities, consistent with the President’s Proliferation
Security Initiative, should include the physical interdiction, by air, sea, or land, of
weapons of mass destruction, their delivery systems, and related materials and
technologies, and enhanced law enforcement activities to identify and disrupt
proliferation networks, activities, organizations, and persons.
NATIONAL INTELLIGENCE CENTERS
SEC. 119B. [50 U.S.C. §404o-2]
(a) AUTHORITY TO ESTABLISH.—The Director of National Intelligence may
establish one or more national intelligence centers to address intelligence
priorities, including, but not limited to, regional issues.
(b) RESOURCES OF DIRECTORS OF CENTERS.—
(1) The Director of National Intelligence shall ensure that the head of
each national intelligence center under subsection (a) has appropriate
authority, direction, and control of such center, and of the personnel
assigned to such center, to carry out the assigned mission of such center.

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NATIONAL SECURITY ACT OF 1947
(2) The Director of National Intelligence shall ensure that each national
intelligence center has appropriate personnel to accomplish effectively
the mission of such center.
(c) INFORMATION SHARING.—The Director of National Intelligence shall, to the
extent appropriate and practicable, ensure that each national intelligence center
under subsection (a) and the other elements of the intelligence community share
information in order to facilitate the mission of such center.
(d) MISSION OF CENTERS.—Pursuant to the direction of the Director of National
Intelligence, each national intelligence center under subsection (a) may, in the
area of intelligence responsibility assigned to such center—
(1) have primary responsibility for providing all-source analysis of
intelligence based upon intelligence gathered both domestically and
abroad;
(2) have primary responsibility for identifying and proposing to the
Director of National Intelligence intelligence collection and analysis and
production requirements; and
(3) perform such other duties as the Director of National Intelligence
shall specify.
(e) REVIEW AND MODIFICATION OF CENTERS.—The Director of National
Intelligence shall determine on a regular basis whether—
(1) the area of intelligence responsibility assigned to each national
intelligence center under subsection (a) continues to meet appropriate
intelligence priorities; and
(2) the staffing and management of such center remains appropriate for
the accomplishment of the mission of such center.
(f) TERMINATION.—The Director of National Intelligence may terminate any
national intelligence center under subsection (a).
(g) SEPARATE BUDGET ACCOUNT.—The Director of National Intelligence shall,
as appropriate, include in the National Intelligence Program budget a separate
line item for each national intelligence center under subsection (a).
TITLE II—THE DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
SEC. 201. [50 U.S.C. §408]
(d) Except to the extent inconsistent with the provisions of this Act, the
provisions of title IV of the Revised Statutes as now of hereafter amended shall
be applicable to the Department of Defense.

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NATIONAL SECURITY ACT OF 1947
DEFINITIONS OF MILITARY DEPARTMENTS
SEC. 205. [50 U.S.C. §409]
(a) The term “Department of the Army” as used in this Act shall be construed to
mean the Department of the Army at the seat of government and all field
headquarters, forces, reserve components, installations, activities, and functions
under the control or supervision of the Department of the Army.
(b) The term “Department of the Navy” as used in this Act shall be construed to
mean the Department of the Navy at the seat of government; the headquarters,
United States Marine Corps; the entire operating forces of the United States
Navy, including naval aviation, and of the United States Marine Corps, including
the reserve components of such forces; all field activities, headquarters, forces,
bases, installations, activities and functions under the control or supervision of
the Department of the Navy; and the United States Coast Guard when operating
as a part of the Navy pursuant to law.
(c) The term “Department of the Air Force” as used in this Act shall be construed
to mean the Department of the Air Force at the seat of government and all field
headquarters, forces, reserve components, installations, activities, and functions
under the control or supervision of the Department of the Air Force.
TITLE III—MISCELLANEOUS
NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION
SEC. 301. 50 U.S.C. §409a
(a) SHORT TITLE.—This section may be cited as the “National Security Agency
Voluntary Separation Act”.
(b) DEFINITIONS.—For purposes of this section—
(1) the term “Director” means the Director of the National Security
Agency; and
(2) the term “employee” means an employee of the National Security
Agency, serving under an appointment without time limitation, who has
been currently employed by the National Security Agency for a
continuous period of at least 12 months prior to the effective date of the
program established under subsection (c), except that such term does not
include—
(A) a reemployed annuitant under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, or another retirement
system for employees of the Government; or
(B) an employee having a disability on the basis of which such
employee is or would be eligible for disability retirement under
any of the retirement systems referred to in subparagraph (A).
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NATIONAL SECURITY ACT OF 1947
(c) ESTABLISHMENT OF PROGRAM.—Notwithstanding any other provision of
law, the Director, in his sole discretion, may establish a program under which
employees may, after October 1, 2000, be eligible for early retirement, offered
separation pay to separate from service voluntarily, or both.
(d) EARLY RETIREMENT.—An employee who—
(1) is at least 50 years of age and has completed 20 years of service; or
(2) has at least 25 years of service, may, pursuant to regulations
promulgated under this section, apply and be retired from the National
Security Agency and receive benefits in accordance with chapter 83 or
84 of title 5, United States Code, if the employee has not less than 10
years of service with the National Security Agency.
(e) AMOUNT OF SEPARATION PAY AND TREATMENT FOR OTHER PURPOSES.—
(1) AMOUNT.—Separation pay shall be paid in a lump sum and shall be
equal to the lesser of—
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title
5, United States Code, if the employee were entitled to payment
under such section; or
(B) $25,000.
(2) TREATMENT.—Separation pay shall not—
(A) be a basis for payment, and shall not be included in the
computation, of any other type of Government benefit; and
(B) be taken into account for the purpose of determining the
amount of any severance pay to which an individual may be
entitled under section 5595 of title 5, United States Code, based
on any other separation.
(f ) REEMPLOYMENT RESTRICTIONS.—An employee who receives separation
pay under such program may not be reemployed by the National Security Agency
for the 12-month period beginning on the effective date of the employee’s
separation. An employee who receives separation pay under this section on the
basis of a separation occurring on or after the date of the enactment of the
Federal Workforce Restructuring Act of 1994 (Public Law 103–236; 108 Stat.
111) and accepts employment with the Government of the United States within 5
years after the date of the separation on which payment of the separation pay is
based shall be required to repay the entire amount of the separation pay to the
National Security Agency. If the employment is with an Executive agency (as
defined by section 105 of title 5, United States Code), the Director of the Office
of Personnel Management may, at the request of the head of the agency, waive
the repayment if the individual involved possesses unique abilities and is the only
qualified applicant available for the position. If the employment is with an entity
in the legislative branch, the head of the entity or the appointing official may
waive the repayment if the individual involved possesses unique abilities and is
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the only qualified applicant available for the position. If the employment is with
the judicial branch, the Director of the Administrative Office of the United States
Courts may waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the position.
(g) BAR ON CERTAIN EMPLOYMENT.—
(1) BAR.—An employee may not be separated from service under this
section unless the employee agrees that the employee will not—
(A) act as agent or attorney for, or otherwise represent, any other
person (except the United States) in any
formal or informal appearance before, or, with the intent to
influence, make any oral or written communication on behalf of
any other person (except the United States) to the National
Security Agency; or
(B) participate in any manner in the award, modification, or
extension of any contract for property or services with the
National Security Agency, during the 12-month period beginning
on the effective date of the employee’s separation from service.
(2) PENALTY.—An employee who violates an agreement under this
subsection shall be liable to the United States in the amount of the
separation pay paid to the employee pursuant to this section multiplied
by the proportion of the 12-month period during which the employee was
in violation of the agreement.
(h) LIMITATIONS.—Under this program, early retirement and separation pay may
be offered only—
(1) with the prior approval of the Director;
(2) for the period specified by the Director; and
(3) to employees within such occupational groups or geographic
locations, or subject to such other similar limitations or conditions, as the
Director may require.
(i) REGULATIONS.—Before an employee may be eligible for early retirement,
separation pay, or both, under this section, the Director shall prescribe such
regulations as may be necessary to carry out this section.
(j) NOTIFICATION OF EXERCISE OF AUTHORITY.—The Director may not make an
offer of early retirement, separation pay, or both, pursuant to this section until 15
days after submitting to the congressional intelligence committees a report
describing the occupational groups or geographic locations, or other similar
limitations or conditions, required by the Director under subsection (h), and
includes the proposed regulations issued pursuant to subsection (i).
(k) REMITTANCE OF FUNDS.—In addition to any other payment that is required to
be made under subchapter III of chapter 83 or chapter 84 of title 5, United States
Code, the National Security Agency shall remit to the Office of Personnel
Management for deposit in the Treasury of the United States to the credit of the
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Civil Service Retirement and Disability Fund, an amount equal to 15 percent of
the final basic pay of each employee to whom a voluntary separation payment
has been or is to be paid under this section. The remittance required by this
subsection shall be in lieu of any remittance required by section 4(a) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. §8331 note).
AUTHORITY OF FEDERAL BUREAU OF INVESTIGATION
TO AWARD PERSONAL SERVICES CONTRACTS
SEC. 302. [50 U.S.C. §409b]
(a) IN GENERAL.—The Director of the Federal Bureau of Investigation may enter
into personal services contracts if the personal services to be provided under such
contracts directly support the intelligence or counterintelligence missions of the
Federal Bureau of Investigation.
(b) INAPPLICABILITY OF CERTAIN REQUIREMENTS.—Contracts under subsection
(a) shall not be subject to the annuity offset requirements of sections 8344 and
8468 of title 5, United States Code, the requirements of section 3109 of title 5,
United States Code, or any law or regulation requiring competitive contracting.
(c) CONTRACT TO BE APPROPRIATE MEANS OF SECURING SERVICES.—The Chief
Contracting Officer of the Federal Bureau of Investigation shall ensure that each
personal services contract entered into by the Director under this section is the
appropriate means of securing the services to be provided under such contract.
ADVISORY COMMITTEES AND PERSONNEL
SEC. 303. [50 U.S.C. §405]
(a) The Director of the Federal Emergency Management Agency, the Director of
National Intelligence, and the National Security Council, acting through its
Executive Secretary, are authorized to appoint such advisory committees and to
employ, consistent with other provisions of this Act, such part-time advisory
personnel as they may deem necessary in carrying out their respective functions
and the functions of agencies under their control. Persons holding other offices or
positions under the United States for which they receive compensation, while
serving as members of such committees, shall receive no additional
compensation for such service. Retired members of the uniformed services
employed by the Director of National Intelligence who hold no other office or
position under the United States for which they receive compensation, other
members of such committees and other part-time advisory personnel so
employed may serve without compensation or may receive compensation at a
daily rate not to exceed the daily equivalent of the rate of pay in effect for grade
GS–18 of the General Schedule established by section 5332 of title 5, United
States Code, as determined by the appointing authority.
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NATIONAL SECURITY ACT OF 1947
(b) Service of an individual as a member of any such advisory committee, or in
any other part-time capacity for a department or agency hereunder, shall not be
considered as service bringing such individual within the provisions of section
203, 205, or 207, of title 18, United States Code, unless the act of such
individual, which by such section is made unlawful when performed by an
individual referred to in such section, is with respect to any particular matter
which directly involves a department or agency which such person is advising or
in which such department or agency is directly interested.
AUTHORIZATION FOR APPROPRIATIONS
SEC. 307. [50 U.S.C. §411]
There are hereby authorized to be appropriated such sums as may be necessary
and appropriate to carry out the provisions and purposes of this Act (other than
the provisions and purposes of sections 102, 103, 104, 105 and titles V, VI, and
VII).
DEFINITIONS
SEC. 308. [50 U.S.C. §410]
(a) As used in this Act, the term “function” includes functions, powers, and
duties.
(b) As used in this Act, the term, “Department of Defense” shall be deemed to
include the military departments of the Army, the Navy, and the Air Force, and
all agencies created under title II of this Act.
SEPARABILITY
SEC. 309. [50 U.S.C. §401 note]
If any provision of this Act or the application thereof to any person or
circumstances is held invalid, the validity of the remainder of the Act and of the
application of such provision to other persons and circumstances shall not be
affected thereby.
EFFECTIVE DATE
SEC. 310. [50 U.S.C. §401 note]
(a) The first sentence of section 202 (a) and sections 1, 2, 307, 308, 309, and 310
shall take effect immediately upon the enactment of this Act.
(b) Except as provided in subsection (a), the provisions of this Act shall take
effect on whichever of the following days is the earlier: The day after the day
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upon which the Secretary of Defense first appointed takes office, or the sixtieth
day after the date of the enactment of this Act.
REPEALING AND SAVING PROVISIONS
SEC. 411. [50 U.S.C. §412]
All laws, orders, and regulations inconsistent with the provisions of this title are
repealed insofar as they are inconsistent with the powers, duties, and
responsibilities enacted hereby: Provided, That the powers, duties, and
responsibilities of the Secretary of Defense under this title shall be administered
in conformance with the policy and requirements for administration of budgetary
and fiscal matters in the Government generally, including accounting and
financial reporting, and that nothing in this title shall be construed as eliminating
or modifying the powers, duties, and responsibilities of any other department,
agency, or officer of the Government in connection with such matters, but no
such department, agency, or officer shall exercise any such powers, duties, or
responsibilities in a manner that will render ineffective the provisions of this title.
TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
GENERAL CONGRESSIONAL OVERSIGHT PROVISIONS
SEC. 501. [50 U.S.C. §413]
(a)(1)The President shall ensure that the congressional intelligence committees
are kept fully and currently informed of the intelligence activities of the United
States, including any significant anticipated intelligence activity as required by
this title.
(2) Nothing in this title shall be construed as requiring the approval of
the congressional intelligence committees as a condition precedent to the
initiation of any significant anticipated intelligence activity.
(b) The President shall ensure that any illegal intelligence activity is reported
promptly to the congressional intelligence committees, as well as any corrective
action that has been taken or is planned in connection with such illegal activity.
(c) The President and the congressional intelligence committees shall each
establish such procedures as may be necessary to carry out the provisions of this
title.
(d) The House of Representatives and the Senate shall each establish, by rule or
resolution of such House, procedures to protect from unauthorized disclosure all
classified information, and all information relating to intelligence sources and
methods, that is furnished to the congressional intelligence committees or to
Members of Congress under this title. Such procedures shall be established in
consultation with the Director of National Intelligence. In accordance with such
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procedures, each of the congressional intelligence committees shall promptly call
to the attention of its respective House, or to any appropriate committee or
committees of its respective House, any matter relating to intelligence activities
requiring the attention of such House or such committee or committees.
(e) Nothing in this Act shall be construed as authority to withhold information
from the congressional intelligence committees on the grounds that providing the
information to the congressional intelligence committees would constitute the
unauthorized disclosure of classified information or information relating to
intelligence sources and methods.
(f) As used in this section, the term “intelligence activities” includes covert
actions as defined in section 503(e), and includes financial intelligence activities.
REPORTING ON INTELLIGENCE ACTIVITIES OTHER THAN COVERT ACTIONS
SEC. 502. [50 U.S.C. §413a]
(a) IN GENERAL.—To the extent consistent with due regard for the protection
from unauthorized disclosure of classified information relating to sensitive
intelligence sources and methods or other exceptionally sensitive matters, the
Director of National Intelligence and the heads of all departments, agencies, and
other entities of the United States Government involved in intelligence activities
shall—
(1) keep the congressional intelligence committees fully and currently
informed of all intelligence activities, other than a covert action (as
defined in section 503(e)), which are the responsibility of, are engaged in
by, or are carried out for or on behalf of, any department, agency, or
entity of the United States Government, including any significant
anticipated intelligence activity and any significant intelligence failure;
and
(2) furnish the congressional intelligence committees any information or
material concerning intelligence activities, other than covert actions,
which is within their custody or control, and which is requested by either
of the congressional intelligence committees in order to carry out its
authorized responsibilities.
(b) FORM AND CONTENTS OF CERTAIN REPORTS.—Any report relating to a
significant anticipated intelligence activity or a significant intelligence failure
that is submitted to the congressional intelligence committees for purposes of
subsection (a)(1) shall be in writing, and shall contain the following:
(1) A concise statement of any facts pertinent to such report.
(2) An explanation of the significance of the intelligence activity or
intelligence failure covered by such report.
(c) STANDARDS AND PROCEDURES FOR CERTAIN REPORTS.—The Director of
National Intelligence, in consultation with the heads of the departments,
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NATIONAL SECURITY ACT OF 1947
agencies, and entities referred to in subsection (a), shall establish standards and
procedures applicable to reports covered by subsection (b).
PRESIDENTIAL APPROVAL AND REPORTING OF COVERT ACTIONS
SEC. 503. [50 U.S.C. §413b]
(a) The President may not authorize the conduct of a covert action by
departments, agencies, or entities of the United States Government unless the
President determines such an action is necessary to support identifiable foreign
policy objectives of the United States and is important to the national security of
the United States, which determination shall be set forth in a finding that shall
meet each of the following conditions:
(1) Each finding shall be in writing, unless immediate action by the
United States is required and time does not permit the preparation of a
written finding, in which case a written record of the President’s decision
shall be contemporaneously made and shall be reduced to a written
finding as soon as possible but in no event more than 48 hours after the
decision is made.
(2) Except as permitted by paragraph (1), a finding may not authorize or
sanction a covert action, or any aspect of any such action, which already
has occurred.
(3) Each finding shall specify each department, agency, or entity of the
United States Government authorized to fund or otherwise participate in
any significant way in such action. Any employee, contractor, or contract
agent of a department, agency, or entity of the United States Government
other than the Central Intelligence Agency directed to participate in any
way in a covert action shall be subject either to the policies and
regulations of the Central Intelligence Agency, or to written policies or
regulations adopted by such department, agency, or entity, to govern
such participation.
(4) Each finding shall specify whether it is contemplated that any third
party which is not an element of, or a contractor or contract agent of, the
United States Government, or is not otherwise subject to United States
Government policies and regulations, will be used to fund or otherwise
participate in any significant way in the covert action concerned, or be
used to undertake the covert action concerned on behalf of the United
States.
(5) A finding may not authorize any action that would violate the
Constitution or any statute of the United States.
(b) To the extent consistent with due regard for the protection from unauthorized
disclosure of classified information relating to sensitive intelligence sources and
methods or other exceptionally sensitive matters, the Director of National
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NATIONAL SECURITY ACT OF 1947
Intelligence and the heads of all departments, agencies, and entities of the United
States Government involved in a covert action—
(1) shall keep the congressional intelligence committees fully and
currently informed of all covert actions which are the responsibility of,
are engaged in by, or are carried out for or on behalf of, any department,
agency, or entity of the United States Government, including significant
failures; and
(2) shall furnish to the congressional intelligence committees any
information or material concerning covert actions which is in the
possession, custody, or control of any department, agency, or entity of
the United States Government and which is requested by either of the
congressional intelligence committees in order to carry out its authorized
responsibilities.
(c)(1) The President shall ensure that any finding approved pursuant to
subsection (a) shall be reported to the congressional intelligence committees as
soon as possible after such approval and before the initiation of the covert action
authorized by the finding, except as otherwise provided in paragraph (2) and
paragraph (3).
(2) If the President determines that it is essential to limit access to the
finding to meet extraordinary circumstances affecting vital interests of
the United States, the finding may be reported to the chairmen and
ranking minority members of the congressional intelligence committees,
the Speaker and minority leader of the House of Representatives, the
majority and minority leaders of the Senate, and such other member or
members of the congressional leadership as may be included by the
President.
(3) Whenever a finding is not reported pursuant to paragraph (1) or (2) of
this section, the President shall fully inform the congressional
intelligence committees in a timely fashion and shall provide a statement
of the reasons for not giving prior notice.
(4) In a case under paragraph (1), (2), or (3), a copy of the finding,
signed by the President, shall be provided to the chairman of each
congressional intelligence committee. When access to a finding is limited
to the Members of Congress specified in paragraph (2), a statement of
the reasons for limiting such access shall also be provided.
(d) The President shall ensure that the congressional intelligence committees, or,
if applicable, the Members of Congress specified in subsection (c)(2), are
notified of any significant change in a previously approved covert action, or any
significant undertaking pursuant to a previously approved finding, in the same
manner as findings are reported pursuant to subsection (c).
(e) As used in this title, the term “covert action” means an activity or activities of
the United States Government to influence political, economic, or military
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conditions abroad, where it is intended that the role of the United States
Government will not be apparent or acknowledged publicly, but does not
include—
(1) activities the primary purpose of which is to acquire intelligence,
traditional counterintelligence activities, traditional activities to improve
or maintain the operational security of United States Government
programs, or administrative activities;
(2) traditional diplomatic or military activities or routine support to such
activities;
(3) traditional law enforcement activities conducted by United States
Government law enforcement agencies or routine support to such
activities; or
(4) activities to provide routine support to the overt activities (other than
activities described in paragraph (1), (2), or (3)) of other United States
Government agencies abroad.
(f) No covert action may be conducted which is intended to influence
United States political processes, public opinion, policies, or media.
FUNDING OF INTELLIGENCE ACTIVITIES
SEC. 504. [50 U.S.C. §414]
(a) Appropriated funds available to an intelligence agency may be obligated or
expended for an intelligence or intelligence-related activity only if—
(1) those funds were specifically authorized by the Congress for use for
such activities; or
(2) in the case of funds from the Reserve for Contingencies of the
Central Intelligence Agency and consistent with the provisions of section
503 of this Act concerning any significant anticipated intelligence
activity, the Director of the Central Intelligence Agency has notified the
appropriate congressional committees of the intent to make such funds
available for such activity; or
(3) in the case of funds specifically authorized by the Congress for a
different activity—
(A) the activity to be funded is a higher priority intelligence or
intelligence-related activity;
(B) the need for funds for such activity is based on unforeseen
requirements; and
(C) the Director of National Intelligence, the Secretary of
Defense, or the Attorney General, as appropriate, has notified the
appropriate congressional committees of the intent to make such
funds available for such activity;
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(4) nothing in this subsection prohibits obligation or expenditure of funds
available to an intelligence agency in accordance with sections 1535 and
1536 of title 31, United States Code.
(b) Funds available to an intelligence agency may not be made available for any
intelligence or intelligence-related activity for which funds were denied by the
Congress.
(c) No funds appropriated for, or otherwise available to, any department, agency,
or entity of the United States Government may be expended, or may be directed
to be expended, for any covert action, as defined in section 503(e), unless and
until a Presidential finding required by subsection (a) of section 503 has been
signed or otherwise issued in accordance with that subsection.
(d)(1) Except as otherwise specifically provided by law, funds available to an
intelligence agency that are not appropriated funds may be obligated or expended
for an intelligence or intelligence-related activity only if those funds are used for
activities reported to the appropriate congressional committees pursuant to
procedures which identify—
(A) the types of activities for which nonappropriated funds may
be expended; and
(B) the circumstances under which an activity must be reported
as a significant anticipated intelligence activity before such funds
can be expended.
(2) Procedures for purposes of paragraph (1) shall be jointly agreed upon
by the congressional intelligence committees and, as appropriate, the
Director of National Intelligence or the Secretary of Defense.
(e) As used in this section—
(1) the term “intelligence agency” means any department, agency, or
other entity of the United States involved in intelligence or intelligencerelated activities;
(2) the term “appropriate congressional committees” means the
Permanent Select Committee on Intelligence and the Committee on
Appropriations of the House of Representatives and the Select
Committee on Intelligence and the Committee on Appropriations of the
Senate; and
(3) the term “specifically authorized by the Congress” means that—
(A) the activity and the amount of funds proposed to be used for
that activity were identified in a formal budget request to the
Congress, but funds shall be deemed to be specifically
authorized for that activity only to the extent that the Congress
both authorized the funds to be appropriated for that activity and
appropriated the funds for that activity; or

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(B) although the funds were not formally requested, the
Congress both specifically authorized the appropriation of the
funds for the activity and appropriated the funds for the activity.
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF
DEFENSE ARTICLES AND DEFENSE SERVICES
SEC. 505. [50 U.S.C. §415]
(a)(1) The transfer of a defense article or defense service, or the anticipated
transfer in any fiscal year of any aggregation of defense articles or defense
services, exceeding $1,000,000 in value by an intelligence agency to a recipient
outside that agency shall be considered a significant anticipated intelligence
activity for the purpose of this title.
(2) Paragraph (1) does not apply if—
(A) the transfer is being made to a department, agency, or other
entity of the United States (so long as there will not be a
subsequent retransfer of the defense articles or defense services
outside the United States Government in conjunction with an
intelligence or intelligence-related activity); or
(B) the transfer—
(i) is being made pursuant to authorities contained in
part II of the Foreign Assistance Act of 1961, the Arms
Export Control Act, title 10 of the United States Code
(including a law enacted pursuant to section 7307(a) of
that title), or the Federal Property and Administrative
Services Act of 1949, and
(ii) is not being made in conjunction with an intelligence
or intelligence-related activity.
(3) An intelligence agency may not transfer any defense articles or
defense services outside the agency in conjunction with any intelligence
or intelligence-related activity for which funds were denied by the
Congress.
(b) As used in this section—
(1) the term “intelligence agency” means any department, agency, or
other entity of the United States involved in intelligence or intelligencerelated activities;
(2) the terms “defense articles” and “defense services” mean the items on
the United States Munitions List pursuant to section 38 of the Arms
Export Control Act (22 CFR part 121);
(3) the term “transfer” means—
(A) in the case of defense articles, the transfer of possession of
those articles; and
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NATIONAL SECURITY ACT OF 1947
(B) in the case of defense services, the provision of those
services; and
(4) the term “value” means—
(A) in the case of defense articles, the greater of—
(i) the original acquisition cost to the United States
Government, plus the cost of improvements or other
modifications made by or on behalf of the Government;
or
(ii) the replacement cost; and
(B) in the case of defense services, the full cost to the
Government of providing the services.
SPECIFICITY OF NATIONAL INTELLIGENCE PROGRAM BUDGET
AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERATION,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE
SEC. 506. [50 U.S.C. §415a]
(a) IN GENERAL.—The budget justification materials submitted to Congress in
support of the budget of the President for a fiscal year that is submitted to
Congress under section 1105(a) of title 31, United States Code, shall set forth
separately the aggregate amount requested for that fiscal year for the National
Intelligence Program for each of the following:
(1) Counterterrorism.
(2) Counterproliferation.
(3) Counternarcotics.
(4) Counterintelligence.
(b) ELECTION OF CLASSIFIED OR UNCLASSIFIED FORM.—
Amounts set forth under subsection (a) may be set forth in unclassified form or
classified form, at the election of the Director of National Intelligence.
BUDGET TREATMENT OF COSTS OF ACQUISITION OF
MAJOR SYSTEMS BY THE INTELLIGENCE COMMUNITY
SEC. 506A. [50 U.S.C. §415a-1]
(a) INDEPENDENT COST ESTIMATES.—
(1) The Director of National Intelligence shall, in consultation with the
head of each element of the intelligence community concerned, prepare
an independent cost estimate of the full life-cycle cost of development,
procurement, and operation of each major system to be acquired by the
intelligence community.
(2) Each independent cost estimate for a major system shall, to the
maximum extent practicable, specify the amount required to be
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NATIONAL SECURITY ACT OF 1947
appropriated and obligated to develop, procure, and operate the major
system in each fiscal year of the proposed period of development,
procurement, and operation of the major system.
(3)(A) In the case of a program of the intelligence community that
qualifies as a major system, an independent cost estimate shall be
prepared before the submission to Congress of the budget of the
President for the first fiscal year in which appropriated funds are
anticipated to be obligated for the development or procurement of such
major system.
(B) In the case of a program of the intelligence community for
which an independent cost estimate was not previously required
to be prepared under this section, including a program for which
development or procurement commenced before the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2004, if the aggregate future costs of development or
procurement (or any combination of such activities) of the
program will exceed $500,000,000 (in current fiscal year
dollars), the program shall qualify as a major system for
purposes of this section, and an independent cost estimate for
such major system shall be prepared before the submission to
Congress of the budget of the President for the first fiscal year
thereafter in which appropriated funds are anticipated to be
obligated for such major system.
(4) The independent cost estimate for a major system shall be updated
upon—
(A) the completion of any preliminary design review associated
with the major system;
(B) any significant modification to the anticipated design of the
major system; or
(C) any change in circumstances that renders the current
independent cost estimate for the major system inaccurate.
(5) Any update of an independent cost estimate for a major system under
paragraph (4) shall meet all requirements for independent cost estimates
under this section, and shall be treated as the most current independent
cost estimate for the major system until further updated under that
paragraph.
(b) PREPARATION OF INDEPENDENT COST ESTIMATES.—
(1) The Director shall establish within the Office of the Director of
National Intelligence an office which shall be responsible for preparing
independent cost estimates, and any updates thereof, under subsection
(a), unless a designation is made under paragraph (2).
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NATIONAL SECURITY ACT OF 1947
(2) In the case of the acquisition of a major system for an element of the
intelligence community within the Department of Defense, the Director
and the Secretary of Defense shall provide that the independent cost
estimate, and any updates thereof, under subsection (a) be prepared by an
entity jointly designated by the Director and the Secretary in accordance
with section 2434(b)(1)(A) of title 10, United States Code.
(c) UTILIZATION IN BUDGETS OF PRESIDENT.—
(1) If the budget of the President requests appropriations for any fiscal
year for the development or procurement of a major system by the
intelligence community, the President shall, subject to paragraph (2),
request in such budget an amount of appropriations for the development
or procurement, as the case may be, of the major system that is
equivalent to the amount of appropriations identified in the most current
independent cost estimate for the major system for obligation for each
fiscal year for which appropriations are requested for the major system in
such budget.
(2) If the amount of appropriations requested in the budget of the
President for the development or procurement of a major system is less
than the amount of appropriations identified in the most current
independent cost estimate for the major system for obligation for each
fiscal year for which appropriations are requested for the major system in
such budget, the President shall include in the budget justification
materials submitted to Congress in support of such budget—
(A) an explanation for the difference between the amount of
appropriations requested and the amount of appropriations
identified in the most current independent cost estimate;
(B) a description of the importance of the major system to the
national security;
(C) an assessment of the consequences for the funding of all
programs of the National Foreign Intelligence Program in future
fiscal years if the most current independent cost estimate for the
major system is accurate and additional appropriations are
required in future fiscal years to ensure the continued
development or procurement of the major system, including the
consequences of such funding shortfalls on the major system and
all other programs of the National Foreign Intelligence Program;
and
(D) such other information on the funding of the major system as
the President considers appropriate.
(d) INCLUSION OF ESTIMATES IN BUDGET JUSTIFICATION MATERIALS.—The
budget justification materials submitted to Congress in support of the budget of
the President shall include the most current independent cost estimate under this
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NATIONAL SECURITY ACT OF 1947
section for each major system for which appropriations are requested in such
budget for any fiscal year.
(e) DEFINITIONS.—In this section:
(1) The term “budget of the President” means the budget of the President
for a fiscal year as submitted to Congress under section 1105(a) of title
31, United States Code.
(2) The term “independent cost estimate” means a pragmatic and neutral
analysis, assessment, and quantification of all costs and risks associated
with the acquisition of a major system, which shall be based on
programmatic and technical specifications provided by the office within
the element of the intelligence community with primary responsibility
for the development, procurement, or operation of the major system.
(3) The term “major system” means any significant program of an
element of the intelligence community with projected total development
and procurement costs exceeding $500,000,000 (in current fiscal year
dollars), which costs shall include all end-to-end program costs,
including costs associated with the development and procurement of the
program and any other costs associated with the development and
procurement of systems required to support or utilize the program.
DATE OF SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS
TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES
SEC. 507. [50 U.S.C. §415b]
(a) ANNUAL REPORTS.—
(1) The date for the submittal to the congressional intelligence
committees of the following annual reports shall be the date each year
provided in subsection (c)(1)(A):
(A) The annual report on intelligence required by section 109.
(B) The annual report on intelligence provided to the United
Nations required by section 112(b)(1).
(C) The annual report on the protection of the identities of covert
agents required by section 603.
(D) The annual report of the Inspectors Generals of the
intelligence community on proposed resources and activities of
their offices required by section 8H(g) of the Inspector General
Act of 1978.
(E) The annual report on the acquisition of technology relating to
weapons of mass destruction and advanced conventional
munitions required by section 721 of the Intelligence
Authorization Act for Fiscal Year 1997 (Public Law 104-293; 50
U.S.C. §2366).
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NATIONAL SECURITY ACT OF 1947
(F) The annual report on commercial activities as security for
intelligence collection required by section 437(c) of title 10,
United States Code.
(G) The annual update on foreign industrial espionage required
by section 809(b) of the Counterintelligence and Security
Enhancements Act of 1994 (title VIII of Public Law 103–359; 50
U.S.C. App. §2170b(b)).
(H) The annual report on certifications for immunity in
interdiction of aircraft engaged in illicit drug trafficking required
by section 1012(c)(2) of the National Defense Authorization Act
for Fiscal Year 1995 (22 U.S.C. §2291–4(c)(2)).
(I) The annual report on activities under the David L. Boren
National Security Education Act of 1991 (title VIII of Public
Law 102–183; 50 U.S.C. §1901 et seq.) required by section
806(a) of that Act (50 U.S.C. §1906(a)).
(J) The annual report on hiring and retention of minority
employees in the intelligence community required by section
114(c).
(2) The date for the submittal to the congressional intelligence
committees of the following annual reports shall be the date each year
provided in subsection (c)(1)(B):
(A) The annual report on the safety and security of Russian
nuclear facilities and nuclear military forces required by section
114(a).
(B) The annual report on the threat of attack on the United States
from weapons of mass destruction required by section 114(c).
(C) The annual report on improvements of the financial
statements of the intelligence community for auditing purposes
required by section 114A.
(D) The annual report on counterdrug intelligence matters
required by section 826 of the Intelligence Authorization Act for
Fiscal Year 2003.
(b) SEMIANNUAL REPORTS.—The dates for the submittal to the congressional
intelligence committees of the following semiannual reports shall be the dates
each year provided in subsection (c)(2):
(1) The semiannual reports on the Office of the Inspector General of the
Central Intelligence Agency required by section 17(d)(1) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. §403q(d)(1)).
(2) The semiannual reports on decisions not to prosecute certain
violations of law under the Classified Information Procedures Act (18
U.S.C. App.) as required by section 13 of that Act.
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NATIONAL SECURITY ACT OF 1947
(3) The semiannual reports on the activities of the Diplomatic
Telecommunications Service Program Office (DTS–PO) required by
section 322(a)(6)(D)(ii) of the Intelligence Authorization Act for Fiscal
Year 2001 (22 U.S.C. §7302(a)(6)(D)(ii)).
(4) The semiannual reports on the disclosure of information and
consumer reports to the Federal Bureau of Investigation for
counterintelligence purposes required by section 624(h)(2) of the Fair
Credit Reporting Act (15 U.S.C. §1681u(h)(2)).
(5) The semiannual provision of information on requests for financial
information for foreign counterintelligence purposes required by section
1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C.
§3414(a)(5)(C)).
(6) The semiannual report on financial intelligence on terrorist assets
required by section 118.
(c) SUBMITTAL DATES FOR REPORTS.—
(1)(A) Except as provided in subsection (d), each annual report listed in
subsection (a)(1) shall be submitted not later than February 1.
(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than
December 1.
(2) Except as provided in subsection (d), each semiannual report listed in
subsection (b) shall be submitted not later than February 1 and August 1.
(d) POSTPONEMENT OF SUBMITTAL.—
(1) Subject to paragraph (3), the date for the submittal of—
(A) an annual report listed in subsection (a)(1) may be postponed
until March 1;
(B) an annual report listed in subsection (a)(2) may be postponed
until January 1; and
(C) a semiannual report listed in subsection (b) may be
postponed until March 1 or September 1, as the case may be, if
the official required to submit such report submits to the
congressional intelligence committees a written notification of
such postponement.
(2)(A) Notwithstanding any other provision of law and subject to
paragraph (3), the date for the submittal to the congressional intelligence
committees of any report described in subparagraph (B) may be
postponed by not more than 30 days from the date otherwise specified in
the provision of law for the submittal of such report if the official
required to submit such report submits to the congressional intelligence
committees a written notification of such postponement.
(B) A report described in this subparagraph is any report on
intelligence or intelligence-related activities of the United States
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NATIONAL SECURITY ACT OF 1947
Government that is submitted under a provision of law requiring
the submittal of only a single report.
(3)(A) The date for the submittal of a report whose submittal is
postponed under paragraph (1) or (2) may be postponed beyond the time
provided for the submittal of such report under such paragraph if the
official required to submit such report submits to the congressional
intelligence committees a written certification that preparation and
submittal of such report at such time will impede the work of officers or
employees of the intelligence community in a manner that will be
detrimental to the national security of the United States.
(B) A certification with respect to a report under subparagraph
(A) shall include a proposed submittal date for such report, and
such report shall be submitted not later than that date.
TITLE VI—PROTECTION OF CERTAIN
NATIONAL SECURITY INFORMATION
PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES
SEC. 601. [50 U.S.C. §421]
(a) Whoever, having or having had authorized access to classified information
that identifies a covert agent, intentionally discloses any information identifying
such covert agent to any individual not authorized to receive classified
information, knowing that the information disclosed so identifies such covert
agent and that the United States is taking affirmative measures to conceal such
covert agent’s intelligence relationship to the United States, shall be fined under
title 18, United States Code, or imprisoned not more than ten years, or both.
(b) Whoever, as a result of having authorized access to classified information,
learns the identity of a covert agent and intentionally discloses any information
identifying such covert agent to any individual not authorized to receive
classified information, knowing that the information disclosed so identifies such
covert agent and that the United States is taking affirmative measures to conceal
such covert agent’s intelligence relationship to the United States, shall be fined
under title 18, United States Code, or imprisoned not more than five years, or
both.
(c) Whoever, in the course of a pattern of activities intended to identify and
expose covert agents and with reason to believe that such activities would impair
or impede the foreign intelligence activities of the United States, discloses any
information that identifies an individual as a covert agent to any individual not
authorized to receive classified information, knowing that the information
disclosed so identifies such individual and that the United States is taking
75

NATIONAL SECURITY ACT OF 1947
affirmative measures to conceal such individual’s classified intelligence
relationship to the United States, shall be fined under title 18, United States
Code, or imprisoned not more than three years, or both.
(d) A term of imprisonment imposed under this section shall be consecutive to
any other sentence of imprisonment.
DEFENSES AND EXCEPTIONS
SEC. 602. [50 U.S.C. §422]
(a) It is a defense to a prosecution under section 601 that before the commission
of the offense with which the defendant is charged, the United States had
publicly acknowledged or revealed the intelligence relationship to the United
States of the individual the disclosure of whose intelligence relationship to the
United States is the basis for the prosecution.
(b)(1) Subject to paragraph (2), no person other than a person committing an
offense under section 601 shall be subject to prosecution under such section by
virtue of section 2 or 4 of title 18, United States Code, or shall be subject to
prosecution for conspiracy to commit an offense under such section.
(2) Paragraph (1) shall not apply (A) in the case of a person who acted in
the course of a pattern of activities intended to identify and expose covert
agents and with reason to believe that such activities would impair or
impede the foreign intelligence activities of the United States, or (B) in
the case of a person who has authorized access to classified information.
(c) It shall not be an offense under section 601 to transmit information described
in such section directly to either congressional intelligence committee.
(d) It shall not be an offense under section 601 for an individual to disclose
information that solely identifies himself as a covert agent.
REPORT
SEC. 603. [50 U.S.C. §423]
(a) The President, after receiving information from the Director of National
Intelligence, shall submit to the congressional intelligence committees an annual
report on measures to protect the identities of covert agents, and on any other
matter relevant to the protection of the identities of covert agents. The date for
the submittal of the report shall be the date provided in section 507.
(b) The report described in subsection (a) shall be exempt from any requirement
for publication or disclosure.

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NATIONAL SECURITY ACT OF 1947
EXTRATERRITORIAL JURISDICTION
SEC. 604. [50 U.S.C. §424]
There is jurisdiction over an offense under section 601 committed outside the
United States if the individual committing the offense is a citizen of the United
States or an alien lawfully admitted to the United States for permanent residence
(as defined in section 101(a)(20) of the Immigration and Nationality Act).
PROVIDING INFORMATION TO CONGRESS
SEC. 605. [50 U.S.C. §425]
Nothing in this title may be construed as authority to withhold information from
the Congress or from a committee of either House of Congress.
DEFINITIONS
SEC. 606. [50 U.S.C. §426]
For the purposes of this title:
(1) The term “classified information” means information or material
designated and clearly marked or clearly represented, pursuant to the
provisions of a statute or Executive order (or a regulation or order issued
pursuant to a statute or Executive order), as requiring a specific degree of
protection against unauthorized disclosure for reasons of national
security.
(2) The term “authorized”, when used with respect to access to classified
information, means having authority, right, or permission pursuant to the
provisions of a statute, Executive order, directive of the head of any
department or agency engaged in foreign intelligence or
counterintelligence activities, order of any United States court, or
provisions of any Rule of the House of Representatives or resolution of
the Senate which assigns responsibility within the respective House of
Congress for the oversight of intelligence activities.
(3) The term “disclose” means to communicate, provide, impart,
transmit, transfer, convey, publish, or otherwise make available.
(4) The term “covert agent” means—
(A) a present or retired officer or employee of an intelligence
agency or a present or retired member of the Armed Forces
assigned to duty with an intelligence agency—
(i) whose identity as such an officer, employee, or
member is classified information, and

77

NATIONAL SECURITY ACT OF 1947
(ii) who is serving outside the United States or has
within the last five years served outside the United
States; or
(B) a United States citizen whose intelligence relationship to the
United States is classified information, and—
(i) who resides and acts outside the United States as an
agent of, or informant or source of operational
assistance to, an intelligence agency, or
(ii) who is at the time of the disclosure acting as an agent
of, or informant to, the foreign counterintelligence or
foreign counterterrorism components of the Federal
Bureau of Investigation; or
(C) an individual, other than a United States citizen, whose past
or present intelligence relationship to the United States is
classified information and who is a present or former agent of, or
a present or former informant or source of operational assistance
to, an intelligence agency.
(5) The term “intelligence agency” means the Central Intelligence
Agency, a foreign intelligence component of the Department of Defense,
or the foreign counterintelligence or foreign counterterrorism
components of the Federal Bureau of Investigation.
(6) The term “informant” means any individual who furnishes
information to an intelligence agency in the course of a confidential
relationship protecting the identity of such individual from public
disclosure.
(7) The terms “officer” and “employee” have the meanings given such
terms by section 2104 and 2105, respectively, of title 5, United States
Code.
(8) The term “Armed Forces” means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.
(9) The term “United States”, when used in a geographic sense, means all
areas under the territorial sovereignty of the United States and the Trust
Territory of the Pacific Islands.
(10) The term “pattern of activities” requires a series of acts with a
common purpose or objective.

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TITLE VII—PROTECTION OF OPERATIONAL FILES
OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY
SEC. 701. [50 U.S.C. §431]
(a) The Director of the Central Intelligence Agency, with the coordination of the
Director of National Intelligence, may exempt operational files of the Central
Intelligence Agency from the provisions of section 552 of title 5, United States
Code (Freedom of Information Act), which require publication or disclosure, or
search or review in connection therewith.
(b) In this section, the term “operational files” means—
(1) files of the Directorate of Operations which document the conduct of
foreign intelligence or counterintelligence operations or intelligence or
security liaison arrangements or information exchanges with foreign
governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document
the means by which foreign intelligence or counterintelligence is
collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document
investigations conducted to determine the suitability of potential foreign
intelligence or counterintelligence sources; except that files which are the
sole repository of disseminated intelligence are not operational files.
(c) Notwithstanding subsection (a) of this section, exempted operational files
shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent
residence who have requested information on themselves pursuant to the
provisions of section 552 of title 5, United States Code (Freedom of
Information Act), or section 552a of title 5, United States Code (Privacy
Act of 1974);
(2) any special activity the existence of which is not exempt from
disclosure under the provisions of section 552 of title 5, United States
Code (Freedom of Information Act); or
(3) the specific subject matter of an investigation by the congressional
intelligence committees, the Intelligence Oversight Board, the
Department of Justice, the Office of General Counsel of the Central
Intelligence Agency, the Office of Inspector General of the Central
Intelligence Agency, or the Office of the Director of National
Intelligence for any impropriety, or violation of law, Executive order, or
Presidential directive, in the conduct of an intelligence activity.
(d)(1) Files that are not exempted under subsection (a) of this section which
contain information derived or disseminated from exempted operational files
shall be subject to search and review.
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NATIONAL SECURITY ACT OF 1947
(2) The inclusion of information from exempted operational files in files
that are not exempted under subsection (a) of this section shall not affect
the exemption under subsection (a) of this section of the originating
operational files from search, review, publication, or disclosure.
(3) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
subsection (a) of this section and which have been returned to exempted
operational files for sole retention shall be subject to search and review.
(e) The provisions of subsection (a) of this section shall not be superseded except
by a provision of law which is enacted after the date of enactment of subsection
(a), and which specifically cites and repeals or modifies its provisions.
(f) Whenever any person who has requested agency records under section 552 of
title 5, United States Code (Freedom of Information Act), alleges that the Central
Intelligence Agency has improperly withheld records because of failure to
comply with any provision of this section, judicial review shall be available
under the terms set forth in section 552(a)(4)(B) of title 5, United States Code,
except that—
(1) in any case in which information specifically authorized under
criteria established by an Executive order to be kept secret in the interest
of national defense or foreign relations which is filed with, or produced
for, the court by the Central Intelligence Agency, such information shall
be examined ex parte, in camera by the court;
(2) the court shall, to the fullest extent practicable, determine issues of
fact based on sworn written submissions of the parties;
(3) when a complainant alleges that requested records are improperly
withheld because of improper placement solely in exempted operational
files, the complainant shall support such allegation with a sworn written
submission, based upon personal knowledge or otherwise admissible
evidence;
(4)(A) when a complainant alleges that requested records were
improperly withheld because of improper exemption of operational files,
the Central Intelligence Agency shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating to the court
by sworn written submission that exempted operational files likely to
contain responsive records currently perform the functions set forth in
subsection (b) of this section; and
(B) the court may not order the Central Intelligence Agency to
review the content of any exempted operational file or files in
order to make the demonstration required under subparagraph
(A) of this paragraph, unless the complainant disputes the
Central Intelligence Agency’s showing with a sworn written
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NATIONAL SECURITY ACT OF 1947
submission based on personal knowledge or otherwise
admissible evidence;
(5) in proceedings under paragraphs (3) and (4) of this subsection, the
parties shall not obtain discovery pursuant to rules 26 through 36 of the
Federal Rules of Civil Procedure, except that requests for admission may
be made pursuant to rules 26 and 36;
(6) if the court finds under this subsection that the Central Intelligence
Agency has improperly withheld requested records because of failure to
comply with any provision of this section, the court shall order the
Central Intelligence Agency to search and review the appropriate
exempted operational file or files for the requested records and make
such records, or portions thereof, available in accordance with the
provisions of section 552 of title 5, United States Code (Freedom of
Information Act), and such order shall be the exclusive remedy for
failure to comply with this section; and
(7) if at any time following the filing of a complaint pursuant to this
subsection the Central Intelligence Agency agrees to search the
appropriate exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such complaint.
(g)DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES—
(1) Not less than once every ten years, the Director of the Central
Intelligence Agency and the Director of National Intelligence shall
review the exemptions in force under subsection (a) to determine
whether such exemptions may be removed from any category of
exempted files or any portion thereof.
(2) The review required by paragraph (1) shall include consideration of
the historical value or other public interest in the subject matter of the
particular category of files or portions thereof and the potential for
declassifying a significant part of the information contained therein.
(3) A complainant who alleges that the Central Intelligence Agency has
improperly withheld records because of failure to comply with this
subsection may seek judicial review in the district court of the United
States of the district in which any of the parties reside, or in the District
of Columbia. In such a proceeding, the court’s review shall be limited to
determining the following:
(A) Whether the Central Intelligence Agency has conducted the
review required by paragraph (1) before October 15, 1994, or
before the expiration of the 10-year period beginning on the date
of the most recent review.
(B) Whether the Central Intelligence Agency, in fact, considered
the criteria set forth in paragraph (2) in conducting the required
review.
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NATIONAL SECURITY ACT OF 1947
OPERATIONAL FILES OF THE
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
SEC. 702. [50 U.S.C. §432]
(a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,
PUBLICATION, OR DISCLOSURE.—
(1) The Director of the National Geospatial-Intelligence Agency, with
the coordination of the Director of National Intelligence, may exempt
operational files of the National Geospatial-Intelligence Agency from the
provisions of section 552 of title 5, United States Code, which require
publication, disclosure, search, or review in connection therewith.
(2)(A) Subject to subparagraph (B), for the purposes of this section, the
term “operational files” means files of the National GeospatialIntelligence Agency (hereafter in this section referred to as “NGA”)
concerning the activities of NGA that before the establishment of NGA
were performed by the National Photographic Interpretation Center of
the Central Intelligence Agency (NPIC), that document the means by
which foreign intelligence or counterintelligence is collected through
scientific and technical systems.
(B) Files which are the sole repository of disseminated
intelligence are not operational files.
(3) Notwithstanding paragraph (1), exempted operational files shall
continue to be subject to search and review for information concerning—
(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
(B) any special activity the existence of which is not exempt
from disclosure under the provisions of section 552 of title 5,
United States Code; or
(C) the specific subject matter of an investigation by any of the
following for any impropriety, or violation of law, Executive
order, or Presidential directive, in the conduct of an intelligence
activity:
(i) The congressional intelligence committees.
(ii) The Intelligence Oversight Board.
(iii) The Department of Justice.
(iv) The Office of General Counsel of NGA.
(v) The Office of the Director of NGA.
(vi) The Office of the Inspector General of the NationalGeospatial Intelligence Agency.
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(4)(A) Files that are not exempted under paragraph (1) which contain
information derived or disseminated from exempted operational files
shall be subject to search and review.
(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect
the exemption under paragraph (1) of the originating operational
files from search, review, publication, or disclosure.
(C) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted
under paragraph (1) and which have been returned to exempted
operational files for sole retention shall be subject to search and
review.
(5) The provisions of paragraph (1) may not be superseded except by a
provision of law which is enacted after the date of the enactment of this
section, and which specifically cites and repeals or modifies its
provisions.
(6)(A) Except as provided in subparagraph (B), whenever any person
who has requested agency records under section 552 of title 5, United
States Code, alleges that NGA has withheld records improperly because
of failure to comply with any provision of this section, judicial review
shall be available under the terms set forth in section 552(a)(4)(B) of title
5, United States Code.
(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
(i) In any case in which information specifically
authorized under criteria established by an Executive
order to be kept secret in the interests of national defense
or foreign relations is filed with, or produced for, the
court by NGA, such information shall be examined ex
parte, in camera by the court.
(ii) The court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written
submissions of the parties.
(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement
solely in exempted operational files, the complainant
shall support such allegation with a sworn written
submission based upon personal knowledge or otherwise
admissible evidence.
(iv)(I) When a complainant alleges that requested
records were improperly withheld because of improper
exemption of operational files, NGA shall meet its
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NATIONAL SECURITY ACT OF 1947
burden under section 552(a)(4)(B) of title 5, United
States Code, by demonstrating to the court by sworn
written submission that exempted operational files likely
to contain responsive records currently perform the
functions set forth in paragraph (2).
(II) The court may not order NGA to review the
content of any exempted operational file or files
in order to make the demonstration required
under subclause (I), unless the complainant
disputes NGA’s showing with a sworn written
submission based on personal knowledge or
otherwise admissible evidence.
(v) In proceedings under clauses (iii) and (iv), the parties
may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules
26 and 36.
(vi) If the court finds under this paragraph that NGA has
improperly withheld requested records because of failure
to comply with any provision of this subsection, the
court shall order NGA to search and review the
appropriate exempted operational file or files for the
requested records and make such records, or portions
thereof, available in accordance with the provisions of
section 552 of title 5, United States Code, and such order
shall be the exclusive remedy for failure to comply with
this subsection.
(vii) If at any time following the filing of a complaint
pursuant to this paragraph NGA agrees to search the
appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim
based upon such complaint.
(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of National Intelligence prior to
submission to the court.
(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—
(1) Not less than once every 10 years, the Director of the National
Geospatial-Intelligence Agency and the Director of National Intelligence
shall review the exemptions in force under subsection (a)(1) to determine
whether such exemptions may be removed from the category of
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exempted files or any portion thereof. The Director of National
Intelligence must approve any determination to remove such exemptions.
(2) The review required by paragraph (1) shall include consideration of
the historical value or other public interest in the subject matter of the
particular category of files or portions thereof and the potential for
declassifying a significant part of the information contained therein.
(3) A complainant that alleges that NGA has improperly withheld
records because of failure to comply with this subsection may seek
judicial review in the district court of the United States of the district in
which any of the parties reside, or in the District of Columbia. In such a
proceeding, the court’s review shall be limited to determining the
following:
(A) Whether NGA has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of this section or before
the expiration of the 10-year period beginning on the date of the
most recent review.
(B) Whether NGA, in fact, considered the criteria set forth in
paragraph (2) in conducting the required review.
OPERATIONAL FILES OF THE NATIONAL RECONNAISSANCE OFFICE
SEC. 703. [50 U.S.C. §432a]
(a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,
PUBLICATION, OR DISCLOSURE.—
(1) The Director of the National Reconnaissance Office, with the
coordination of the Director of National Intelligence, may exempt
operational files of the National Reconnaissance Office from the
provisions of section 552 of title 5, United States Code, which require
publication, disclosure, search, or review in connection therewith.
(2)(A) Subject to subparagraph (B), for the purposes of this section, the
term “operational files” means files of the National Reconnaissance
Office (hereafter in this section referred to as “NRO”) that document the
means by which foreign intelligence or counterintelligence is collected
through scientific and technical systems.
(B) Files which are the sole repository of disseminated
intelligence are not operational files.
(3) Notwithstanding paragraph (1), exempted operational files shall
continue to be subject to search and review for information concerning—
(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on
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NATIONAL SECURITY ACT OF 1947
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
(B) any special activity the existence of which is not exempt
from disclosure under the provisions of section 552 of title 5,
United States Code; or
(C) the specific subject matter of an investigation by any of the
following for any impropriety, or violation of law, Executive
order, or Presidential directive, in the conduct of an intelligence
activity:
(i) The Permanent Select Committee on Intelligence of
the House of Representatives.
(ii) The Select Committee on Intelligence of the Senate.
(iii) The Intelligence Oversight Board.
(iv) The Department of Justice.
(v) The Office of General Counsel of NRO.
(vi) The Office of the Director of NRO.
(vii) The Office of the Inspector General of the NRO.
(4)(A) Files that are not exempted under paragraph (1) which contain
information derived or disseminated from exempted operational files
shall be subject to search and review.
(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect
the exemption under paragraph (1) of the originating operational
files from search, review, publication, or disclosure.
(C) The declassification of some of the information contained in
exempted operational files shall not affect the status of the
operational file as being exempt from search, review,
publication, or disclosure.
(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted
under paragraph (1) and which have been returned to exempted
operational files for sole retention shall be subject to search and
review.
(5) The provisions of paragraph (1) may not be superseded except by a
provision of law which is enacted after the date of the enactment of this
section, and which specifically cites and repeals or modifies its
provisions.
(6)(A) Except as provided in subparagraph (B), whenever any person
who has requested agency records under section 552 of title 5, United
States Code, alleges that NRO has withheld records improperly because
of failure to comply with any provision of this section, judicial review
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NATIONAL SECURITY ACT OF 1947
shall be available under the terms set forth in section 552(a)(4)(B) of title
5, United States Code.
(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
(i) In any case in which information specifically
authorized under criteria established by an Executive
order to be kept secret in the interests of national defense
or foreign relations is filed with, or produced for, the
court by NRO, such information shall be examined ex
parte, in camera by the court.
(ii) The court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written
submissions of the parties.
(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement
solely in exempted operational files, the complainant
shall support such allegation with a sworn written
submission based upon personal knowledge or otherwise
admissible evidence.
(iv)(I) When a complainant alleges that requested
records were improperly withheld because of improper
exemption of operational files, NRO shall meet its
burden under section 552(a)(4)(B) of title 5, United
States Code, by demonstrating to the court by sworn
written submission that exempted operational files likely
to contain responsive records currently perform the
functions set forth in paragraph (2).
(II) The court may not order NRO to review the
content of any exempted operational file or files
in order to make the demonstration required
under subclause (I), unless the complainant
disputes NRO’s showing with a sworn written
submission based on personal knowledge or
otherwise admissible evidence.
(v) In proceedings under clauses (iii) and (iv), the parties
may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules
26 and 36.
(vi) If the court finds under this paragraph that NRO has
improperly withheld requested records because of failure
to comply with any provision of this subsection, the
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NATIONAL SECURITY ACT OF 1947
court shall order NRO to search and review the
appropriate exempted operational file or files for the
requested records and make such records, or portions
thereof, available in accordance with the provisions of
section 552 of title 5, United States Code, and such order
shall be the exclusive remedy for failure to comply with
this subsection.
(vii) If at any time following the filing of a complaint
pursuant to this paragraph NRO agrees to search the
appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim
based upon such complaint.
(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of National Intelligence prior to
submission to the court.
(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—
(1) Not less than once every 10 years, the Director of the National
Reconnaissance Office and the Director of National Intelligence shall
review the exemptions in force under subsection (a)(1) to determine
whether such exemptions may be removed from the category of
exempted files or any portion thereof. The Director of National
Intelligence must approve any determination to remove such exemptions.
(2) The review required by paragraph (1) shall include consideration of
the historical value or other public interest in the subject matter of the
particular category of files or portions thereof and the potential for
declassifying a significant part of the information contained therein.
(3) A complainant that alleges that NRO has improperly withheld records
because of failure to comply with this subsection may seek judicial
review in the district court of the United States of the district in which
any of the parties reside, or in the District of Columbia. In such a
proceeding, the court’s review shall be limited to determining the
following:
(A) Whether NRO has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of this section or before
the expiration of the 10-year period beginning on the date of the
most recent review.
(B) Whether NRO, in fact, considered the criteria set forth in
paragraph (2) in conducting the required review.

88

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OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY
SEC. 704. [50 U.S.C. §432b]
(a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,
PUBLICATION, OR DISCLOSURE.—The Director of the National Security Agency,
in coordination with the Director of National Intelligence, may exempt
operational files of the National Security Agency from the provisions of section
552 of title 5, United States Code, which require publication, disclosure, search,
or review in connection therewith.
(b) OPERATIONAL FILES DEFINED.—
(1) In this section, the term “operational files” means—
(A) files of the Signals Intelligence Directorate of the National
Security Agency (and any successor organization of that
directorate) that document the means by which foreign
intelligence or counterintelligence is collected through technical
systems; and
(B) files of the Research Associate Directorate of the National
Security Agency (and any successor organization of that
directorate) that document the means by which foreign
intelligence or counterintelligence is collected through scientific
and technical systems.
(2) Files that are the sole repository of disseminated intelligence, and
files that have been accessioned into the National Security Agency
Archives (or any successor organization) are not operational files.
(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding subsection (a),
exempted operational files shall continue to be subject to search and review for
information concerning any of the following:
(1) United States citizens or aliens lawfully admitted for permanent
residence who have requested information on themselves pursuant to the
provisions of section 552 or 552a of title 5, United States Code.
(2) Any special activity the existence of which is not exempt from
disclosure under the provisions of section 552 of title 5, United States
Code.
(3) The specific subject matter of an investigation by any of the
following for any impropriety, or violation of law, Executive order, or
Presidential directive, in the conduct of an intelligence activity:
(A) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(B) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(C) The Intelligence Oversight Board.
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NATIONAL SECURITY ACT OF 1947
(D) The Department of Justice.
(E) The Office of General Counsel of the National Security
Agency.
(F) The Office of the Inspector General of the Department of
Defense.
(G) The Office of the Director of the National Security Agency.
(H) The Office of the Inspector General of the National Security
Agency.
(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPERATIONAL
FILES.—
(1) Files that are not exempted under subsection (a) that contain
information derived or disseminated from exempted operational files
shall be subject to search and review.
(2) The inclusion of information from exempted operational files in files
that are not exempted under subsection (a) shall not affect the exemption
under subsection (a) of the originating operational files from search,
review, publication, or disclosure.
(3) The declassification of some of the information contained in
exempted operational files shall not affect the status of the operational
file as being exempt from search, review, publication, or disclosure.
(4) Records from exempted operational files that have been disseminated
to and referenced in files that are not exempted under subsection (a) and
that have been returned to exempted operational files for sole retention
shall be subject to search and review.
(e) SUPERCEDURE OF OTHER LAWS.—The provisions of subsection (a) may not
be superseded except by a provision of law that is enacted after the date of the
enactment of this section and that specifically cites and repeals or modifies such
provisions.
(f) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL REVIEW.—
(1) Except as provided in paragraph (2), whenever any person who has
requested agency records under section 552 of title 5, United States
Code, alleges that the National Security Agency has withheld records
improperly because of failure to comply with any provision of this
section, judicial review shall be available under the terms set forth in
section 552(a)(4)(B) of title 5, United States Code.
(2) Judicial review shall not be available in the manner provided for
under paragraph (1) as follows:
(A) In any case in which information specifically authorized
under criteria established by an Executive order to be kept secret
in the interests of national defense or foreign relations is filed
with, or produced for, the court by the National Security Agency,
90

NATIONAL SECURITY ACT OF 1947
such information shall be examined ex parte, in camera by the
court.
(B) The court shall determine, to the fullest extent practicable,
the issues of fact based on sworn written submissions of the
parties.
(C) When a complainant alleges that requested records are
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
(D)(i) When a complainant alleges that requested records were
improperly withheld because of improper exemption of
operational files, the National Security Agency shall meet its
burden under section 552(a)(4)(B) of title 5, United States Code,
by demonstrating to the court by sworn written submission that
exempted operational files likely to contain responsive records
currently perform the functions set forth in subsection (b).
(ii) The court may not order the National Security
Agency to review the content of any exempted
operational file or files in order to make the
demonstration required under clause (i), unless the
complainant disputes the National Security Agency’s
showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
(E) In proceedings under subparagraphs (C) and (D), the parties
may not obtain discovery pursuant to rules 26 through 36 of the
Federal Rules of Civil Procedure, except that requests for
admissions may be made pursuant to rules 26 and 36.
(F) If the court finds under this subsection that the National
Security Agency has improperly withheld requested records
because of failure to comply with any provision of this
subsection, the court shall order the Agency to search and review
the appropriate exempted operational file or files for the
requested records and make such records, or portions thereof,
available in accordance with the provisions of section 552 of title
5, United States Code, and such order shall be the exclusive
remedy for failure to comply with this section (other than
subsection (g)).
(G) If at any time following the filing of a complaint pursuant to
this paragraph the National Security Agency agrees to search the
appropriate exempted operational file or files for the requested
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NATIONAL SECURITY ACT OF 1947
records, the court shall dismiss the claim based upon such
complaint.
(H) Any information filed with, or produced for the court
pursuant to subparagraphs (A) and (D) shall be coordinated with
the Director of National Intelligence before submission to the
court.
(g) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—
(1) Not less than once every 10 years, the Director of the National
Security Agency and the Director of National Intelligence shall review
the exemptions in force under subsection (a) to determine whether such
exemptions may be removed from a category of exempted files or any
portion thereof. The Director of National Intelligence must approve any
determination to remove such exemptions.
(2) The review required by paragraph (1) shall include consideration of
the historical value or other public interest in the subject matter of a
particular category of files or portions thereof and the potential for
declassifying a significant part of the information contained therein.
(3) A complainant that alleges that the National Security Agency has
improperly withheld records because of failure to comply with this
subsection may seek judicial review in the district court of the United
States of the district in which any of the parties reside, or in the District
of Columbia. In such a proceeding, the court’s review shall be limited to
determining the following:
(A) Whether the National Security Agency has conducted the
review required by paragraph (1) before the expiration of the 10year period beginning on the date of the enactment of this
section or before the expiration of the 10-year period beginning
on the date of the most recent review.
(B) Whether the National Security Agency, in fact, considered
the criteria set forth in paragraph (2) in conducting the required
review.
OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY
SEC. 705. [50 U.S.C. §432c]
(a) EXEMPTION OF OPERATIONAL FILES. —The Director of the Defense
Intelligence Agency, in coordination with the Director of National Intelligence,
may exempt operational files of the Defense Intelligence Agency from the
provisions of section 552 of title 5, United States Code, which require
publication, disclosure, search, or review in connection therewith.
(b) OPERATIONAL FILES DEFINED. —
(1) In this section, the term “operational files” means—
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NATIONAL SECURITY ACT OF 1947
(A) files of the Directorate of Human Intelligence of the Defense
Intelligence Agency (and any successor organization of that
directorate) that document the conduct of foreign intelligence or
counterintelligence operations or intelligence or security liaison
arrangements or information exchanges with foreign
governments or their intelligence or security services; and
(B) files of the Directorate of Technology of the Defense
Intelligence Agency (and any successor organization of that
directorate) that document the means by which foreign
intelligence or counterintelligence is collected through technical
systems.
(2) Files that are the sole repository of disseminated intelligence are not
operational files.
(c) SEARCH AND REVIEW FOR INFORMATION. —Notwithstanding subsection (a),
exempted operational files shall continue to be subject to search and review for
information concerning:
(1) United States citizens or aliens lawfully admitted for permanent
residence who have requested information on themselves pursuant to the
provisions of section 552 or 552a of title 5, United States Code.
(2) Any special activity the existence of which is not exempt from
disclosure under the provisions of section 552 of title 5, United States
Code.
(3) The specific subject matter of an investigation by any of the
following for any impropriety, or violation of law, Executive order, or
Presidential directive, in the conduct of an intelligence activity:
(A) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(B) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(C) The Intelligence Oversight Board.
(D) The Department of Justice.
(E) The Office of General Counsel of the Department of Defense
or of the Defense Intelligence Agency.
(F) The Office of Inspector General of the Department of
Defense or of the Defense Intelligence Agency.
(G) The Office of the Director of the Defense Intelligence
Agency.

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NATIONAL SECURITY ACT OF 1947
(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPERATIONAL
FILES.—
(1) Files that are not exempted under subsection (a) that contain
information derived or disseminated from exempted operational files
shall be subject to search and review.
(2) The inclusion of information from exempted operational files in files
that are not exempted under subsection (a) shall not affect the exemption
under subsection (a) of the originating operational files from search,
review, publication, or disclosure.
(3) The declassification of some of the information contained in an
exempted operational file shall not affect the status of the operational file
as being exempt from search, review, publication, or disclosure.
(4) Records from exempted operational files that have been disseminated
to and referenced in files that are not exempted under subsection (a) and
that have been returned to exempted operational files for sole retention
shall be subject to search and review.
(e) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL REVIEW. —
(1) Except as provided in paragraph (2), whenever any person who has
requested agency records under section 552 of title 5, United States
Code, alleges that the Defense Intelligence Agency has withheld records
improperly because of failure to comply with any provision of this
section, judicial review shall be available under the terms set forth in
section 552(a)(4)(B) of title 5, United States Code.
(2) Judicial review shall not be available in the manner provided under
paragraph (1) as follows:
(A) In any case in which information specifically authorized
under criteria established by an Executive order to be kept secret
in the interest of national defense or foreign relations which is
filed with, or produced for, the court by the Defense Intelligence
Agency, such information shall be examined ex parte, in camera
by the court.
(B) The court shall determine, to the fullest extent practicable,
issues of fact based on sworn written submissions of the parties.
(C) When a complainant alleges that requested records were
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
(D)(i) When a complainant alleges that requested records were
improperly withheld because of improper exemption of
operational files, the Defense Intelligence Agency shall meet its
burden under section 552(a)(4)(B) of title 5, United States Code,
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NATIONAL SECURITY ACT OF 1947
by demonstrating to the court by sworn written submission that
exempted operational files likely to contain responsible records
currently perform the functions set forth in subsection (b).
(ii) The court may not order the Defense Intelligence
Agency to review the content of any exempted
operational file or files in order to make the
demonstration required under clause (i), unless the
complainant disputes the Defense Intelligence Agency’s
showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
(E) In proceedings under subparagraphs (C) and (D), the parties
shall not obtain discovery pursuant to rules 26 through 36 of the
Federal Rules of Civil Procedure, except that requests for
admission may be made pursuant to rules 26 and 36.
(F) If the court finds under this subsection that the Defense
Intelligence Agency has improperly withheld requested records
because of failure to comply with any provision of this
subsection, the court shall order the Defense Intelligence Agency
to search and review the appropriate exempted operational file or
files for the requested records and make such records, or portions
thereof, available in accordance with the provisions of section
552 of title 5, United States Code, and such order shall be the
exclusive remedy for failure to comply with this section (other
than subsection (f)).
(G) If at any time following the filing of a complaint pursuant to
this paragraph the Defense Intelligence Agency agrees to search
the appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim based upon
such complaint.
(H) Any information filed with, or produced for the court
pursuant to subparagraphs (A) and (D) shall be coordinated with
the Director of National Intelligence before submission to the
court.
(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES. —
(1) Not less than once every 10 years, the Director of the Defense
Intelligence Agency and the Director of National Intelligence shall
review the exemptions in force under subsection (a) to determine
whether such exemptions may be removed from a category of exempted
files or any portion thereof. The Director of National Intelligence must
approve any determinations to remove such exemptions.
(2) The review required by paragraph (1) shall include consideration of
the historical value or other public interest in the subject matter of the
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NATIONAL SECURITY ACT OF 1947
particular category of files or portions thereof and the potential for
declassifying a significant part of the information contained therein.
(3) A complainant that alleges that the Defense Intelligence Agency has
improperly withheld records because of failure to comply with this
subsection may seek judicial review in the district court of the United
States of the district in which any of the parties reside, or in the District
of Columbia. In such a proceeding, the court’s review shall be limited to
determining the following:
(A) Whether the Defense Intelligence Agency has conducted the
review required by paragraph (1) before the expiration of the 10year period beginning on the date of the enactment of this
section or before the expiration of the 10-year period beginning
on the date of the most recent review.
(B) Whether the Defense Intelligence Agency, in fact,
considered the criteria set forth in paragraph (2) in conducting
the required review.
(g) TERMINATION.—This section shall cease to be effective on December 31,
2007.
TITLE VIII—ACCESS TO
CLASSIFIED INFORMATION PROCEDURES
PROCEDURES
SEC. 801. [50 U.S.C 435]
(a) Not later than 180 days after the date of enactment of this title, the President
shall, by Executive order or regulation, establish procedures to govern access to
classified information which shall be binding upon all departments, agencies, and
offices of the executive branch of Government. Such procedures shall, at a
minimum—
(1) provide that, except as may be permitted by the President, no
employee in the executive branch of Government may be given access to
classified information by any department, agency, or office of the
executive branch of Government unless, based upon an appropriate
background investigation, such access is determined to be clearly
consistent with the national security interests of the United States;
(2) establish uniform minimum requirements governing the scope and
frequency of background investigations and reinvestigations for all
employees in the executive branch of Government who require access to
classified information as part of their official responsibilities;
(3) provide that all employees in the executive branch of Government
who require access to classified information shall be required as a
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NATIONAL SECURITY ACT OF 1947
condition of such access to provide to the employing department or
agency written consent which permits access by an authorized
investigative agency to relevant financial records, other financial
information, consumer reports, travel records, and computers used in the
performance of Government duties, as determined by the President, in
accordance with section 802 of this title, during the period of access to
classified information and for a period of three years thereafter;
(4) provide that all employees in the executive branch of Government
who require access to particularly sensitive classified information, as
determined by the President, shall be required, as a condition of
maintaining access to such information, to submit to the employing
department or agency, during the period of such access, relevant
information concerning their financial condition and foreign travel, as
determined by the President, as may be necessary to ensure appropriate
security; and
(5) establish uniform minimum standards to ensure that employees in the
executive branch of Government whose access to classified information
is being denied or terminated under this title are appropriately advised of
the reasons for such denial or termination and are provided an adequate
opportunity to respond to all adverse information which forms the basis
for such denial or termination before final action by the department or
agency concerned.
(b)(1) Subsection (a) shall not be deemed to limit or affect the responsibility and
power of an agency head pursuant to other law or Executive order to deny or
terminate access to classified information if the national security so requires.
Such responsibility and power may be exercised only when the agency head
determines that the procedures prescribed by subsection (a) cannot be invoked in
a manner that is consistent with the national security.
(2) Upon the exercise of such responsibility, the agency head shall
submit a report to the congressional intelligence committees.
REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES
SEC. 802. [50 U.S.C. §436]
(a)(1) Any authorized investigative agency may request from any financial
agency, financial institution, or holding company, or from any consumer
reporting agency, such financial records, other financial information, and
consumer reports as may be necessary in order to conduct any authorized law
enforcement investigation, counterintelligence inquiry, or security determination.
Any authorized investigative agency may also request records maintained by any
commercial entity within the United States pertaining to travel by an employee in
the executive branch of Government outside the United States.
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NATIONAL SECURITY ACT OF 1947
(2) Requests may be made under this section where—
(A) the records sought pertain to a person who is or was an
employee in the executive branch of Government required by the
President in an Executive order or regulation, as a condition of
access to classified information, to provide consent, during a
background investigation and for such time as access
to the information is maintained, and for a period of not more
than three years thereafter, permitting access to financial records,
other financial information, consumer reports, and travel records;
and
(B)(i) there are reasonable grounds to believe, based on credible
information, that the person is, or may be, disclosing classified
information in an unauthorized manner to a foreign power or
agent of a foreign power;
(ii) information the employing agency deems credible
indicates the person has incurred excessive indebtedness
or has acquired a level of affluence which cannot be
explained by other information known to the agency; or
(iii) circumstances indicate the person had the capability
and opportunity to disclose classified information which
is known to have been lost or compromised to a foreign
power or an agent of a foreign power.
(3) Each such request—
(A) shall be accompanied by a written certification signed by the
department or agency head or deputy department or agency head
concerned, or by a senior official designated for this purpose by
the department or agency head concerned (whose rank shall be
no lower than Assistant Secretary or Assistant Director), and
shall certify that—
(i) the person concerned is or was an employee within
the meaning of paragraph (2)(A);
(ii) the request is being made pursuant to an authorized
inquiry or investigation and is authorized under this
section; and
(iii) the records or information to be reviewed are
records or information which the employee has
previously agreed to make available to the authorized
investigative agency for review;
(B) shall contain a copy of the agreement referred to in
subparagraph (A)(iii);
(C) shall identify specifically or by category the records or
information to be reviewed; and
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NATIONAL SECURITY ACT OF 1947
(D) shall inform the recipient of the request of the prohibition
described in subsection (b).
(b) Prohibition of Certain Disclosure(1) If an authorized investigative agency described in subsection (a)
certifies that otherwise there may result a danger to the national security
of the United States, interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with diplomatic relations,
or danger to the life or physical safety of any person, no governmental or
private entity, or officer, employee, or agent of such entity, may disclose
to any person (other than those to whom such disclosure is necessary to
comply with the request or an attorney to obtain legal advice or legal
assistance with respect to the request) that such entity has received or
satisfied a request made by an authorized investigative agency under this
section.
(2) The request shall notify the person or entity to whom the request is
directed of the nondisclosure requirement under paragraph (1).
(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
(4) At the request of the authorized investigative agency, any person
making or intending to make a disclosure under this section shall identify
to the requesting official of the authorized investigative agency the
person to whom such disclosure will be made or to whom such
disclosure was made prior to the request, except that nothing in this
section shall require a person to inform the requesting official of the
identity of an attorney to whom disclosure was made or will be made to
obtain legal advice or legal assistance with respect to the request under
subsection (a).
(c)(1) Notwithstanding any other provision of law (other than section 6103 of
the Internal Revenue Code of 1986), an entity receiving a request for records or
information under subsection (a) shall, if the request satisfies the requirements of
this section, make available such records or information within 30 days for
inspection or copying, as may be appropriate, by the agency requesting such
records or information.
(2) Any entity (including any officer, employee, or agent thereof) that
discloses records or information for inspection or copying pursuant to
this section in good faith reliance upon the certifications made by an
agency pursuant to this section shall not be liable for any such disclosure
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NATIONAL SECURITY ACT OF 1947
to any person under this title, the constitution of any State, or any law or
regulation of any State or any political subdivision of any State.
(d) Any agency requesting records or information under this section may, subject
to the availability of appropriations, reimburse a private entity for any cost
reasonably incurred by such entity in responding to such request, including the
cost of identifying, reproducing, or transporting records or other data.
(e) An agency receiving records or information pursuant to a request under this
section may disseminate the records or information obtained pursuant to such
request outside the agency only—
(1) to the agency employing the employee who is the subject of the
records or information;
(2) to the Department of Justice for law enforcement or
counterintelligence purposes; or
(3) with respect to dissemination to an agency of the United States, if
such information is clearly relevant to the authorized responsibilities of
such agency.
(f) Nothing in this section may be construed to affect the authority of an
investigative agency to obtain information pursuant to the Right to Financial
Privacy Act (12 U.S.C. §3401 et seq.) or the Fair Credit Reporting Act (15
U.S.C. §1681 et seq.).
EXCEPTIONS
SEC. 803. [50 U.S.C. §437]
Except as otherwise specifically provided, the provisions of this title shall not
apply to the President and Vice President, Members of the Congress, Justices of
the Supreme Court, and Federal judges appointed by the President.
DEFINITIONS
SEC. 804. [50 U.S.C. §438]
For purposes of this title—
(1) the term “authorized investigative agency” means an agency
authorized by law or regulation to conduct a counterintelligence
investigation or investigations of persons who are proposed for access to
classified information to ascertain whether such persons satisfy the
criteria for obtaining and retaining access to such information;
(2) the term “classified information” means any information that has
been determined pursuant to Executive Order No. 12356 of April 2,
1982, or successor orders, or the Atomic Energy Act of 1954, to require
protection against unauthorized disclosure and that is so designated;
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(3) the term “consumer reporting agency” has the meaning given such
term in section 603 of the Consumer Credit Protection Act (15 U.S.C.
§1681a);
(4) the term “employee” includes any person who receives a salary or
compensation of any kind from the United States Government, is a
contractor of the United States Government or an employee thereof, is an
unpaid consultant of the United States Government, or otherwise acts for
or on behalf of the United States Government, except as otherwise
determined by the President;
(5) the terms “financial agency” and “financial institution” have the
meanings given to such terms in section 5312(a) of title 31, United States
Code, and the term “holding company” has the meaning given to such
term in section 1101(6) of the Right to Financial Privacy Act of 1978 (12
U.S.C. §3401);
(6) the terms “foreign power” and “agent of a foreign power” have the
same meanings as set forth in sections 101 (a) and (b), respectively, of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801);
(7) the term “State” means each of the several States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic of Palau,
and any other possession of the United States; and
(8) the term “computer” means any electronic, magnetic, optical,
electrochemical, or other high speed data processing device performing
logical, arithmetic, or storage functions, and includes any data storage
facility or communications facility directly related to or operating in
conjunction with such device and any data or other information stored or
contained in such device.
TITLE IX—APPLICATION OF SANCTIONS LAWS
TO INTELLIGENCE ACTIVITIES
STAY OF SANCTIONS
SEC. 901. [50 U.S.C. §441]
Notwithstanding any provision of law identified in section 904, the President
may stay the imposition of an economic, cultural, diplomatic, or other sanction or
related action by the United States Government concerning a foreign country,
organization, or person when the President determines and reports to Congress in
accordance with section 903 that to proceed without delay would seriously risk
the compromise of an ongoing criminal investigation directly related to the
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activities giving rise to the sanction or an intelligence source or method directly
related to the activities giving rise to the sanction. Any such stay shall be
effective for a period of time specified by the President, which period may not
exceed 120 days, unless such period is extended in accordance with section 902.
EXTENSION OF STAY
SEC. 902. [50 U.S.C. §441a]
Whenever the President determines and reports to Congress in accordance with
section 903 that a stay of sanctions or related actions pursuant to section 901 has
not afforded sufficient time to obviate the risk to an ongoing criminal
investigation or to an intelligence source or method that gave rise to the stay, he
may extend such stay for a period of time specified by the President, which
period may not exceed 120 days. The authority of this section may be used to
extend the period of a stay pursuant to section 901 for successive periods of not
more than 120 days each.
REPORTS
SEC. 903. [50 U.S.C. §441b]
Reports to Congress pursuant to sections 901 and 902 shall be submitted
promptly upon determinations under this title. Such reports shall be submitted to
the Committee on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate. With respect to
determinations relating to intelligence sources and methods, reports shall also be
submitted to the congressional intelligence committees. With respect to
determinations relating to ongoing criminal investigations, reports shall also be
submitted to the Committees on the Judiciary of the House of Representatives
and the Senate.
LAWS SUBJECT TO STAY
SEC. 904. [50 U.S.C. §441c]
The President may use the authority of sections 901 and 902 to stay the
imposition of an economic, cultural, diplomatic, or other sanction or related
action by the United States Government related to the proliferation of weapons of
mass destruction, their delivery systems, or advanced conventional weapons
otherwise required to be imposed by the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991 (title III of Public Law 102–182);
the Nuclear Proliferation Prevention Act of 1994 (title VIII of Public Law 103–
236); title XVII of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101–510) (relating to the nonproliferation of missile technology);
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the Iran-Iraq Arms Nonproliferation Act of 1992 (title XVI of Public Law 102–
484); section 573 of the Foreign Operations, Export Financing Related Programs
Appropriations Act, 1994 (Public Law 103–87); section 563 of the Foreign
Operations, Export Financing Related Programs Appropriations Act, 1995
(Public Law 103–306); and comparable provisions.
TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
SUBTITLE A – SCIENCE AND TECHNOLOGY
SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF
GRADUATE DEGREES IN SCIENCE AND TECHNOLOGY
SEC. 1001. [50 U.S.C. §441g]
(a) PROGRAM AUTHORIZED.—The Director of National Intelligence may carry
out a program to provide scholarships and work-study for individuals who are
pursuing graduate degrees in fields of study in science and technology that are
identified by the Director as appropriate to meet the future needs of the
intelligence community for qualified scientists and engineers.
(b) ADMINISTRATION.—If the Director of National Intelligence carries out the
program under subsection (a), the Director shall administer the program through
the Office of the Director of National Intelligence.
(c) IDENTIFICATION OF FIELDS OF STUDY.—If the Director of National
Intelligence carries out the program under subsection (a), the Director shall
identify fields of study under subsection (a) in consultation with the other heads
of the elements of the intelligence community.
(d) ELIGIBILITY FOR PARTICIPATION.—An individual eligible to participate in the
program is any individual who—
(1) either—
(A) is an employee of the intelligence community; or
(B) meets criteria for eligibility for employment in the
intelligence community that are established by the Director of
National Intelligence;
(2) is accepted in a graduate degree program in a field of study in science
or technology identified under subsection (a); and
(3) is eligible for a security clearance at the level of Secret or above.
(e) REGULATIONS.—If the Director of National Intelligence carries out the
program under subsection (a), the Director shall prescribe regulations for
purposes of the administration of this section.

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FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING
SEC. 1002. [50 U.S.C. §441g-1]
The Director of National Intelligence shall establish an integrated framework that
brings together the educational components of the intelligence community in
order to promote a more effective and productive intelligence community
through cross-disciplinary education and joint training.
INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
SEC. 1003. [50 U.S.C. §441g-2]
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Director of National Intelligence, in consultation
with the head of each agency of the intelligence community, shall
establish a scholarship program (to be known as the Intelligence
Community Scholarship Program’) to award scholarships to individuals
that is designed to recruit and prepare students for civilian careers in the
intelligence community to meet the critical needs of the intelligence
community agencies.
(2) SELECTION OF RECIPIENTS.—
(A) MERIT AND AGENCY NEEDS.—Individuals shall be selected
to receive scholarships under this section through a competitive
process primarily on the basis of academic merit and the needs
of the agency.
(B) DEMONSTRATED COMMITMENT.—Individuals selected under
this section shall have a demonstrated commitment to the field of
study for which the scholarship is awarded.
(3) CONTRACTUAL AGREEMENTS.—To carry out the Program the head
of each agency shall enter into contractual agreements with individuals
selected under paragraph (2) under which the individuals agree to serve
as full-time employees of the agency, for the period described in
subsection (g)(1), in positions needed by the agency and for which the
individuals are qualified, in exchange for receiving a scholarship.
(b) ELIGIBILITY.—In order to be eligible to participate in the Program, an
individual shall—
(1) be enrolled or accepted for enrollment as a full-time student at an
institution of higher education and be pursuing or intend to pursue
undergraduate or graduate education in an academic field or discipline
described in the list made available under subsection (d);
(2) be a United States citizen; and
(3) at the time of the initial scholarship award, not be an employee (as
defined under section 2105 of title 5, United States Code).
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(c) APPLICATION.—An individual seeking a scholarship under this section shall
submit an application to the Director of National Intelligence at such time, in
such manner, and containing such information, agreements, or assurances as the
Director may require.
(d) PROGRAMS AND FIELDS OF STUDY.—The Director of National Intelligence
shall—
(1) make publicly available a list of academic programs and fields of
study for which scholarships under the Program may be used; and
(2) update the list as necessary.
(e) SCHOLARSHIPS.—
(1) IN GENERAL.—The Director of National Intelligence may provide a
scholarship under the Program for an academic year if the individual
applying for the scholarship has submitted to the Director, as part of the
application required under subsection (c), a proposed academic program
leading to a degree in a program or field of study on the list made
available under subsection (d).
(2) LIMITATION ON YEARS.—An individual may not receive a
scholarship under this section for more than 4 academic years, unless the
Director of National Intelligence grants a waiver.
(3) STUDENT RESPONSIBILITIES.—Scholarship recipients shall maintain
satisfactory academic progress.
(4) AMOUNT.—The dollar amount of a scholarship under this section for
an academic year shall be determined under regulations issued by the
Director of National Intelligence, but shall in no case exceed the cost of
tuition, fees, and other authorized expenses as established by the
Director.
(5) USE OF SCHOLARSHIPS.—A scholarship provided under this section
may be expended for tuition, fees, and other authorized expenses as
established by the Director of National Intelligence by regulation.
(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION.—The Director of
National Intelligence may enter into a contractual agreement with an
institution of higher education under which the amounts provided for a
scholarship under this section for tuition, fees, and other authorized
expenses are paid directly to the institution with respect to which the
scholarship is provided.
(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES.—
(1) SET ASIDE OF SCHOLARSHIPS.—Notwithstanding paragraphs (1) and
(3) of subsection (b), 10 percent of the scholarships awarded under this
section shall be set aside for individuals who are employees of agencies
on the date of enactment of this section to enhance the education of such
employees in areas of critical needs of agencies.
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(2) FULL- OR PART-TIME EDUCATION.—Employees who are awarded
scholarships under paragraph (1) shall be permitted to pursue
undergraduate or graduate education under the scholarship on a full-time
or part-time basis.
(g) EMPLOYEE SERVICE.—
(1) PERIOD OF SERVICE.—Except as provided in subsection (i)(2), the
period of service for which an individual shall be obligated to serve as an
employee of the agency is 24 months for each academic year for which a
scholarship under this section is provided. Under no circumstances shall
the total period of obligated service be more than 8 years.
(2) BEGINNING OF SERVICE.—
(A) IN GENERAL.—Except as provided in subparagraph (B),
obligated service under paragraph (1) shall begin not later than
60 days after the individual obtains the educational degree for
which the scholarship was provided.
(B) DEFERRAL.—In accordance with regulations established by
the Director of National Intelligence, the Director or designee
may defer the obligation of an individual to provide a period of
service under paragraph (1) if the Director or designee
determines that such a deferral is appropriate.
(h) REPAYMENT.—
(1) IN GENERAL.—Scholarship recipients who fail to maintain a high
level of academic standing, as defined by the Director of National
Intelligence, who are dismissed from their educational institutions for
disciplinary reasons, or who voluntarily terminate academic training
before graduation from the educational program for which the
scholarship was awarded, shall be in breach of their contractual
agreement and, in lieu of any service obligation arising under such
agreement, shall be liable to the United States for repayment within 1
year after the date of default of all scholarship funds paid to them and to
the institution of higher education on their behalf under the agreement,
except as provided in subsection (i)(2). The repayment period may be
extended by the Director when determined to be necessary, as
established by regulation.
(2) LIABILITY.—Scholarship recipients who, for any reason, fail to begin
or complete their service obligation after completion of academic
training, or fail to comply with the terms and conditions of deferment
established by the Director of National Intelligence under subsection
(i)(2)(B), shall be in breach of their contractual agreement. When
recipients breach their agreements for the reasons stated in the preceding
sentence, the recipient shall be liable to the United States for an amount
equal to—
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(A) the total amount of scholarships received by such individual
under this section; and
(B) the interest on the amounts of such awards which would be
payable if at the time the awards were received they were loans
bearing interest at the maximum legal prevailing rate, as
determined by the Treasurer of the United States, multiplied by
3.
(i) CANCELLATION, WAIVER, OR SUSPENSION OF OBLIGATION.—
(1) CANCELLATION.—Any obligation of an individual incurred under the
Program (or a contractual agreement thereunder) for service or payment
shall be canceled upon the death of the individual.
(2) WAIVER OR SUSPENSION.—The Director of National Intelligence
shall prescribe regulations to provide for the partial or total waiver or
suspension of any obligation of service or payment incurred by an
individual under the Program (or a contractual agreement thereunder)
whenever compliance by the individual is impossible or would involve
extreme hardship to the individual, or if enforcement of such obligation
with respect to the individual would be contrary to the best interests of
the Government.
(j) REGULATIONS.—The Director of National Intelligence shall prescribe
regulations necessary to carry out this section.
(k) DEFINITIONS.—In this section:
(1) AGENCY.—The term “agency” means each element of the
intelligence community as determined by the Director of National
Intelligence.
(2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of
higher education” has the meaning given that term under section 101 of
the Higher Education Act of 1965 (20 U.S.C. §1001).
(3) PROGRAM.—The term “Program” means the Intelligence Community
Scholarship Program established under subsection (a).
SUBTITLE B – FOREIGN LANGUAGES PROGRAM
PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES
CRITICAL TO THE INTELLIGENCE COMMUNITY
SEC. 1011. [50 U.S.C. §441j]
(a) IN GENERAL.—The Secretary of Defense and the Director of National
Intelligence may jointly carry out a program to advance skills in foreign
languages that are critical to the capability of the intelligence community to carry
out the national security activities of the United States (hereinafter in this subtitle
referred to as the Foreign Languages Program’).
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(b) IDENTIFICATION OF REQUISITE ACTIONS.—In order to carry out the Foreign
Languages Program, the Secretary of Defense and the Director of National
Intelligence shall jointly identify actions required to improve the education of
personnel in the intelligence community in foreign languages that are critical to
the capability of the intelligence community to carry out the national security
activities of the United States and to meet the long-term intelligence needs of the
United States.
EDUCATION PARTNERSHIPS
SEC. 1012. [50 U.S.C. §441j-1]
(a) IN GENERAL.—In carrying out the Foreign Languages Program, the head of a
covered element of the intelligence community may enter into one or more
education partnership agreements with educational institutions in the United
States in order to encourage and enhance the study in such educational
institutions of foreign languages that are critical to the capability of the
intelligence community to carry out the national security activities of the United
States.
(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP
AGREEMENTS.—Under an educational partnership agreement entered into with
an educational institution pursuant to this section, the head of a covered element
of the intelligence community may provide the following assistance to the
educational institution:
(1) The loan of equipment and instructional materials of the element of
the intelligence community to the educational institution for any purpose
and duration that the head of the element considers appropriate.
(2) Notwithstanding any other provision of law relating to the transfer of
surplus property, the transfer to the educational institution of any
computer equipment, or other equipment, that is—
(A) commonly used by educational institutions;
(B) surplus to the needs of the element of the intelligence
community; and
(C) determined by the head of the element to be appropriate for
support of such agreement.
(3) The provision of dedicated personnel to the educational institution—
(A) to teach courses in foreign languages that are critical to the
capability of the intelligence community to carry out the national
security activities of the United States; or
(B) to assist in the development for the educational institution of
courses and materials on such languages.
(4) The involvement of faculty and students of the educational institution
in research projects of the element of the intelligence community.
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(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.
(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 considers appropriate.
VOLUNTARY SERVICES
SEC. 1013. [50 U.S.C. §441j-2]
(a) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title
31, United States Code, and subject to subsection (b), the Foreign Languages
Program under section 1011 shall include authority for the head of a covered
element of the intelligence community to accept from any dedicated personnel
voluntary services in support of the activities authorized by this subtitle.
(b) REQUIREMENTS AND LIMITATIONS.—
(1) In accepting voluntary services from an individual under subsection
(a), the head of a covered element of the intelligence community shall—
(A) supervise the individual to the same extent as the head of the
element would supervise a compensated employee of that
element providing similar services; and
(B) ensure that the individual is licensed, privileged, has
appropriate educational or experiential credentials, or is
otherwise qualified under applicable law or regulations to
provide such services.
(2) In accepting voluntary services from an individual under subsection
(a), the head of a covered element of the intelligence community may
not—
(A) place the individual in a policymaking position, or other
position performing inherently governmental functions; or
(B) compensate the individual for the provision of such services.
(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING SERVICES.—
The head of a covered element of the intelligence community may recruit and
train individuals to provide voluntary services under subsection (a).
(d) STATUS OF INDIVIDUALS PROVIDING SERVICES.—
(1) Subject to paragraph (2), while providing voluntary services under
subsection (a) or receiving training under subsection (c), an individual
shall be considered to be an employee of the Federal Government only
for purposes of the following provisions of law:
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(A) Section 552a of title 5, United States Code (relating to
maintenance of records on individuals).
(B) Chapter 11 of title 18, United States Code (relating to
conflicts of interest).
(2)(A) With respect to voluntary services under paragraph (1) provided
by an individual that are within the scope of the services accepted under
that paragraph, the individual shall be deemed to be a volunteer of a
governmental entity or nonprofit institution for purposes of the Volunteer
Protection Act of 1997 (42 U.S.C. §14501 et seq.).
(B) In the case of any claim against such an individual with
respect to the provision of such services, section 4(d) of such Act
(42 U.S.C. §14503(d)) shall not apply.
(3) Acceptance of voluntary services under this section shall have no
bearing on the issuance or renewal of a security clearance.
(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—
(1) The head of a covered element of the intelligence community may
reimburse an individual for incidental expenses incurred by the
individual in providing voluntary services under subsection (a). The head
of a covered element of the intelligence community shall determine
which expenses are eligible for reimbursement under this subsection.
(2) Reimbursement under paragraph (1) may be made from appropriated
or nonappropriated funds.
(f) AUTHORITY TO INSTALL EQUIPMENT.—
(1) The head of a covered element of the intelligence community may
install telephone lines and any necessary telecommunication equipment
in the private residences of individuals who provide voluntary services
under subsection (a).
(2) The head of a covered element of the intelligence community may
pay the charges incurred 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 a covered element of the intelligence community may use
appropriated funds or nonappropriated funds of the element in carrying
out this subsection.
REGULATIONS
SEC. 1014. [50 U.S.C. §441j-3]
(a) IN GENERAL.—The Secretary of Defense and the Director of National
Intelligence shall jointly prescribe regulations to carry out the Foreign Languages
Program.
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(b) ELEMENTS OF THE INTELLIGENCE COMMUNITY.—The head of each covered
element of the intelligence community shall prescribe regulations to carry out
sections 1012 and 1013 with respect to that element including the following:
(1) Procedures to be utilized for the acceptance of voluntary services
under section 1013.
(2) Procedures and requirements relating to the installation of equipment
under section 1013(f).
DEFINITIONS
SEC. 1015. [50 U.S.C. §441j-4]
In this subtitle:
(1) The term “covered element of the intelligence community” means an
agency, office, bureau, or element referred to in subparagraphs (B)
through (L) 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 Secondary Education Act of
1965 (20 U.S.C. §7801(26)));
(B) an institution of higher education (as defined in section 102
of the Higher 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 institution that provides instruction of
foreign languages in languages that are critical to the capability
of the intelligence community to carry out national security
activities of the United States.
(3) The term “dedicated personnel” means employees of the intelligence
community 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 honorably
discharged, honorably separated, or generally discharged under
honorable circumstances and rehired on a voluntary basis specifically to
perform the activities authorized under this subtitle).

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SUBTITLE C – ADDITIONAL EDUCATION PROGRAMS
ASSIGNMENT OF INTELLIGENCE COMMUNITY
PERSONNEL AS LANGUAGE STUDENTS
SEC. 1021. [50 U.S.C. §441m]
(a) IN GENERAL.—The Director of National Intelligence, acting through the
heads of the elements of the intelligence community, may assign employees of
such elements in analyst positions requiring foreign language expertise as
students at accredited professional, technical, or other institutions of higher
education for training at the graduate or undergraduate level in foreign languages
required for the conduct of duties and responsibilities of such positions.
(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF TUITION AND TRAINING.—
(1) The Director of National Intelligence may reimburse an employee
assigned under subsection (a) for the total cost of the training described
in that subsection, including costs of educational and supplementary
reading materials.
(2) The authority under paragraph (1) shall apply to employees who are
assigned on a full-time or part-time basis.
(3) Reimbursement under paragraph (1) may be made from appropriated
or nonappropriated funds.
(c) RELATIONSHIP TO COMPENSATION AS AN ANALYST.—Reimbursement under
this section to an employee who is an analyst is in addition to any benefits,
allowances, travel expenses, or other compensation the employee is entitled to by
reason of serving in such an analyst position.
TITLE XI—ADDITIONAL MISCELLANEOUS PROVISIONS
APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FEDERAL
LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS
SEC. 1101. [50 U.S.C. §442]
(a) IN GENERAL.—No Federal law enacted on or after the date of the enactment
of the Intelligence Authorization Act for Fiscal Year 2001 that implements a
treaty or other international agreement shall be construed as making unlawful an
otherwise lawful and authorized intelligence activity of the United States
Government or its employees, or any other person to the extent such other person
is carrying out such activity on behalf of, and at the direction of, the United
States, unless such Federal law specifically addresses such intelligence activity.
(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An intelligence activity shall be
treated as authorized for purposes of subsection (a) if the intelligence activity is
authorized by an appropriate official of the United States Government, acting
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within the scope of the official duties of that official and in compliance with
Federal law and any applicable Presidential directive.
COUNTERINTELLIGENCE INITIATIVES
SEC. 1102. [50 U.S.C. §442a]
(a) INSPECTION PROCESS.—
(1) In order to protect intelligence sources and methods from
unauthorized disclosure, the Director of National Intelligence shall
establish and implement an inspection process for all agencies and
departments of the United States that handle classified information
relating to the national security of the United States intended to assure
that those agencies and departments maintain effective operational
security practices and programs directed against counterintelligence
activities.
(2) The Director shall carry out the process through the Office of the
National Counterintelligence Executive.
(b) ANNUAL REVIEW OF DISSEMINATION LISTS.—
(1) The Director of National Intelligence shall establish and implement a
process for all elements of the intelligence community to review, on an
annual basis, individuals included on distribution lists for access to
classified information. Such process shall ensure that only individuals
who have a particularized need to know’ (as determined by the Director)
are continued on such distribution lists.
(2) Not later than October 15 of each year, the Director shall certify to
the congressional intelligence committees that the review required under
paragraph (1) has been conducted in all elements of the intelligence
community during the preceding fiscal year.
(c) COMPLETION OF FINANCIAL DISCLOSURE STATEMENTS REQUIRED FOR
ACCESS TO CERTAIN CLASSIFIED INFORMATION.—
(1) The Director of National Intelligence shall establish and implement a
process by which each head of an element of the intelligence community
directs that all employees of that element, in order to be granted access to
classified information referred to in subsection (a) of section 1.3 of
Executive Order No. 12968 (August 2, 1995; 60 Fed. Reg. 40245; 50
U.S.C. §435 note), submit financial disclosure forms as required under
subsection (b) of such section.
(2) The Director shall carry out paragraph (1) through the Office of the
National Counterintelligence Executive.
(d) ARRANGEMENTS TO HANDLE SENSITIVE INFORMATION.—The Director of
National Intelligence shall establish, for all elements of the intelligence
community, programs and procedures by which sensitive classified information
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relating to human intelligence is safeguarded against unauthorized disclosure by
employees of those elements.

114

INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004
(Public Law 108-458 of December 17, 2004; 118 STAT. 3638)

AN ACT To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE; TABLE OF CONTENTS
SECTION 1.
(a) SHORT TITLE.—This Act may be cited as the “Intelligence Reform and
Terrorism Prevention Act of 2004.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
SEC. 1001.

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
Short title.

SUBTITLE A—ESTABLISHMENT OF DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 1011.
Reorganization and improvement of management of intelligence
community.
SEC. 1012.
Revised definition of national intelligence.
SEC. 1013.
Joint procedures for operational coordination between Department of
Defense and Central Intelligence Agency.
SEC. 1014.
Role of Director of National Intelligence in appointment of certain
officials responsible for intelligence-related activities.
SEC. 1015.
Executive Schedule matters.
SEC. 1016.
Information sharing.
SEC. 1017.
Alternative analysis of intelligence by the intelligence community.
SEC. 1018.
Presidential guidelines on implementation and preservation of
authorities.
SEC. 1019.
Assignment of responsibilities relating to analytic integrity.
SEC. 1020.
Safeguard of objectivity in intelligence analysis.
SUBTITLE B—NATIONAL COUNTERTERRORISM CENTER, NATIONAL COUNTER
PROLIFERATION CENTER, AND NATIONAL INTELLIGENCE CENTERS
SEC. 1021.
National Counterterrorism Center.
SEC. 1022.
National Counter Proliferation Center.
SEC. 1023.
National intelligence centers.

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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
SEC. 1031.

SUBTITLE C—JOINT INTELLIGENCE COMMUNITY COUNCIL
Joint Intelligence Community Council.

SUBTITLE D—IMPROVEMENT OF EDUCATION FOR THE INTELLIGENCE COMMUNITY
SEC. 1041.
Additional education and training requirements.
SEC. 1042.
Cross-disciplinary education and training.
SEC. 1043.
Intelligence Community Scholarship Program.
SUBTITLE E—ADDITIONAL IMPROVEMENTS OF INTELLIGENCE ACTIVITIES
SEC. 1051.
Service and national laboratories and the intelligence community.
SEC. 1052.
Open-source intelligence.
SEC. 1053.
National Intelligence Reserve Corps.
SEC. 1061.
SEC. 1062.
SEC. 1071.
SEC. 1072.
SEC. 1073.
SEC. 1074.
SEC. 1075.
SEC. 1076.
SEC. 1077.
SEC. 1078.
SEC. 1079.
SEC. 1080.
SEC. 1081.

SUBTITLE F—PRIVACY AND CIVIL LIBERTIES
Privacy and Civil Liberties Oversight Board.
Privacy and civil liberties officers.
SUBTITLE G—CONFORMING AND OTHER AMENDMENTS
Conforming amendments relating to roles of Director of National
Intelligence and Director of the Central Intelligence Agency.
Other conforming amendments.
Elements of intelligence community under National Security Act of
1947.
Redesignation of National Foreign Intelligence Program as National
Intelligence Program.
Repeal of superseded authority.
Clerical amendments to National Security Act of 1947.
Conforming amendments relating to prohibiting dual service of the
Director of the Central Intelligence Agency.
Authority to establish inspector general for the Office of the Director of
National Intelligence.
Ethics matters.
Construction of authority of Director of National Intelligence to acquire
and manage property and services.
General references.

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.
Director of National Intelligence report on implementation of
intelligence community reform.
SEC. 1096.
Transitional authorities.
SEC. 1097.
Effective dates.

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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
SEC. 1101.
SEC. 1102.
SEC. 1103.

SUBTITLE I—OTHER MATTERS
Study of promotion and professional military education school
selection rates for military intelligence officers.
Extension and improvement of authorities of Public Interest
Declassification Board.
Severability.

SEC. 2002.
SEC. 2003.
SEC. 2004.
SEC. 2005.
SEC. 2006.

TITLE II—FEDERAL BUREAU OF INVESTIGATION
Improvement of intelligence capabilities of the Federal Bureau of
Investigation.
Directorate of Intelligence of the Federal Bureau of Investigation.
Federal Bureau of Investigation intelligence career service.
Federal Bureau of Investigation Reserve Service.
Federal Bureau of Investigation mandatory separation age.
Federal Bureau of Investigation use of translators.

SEC. 3001.

TITLE III—SECURITY CLEARANCES
Security clearances.

SEC. 2001.

TITLE IV—TRANSPORTATION SECURITY
SUBTITLE A—NATIONAL STRATEGY FOR TRANSPORTATION SECURITY
SEC. 4001.
National Strategy for Transportation Security.
SEC. 4011.
SEC. 4012.
SEC. 4013.
SEC. 4014.
SEC. 4015.
SEC. 4016.
SEC. 4017.
SEC. 4018.
SEC. 4019.
SEC. 4020.
SEC. 4021.
SEC. 4022.
SEC. 4023.
SEC. 4024.
SEC. 4025.
SEC. 4026.
SEC. 4027.
SEC. 4028.
SEC. 4029.

SUBTITLE B—AVIATION SECURITY
Provision for the use of biometric or other technology.
Advanced airline passenger prescreening.
Deployment and use of detection equipment at airport screening
checkpoints.
Advanced airport checkpoint screening devices.
Improvement of screener job performance.
Federal air marshals.
International agreements to allow maximum deployment of Federal air
marshals.
Foreign air marshal training.
In-line checked baggage screening.
Checked baggage screening area monitoring.
Wireless communication.
Improved pilot licenses.
Aviation security staffing.
Improved explosive detection systems.
Prohibited items list.
Man-Portable Air Defense Systems (MANPADs).
Technical corrections.
Report on secondary flight deck barriers.
Extension of authorization of aviation security funding.

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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

SEC. 4052.
SEC. 4053.
SEC. 4054.

SUBTITLE C—AIR CARGO SECURITY
Pilot program to evaluate use of blast resistant cargo and baggage
containers.
Air cargo security.
Air cargo security regulations.
Report on international air cargo threats.

SEC. 4071.
SEC. 4072.

SUBTITLE D—MARITIME SECURITY
Watch lists for passengers aboard vessels.
Deadlines for completion of certain plans, reports, and assessments.

SEC. 4081.
SEC. 4082.

SUBTITLE E—GENERAL PROVISIONS
Definitions.
Effective date.

SEC. 4051.

TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
SUBTITLE A—ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM
SEC. 5101.
Establishment.
SEC. 5102.
Program requirements.
SEC. 5103.
Administrative provisions.
SEC. 5104.
Report.
SEC. 5105.
Authorization of appropriations.
SEC. 5201.
SEC. 5202.
SEC. 5203.
SEC. 5204.
SEC. 5301.
SEC. 5302.
SEC. 5303.
SEC. 5304.
SEC. 5401.
SEC. 5402.
SEC. 5403.

SUBTITLE B—BORDER AND IMMIGRATION ENFORCEMENT
Border surveillance.
Increase in full-time Border Patrol agents.
Increase in full-time immigration and customs enforcement
investigators.
Increase in detention bed space.
SUBTITLE C—VISA REQUIREMENTS
In person interviews of visa applicants.
Visa application requirements.
Effective date.
Revocation of visas and other travel documentation.
SUBTITLE D—IMMIGRATION REFORM
Bringing in and harboring certain aliens.
Deportation of aliens who have received military-type training from
terrorist organizations.
Study and report on terrorists in the asylum system.

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SUBTITLE E—TREATMENT OF ALIENS WHO COMMIT ACTS OF TORTURE,
EXTRAJUDICIAL KILLINGS, OR OTHER ATROCITIES ABROAD
SEC. 5501.
Inadmissibility and deportability of aliens who have committed acts of
torture or extrajudicial killings abroad.
SEC. 5502.
Inadmissibility and deportability of foreign government officials who
have committed particularly severe violations of religious freedom.
SEC. 5503.
Waiver of inadmissibility.
SEC. 5504.
Bar to good moral character for aliens who have committed acts of
torture, extrajudicial killings, or severe violations of religious freedom.
SEC. 5505.
Establishment of the Office of Special Investigations.
SEC. 5506.
Report on implementation.
TITLE VI—TERRORISM PREVENTION
SUBTITLE A—INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS
SEC. 6001.
Individual terrorists as agents of foreign powers.
SEC. 6002.
Additional semiannual reporting requirements under the Foreign
Intelligence Surveillance Act of 1978.
SEC. 6101.
SEC. 6102.

SUBTITLE B—MONEY LAUNDERING AND TERRORIST FINANCING
Additional authorization for finCEN.
Money laundering and financial crimes strategy reauthorization.

SEC. 6201.
SEC. 6202.
SEC. 6203.
SEC. 6204.
SEC. 6205.

SUBTITLE C—MONEY LAUNDERING ABATEMENT AND
FINANCIAL ANTITERRORISM TECHNICAL CORRECTIONS
Short title.
Technical corrections to Public Law 107-56.
Technical corrections to other provisions of law.
Repeal of review.
Effective date.

SEC. 6301.
SEC. 6302.
SEC. 6303.

SUBTITLE D—ADDITIONAL ENFORCEMENT TOOLS
Bureau of Engraving and Printing security printing.
Reporting of certain cross-border transmittal of funds.
Terrorism financing.

SEC. 6401.
SEC. 6402.
SEC. 6403.
SEC. 6501.

SUBTITLE E—CRIMINAL HISTORY BACKGROUND CHECKS
Protect Act.
Reviews of criminal records of applicants for private security officer
employment.
Criminal history background checks.
SUBTITLE F—GRAND JURY INFORMATION SHARING
Grand jury information sharing.

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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
SEC. 6601.
SEC. 6602.
SEC. 6603.
SEC. 6604.

SUBTITLE G—PROVIDING MATERIAL SUPPORT TO TERRORISM
Short title.
Receiving military-type training from a foreign terrorist organization.
Additions to offense of providing material support to terrorism.
Financing of terrorism.

SUBTITLE H—STOP TERRORIST AND MILITARY HOAXES ACT OF 2004
SEC. 6701.
Short title.
SEC. 6702.
Hoaxes and recovery costs.
SEC. 6703.
Obstruction of justice and false statements in terrorism cases.
SEC. 6704.
Clarification of definition.

SEC. 6801.
SEC. 6802.
SEC. 6803.

SUBTITLE I—WEAPONS OF MASS DESTRUCTION
PROHIBITION IMPROVEMENT ACT OF 2004
Short title.
Weapons of mass destruction.
Participation in nuclear and weapons of mass destruction threats to the
United States.

SEC. 6901.
SEC. 6902.
SEC. 6903.
SEC. 6904.
SEC. 6905.
SEC. 6906.
SEC. 6907.
SEC. 6908.
SEC. 6909.
SEC. 6910.
SEC. 6911.

SUBTITLE J—PREVENTION OF TERRORIST ACCESS TO
DESTRUCTIVE WEAPONS ACT OF 2004
Short title.
Findings and purpose.
Missile systems designed to destroy aircraft.
Atomic weapons.
Radiological dispersal devices.
Variola virus.
Interception of communications.
Amendments to section 2332b(g)(5)(b) of title 18, United States Code.
Amendments to section 1956(c)(7)(d) of title 18, United States Code.
Export licensing process.
Clerical amendments.

SEC. 6951.
SEC. 6952.

SUBTITLE K—PRETRIAL DETENTION OF TERRORISTS
Short title.
Presumption for pretrial detention in cases involving terrorism.

TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001.
Short title.

SEC. 7101.
SEC. 7102.
SEC. 7103.
SEC. 7104.

SUBTITLE A—DIPLOMACY, FOREIGN AID, AND THE MILITARY
IN THE WAR ON TERRORISM
Findings.
Terrorist sanctuaries.
United States commitment to the future of Pakistan.
Assistance for Afghanistan.

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SEC. 7105.
SEC. 7106.
SEC. 7107.
SEC. 7108.
SEC. 7109.
SEC. 7110.
SEC. 7111.
SEC. 7112.
SEC. 7113.
SEC. 7114.
SEC. 7115.
SEC. 7116.
SEC. 7117.
SEC. 7118.
SEC. 7119.
SEC. 7120.
SEC. 7121.
SEC. 7122.
SEC. 7201.
SEC. 7202.
SEC. 7203.
SEC. 7204.
SEC. 7205.
SEC. 7206.
SEC. 7207.
SEC. 7208.
SEC. 7209.
SEC. 7210.
SEC. 7211.
SEC. 7212.
SEC. 7213.
SEC. 7214.
SEC. 7215.
SEC. 7216.
SEC. 7217.
SEC. 7218.

The relationship between the United States and Saudi Arabia.
Efforts to combat Islamist terrorism.
United States policy toward dictatorships.
Promotion of free media and other American values.
Public diplomacy responsibilities of the Department of State.
Public diplomacy training.
Promoting democracy and human rights at international organizations.
Expansion of United States scholarship and exchange programs in the
Islamic world.
Program to provide grants to American-sponsored schools in
predominantly Muslim countries to provide scholarships.
International Muslim Youth Opportunity Fund.
The use of economic policies to combat terrorism.
Middle East partnership initiative.
Comprehensive coalition strategy for fighting terrorism.
Financing of terrorism.
Designation of foreign terrorist organizations.
Report to Congress.
Case-Zablocki Act requirements.
Effective date.
SUBTITLE B—TERRORIST TRAVEL AND EFFECTIVE SCREENING
Counterterrorist travel intelligence.
Establishment of human smuggling and trafficking center.
Responsibilities and functions of consular officers.
International agreements to track and curtail terrorist travel through the
use of fraudulently obtained documents.
International standards for transliteration of names into the Roman
alphabet for international travel documents and name-based watchlist
systems.
Immigration security initiative.
Certification regarding technology for visa waiver participants.
Biometric entry and exit data system.
Travel documents.
Exchange of terrorist information and increased preinspection at
foreign airports.
Minimum standards for birth certificates.
Driver’s licenses and personal identification cards.
Social security cards and numbers.
Prohibition of the display of social security account numbers on
driver’s licenses or motor vehicle registrations.
Terrorist travel program.
Increase in penalties for fraud and related activity.
Study on allegedly lost or stolen passports.
Establishment of visa and passport security program in the Department
of State.

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SEC. 7219.
SEC. 7220.

Effective date.
Identification standards.

SEC. 7301.
SEC. 7302.
SEC. 7303.
SEC. 7304.
SEC. 7305.
SEC. 7306.
SEC. 7307.
SEC. 7308.

SUBTITLE C—NATIONAL PREPAREDNESS
The incident command system.
National capital region mutual aid.
Enhancement of public safety communications interoperability.
Regional model strategic plan pilot projects.
Private sector preparedness.
Critical infrastructure and readiness assessments.
Northern command and defense of the United States homeland.
Effective date.

SEC. 7401.
SEC. 7402.
SEC. 7403.
SEC. 7404.
SEC. 7405.
SEC. 7406.
SEC. 7407.
SEC. 7408.

SUBTITLE D—HOMELAND SECURITY
Sense of Congress on first responder funding.
Coordination of industry efforts.
Study regarding nationwide emergency notification system.
Pilot study to move warning systems into the modern digital age.
Required coordination.
Emergency preparedness compacts.
Responsibilities of counternarcotics office.
Use of counternarcotics enforcement activities in certain employee
performance appraisals.

SEC. 7501.
SEC. 7502.

SUBTITLE E—PUBLIC SAFETY SPECTRUM
Digital television conversion deadline.
Studies on telecommunications capabilities and requirements.

SEC. 7601.

SUBTITLE F—PRESIDENTIAL TRANSITION
Presidential transition.

SEC. 7701.
SEC. 7702.
SEC. 7703.
SEC. 7704.
SEC. 7801.
SEC. 7802.
SEC. 7803.
SEC. 7804.

SUBTITLE G—IMPROVING INTERNATIONAL STANDARDS AND
COOPERATION TO FIGHT TERRORIST FINANCING
Improving international standards and cooperation to fight terrorist
financing.
Definitions.
Expanded reporting and testimony requirements for the Secretary of the
Treasury.
Coordination of United States Government efforts.
SUBTITLE H—EMERGENCY FINANCIAL PREPAREDNESS
Delegation authority of the Secretary of the Treasury.
Treasury support for financial services industry preparedness and
response and consumer education.
Emergency Securities Response Act of 2004.
Private sector preparedness.

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TITLE VIII—OTHER MATTERS
SEC. 8101.

SEC. 8201.

SUBTITLE A—INTELLIGENCE MATTERS
Intelligence community use of National Infrastructure Simulation and
Analysis Center.
SUBTITLE B—DEPARTMENT OF HOMELAND SECURITY MATTERS
Homeland security geospatial information.

SUBTITLE C—HOMELAND SECURITY CIVIL RIGHTS AND CIVIL LIBERTIES PROTECTION
SEC. 8301.
Short title.
SEC. 8302.
Mission of Department of Homeland Security.
SEC. 8303.
Officer for Civil Rights and Civil Liberties.
SEC. 8304.
Protection of civil rights and civil liberties by Office of Inspector
General.
SEC. 8305.
Privacy officer.
SEC. 8306.
Protections for human research subjects of the Department of
Homeland Security.
SEC. 8401.
SEC. 8402.
SEC. 8403.
SEC. 8404.

SUBTITLE D—OTHER MATTERS
Amendments to Clinger-Cohen Act provisions to enhance agency
planning for Information security needs.
Enterprise architecture.
Financial disclosure and records.
Extension of requirement for air carriers to honor tickets for suspended
air passenger service.

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
SHORT TITLE
SEC. 1001.
This title may be cited as the “National Security Intelligence Reform Act of
2004”.
SUBTITLE A—ESTABLISHMENT OF DIRECTOR OF NATIONAL INTELLIGENCE
REORGANIZATION AND IMPROVEMENT OF
MANAGEMENT OF INTELLIGENCE COMMUNITY
SEC. 1011.
(a) IN GENERAL.—Title I of the National Security Act of 1947 (50 U.S.C. §402
et seq.) is amended by striking sections 102 through 104 and inserting the
following new sections:
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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
[amendments omitted here – see the National Security Act of 1947 in this book]
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the human intelligence officers of the intelligence community have
performed admirably and honorably in the face of great personal
dangers;
(2) during an extended period of unprecedented investment and
improvements in technical collection means, the human intelligence
capabilities of the United States have not received the necessary and
commensurate priorities;
(3) human intelligence is becoming an increasingly important capability
to provide 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, understanding, and countering the plans and intentions of the
adversaries of the United States; and
(5) an increased emphasis on, and resources applied to, enhancing the
depth and breadth of human intelligence capabilities of the United States
intelligence community must be among the top priorities of the Director
of National Intelligence.
(c) TRANSFORMATION OF CENTRAL INTELLIGENCE AGENCY.—The Director of
the Central Intelligence Agency shall, in accordance with standards developed by
the Director in consultation with the Director of National Intelligence—
(1) enhance the analytic, human intelligence, and other capabilities of the
Central Intelligence Agency;
(2) develop and maintain an effective language program within the
Agency;
(3) emphasize the hiring of personnel of diverse backgrounds for
purposes of improving the capabilities of the Agency;
(4) establish and maintain effective relationships between human
intelligence and signals intelligence within the Agency at the operational
level; and
(5) achieve a more effective balance within the Agency with respect to
unilateral operations and liaison operations.
(d) REPORT.—(1) Not later than 180 days after the date of the enactment of this
Act, the Director of the Central Intelligence Agency shall submit to the Director
of National Intelligence and the congressional intelligence committees a report
setting forth the following:
(A) A strategy for improving the conduct of analysis (including
strategic analysis) by the Central Intelligence Agency, and the
progress of the Agency in implementing that strategy.
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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
(B) A strategy for improving the human intelligence and other
capabilities of the Agency, and the progress of the Agency in
implementing that strategy.
(2)(A) The information in the report under paragraph (1) on the strategy
referred to in paragraph (1)(B) shall—
(i) identify the number and types of personnel required
to implement that strategy;
(ii) include a plan for the recruitment, training,
equipping, and deployment of such personnel; and
(iii) set forth an estimate of the costs of such activities.
(B) If as of the date of the report under paragraph (1), a proper
balance does not exist between unilateral operations and liaison
operations, such report shall set forth the steps to be taken to
achieve such balance.
REVISED DEFINITION OF NATIONAL INTELLIGENCE
SEC. 1012.
Paragraph (5) of section 3 of the National Security Act of 1947 (50 U.S.C.
§401a) is amended to read as follows:
“(5) The terms “national intelligence” and “intelligence related to
national security” refer to all intelligence, regardless of the source from
which derived and including information gathered within or outside the
United States, that—
“(A) pertains, as determined consistent with any guidance issued
by the President, to more than one United States Government
agency; and
“(B) that involves—
“(i) threats to the United States, its people, property, or
interests;
“(ii) the development, proliferation, or use of weapons of
mass destruction; or
“(iii) any other matter bearing on United States national
or homeland security.”.
JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN
DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY
SEC. 1013.
(a) Development of Procedures- The Director of National Intelligence, in
consultation with the Secretary of Defense and the Director of the Central
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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
Intelligence Agency, shall develop joint procedures to be used by the Department
of Defense and the Central Intelligence Agency to improve the coordination and
deconfliction of operations that involve elements of both the Armed Forces and
the Central Intelligence Agency consistent with national security and the
protection of human intelligence sources and methods. Those procedures shall, at
a minimum, provide the following:
(1) Methods by which the Director of the Central Intelligence Agency
and the Secretary of Defense can improve communication and
coordination in the planning, execution, and sustainment of operations,
including, as a minimum—
(A) information exchange between senior officials of the Central
Intelligence Agency and senior officers and officials of the
Department of Defense when planning for such an operation
commences by either organization; and
(B) exchange of information between the Secretary and the
Director of the Central Intelligence Agency to ensure that senior
operational officials in both the Department of Defense and the
Central Intelligence Agency have knowledge of the existence of
the ongoing operations of the other.
(2) When appropriate, in cases where the Department of Defense and the
Central Intelligence Agency are conducting separate missions in the
same geographical area, a mutual agreement on the tactical and strategic
objectives for the region and a clear delineation of operational
responsibilities to prevent conflict and duplication of effort.
(b) Implementation Report- Not later than 180 days after the date of the
enactment of the Act, the Director of National Intelligence 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 procedures established pursuant to subsection (a) and the status of
the implementation of those procedures.
ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN
APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE
FOR INTELLIGENCE-RELATED ACTIVITIES
SEC. 1014.
Section 106 of the National Security Act of 1947 (50 U.S.C. §403-6) is amended
by striking all after the heading and inserting the following:
[amendments omitted here – see the National Security Act of 1947 in this book]
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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
EXECUTIVE SCHEDULE MATTERS
SEC. 1015.
(a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 of title 5, United States
Code, is amended by adding at the end the following new item:
“Director of National Intelligence.”.
(b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5, United States
Code, is amended by adding at the end the following new items:
“Principal Deputy Director of National Intelligence.
“Director of the National Counterterrorism Center.
“Director of the National Counter Proliferation Center.”.
(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, United States
Code, is amended—
(1) by striking the item relating to the Assistant Directors of Central
Intelligence; and
(2) by adding at the end the following new item:
“General Counsel of the Office of the National Intelligence Director.”.
INFORMATION SHARING
SEC. 1016.
(a) DEFINITIONS.—In this section:
(1) HOMELAND SECURITY INFORMATION.—The term “homeland
security information” has the meaning given that term in section 892(f)
of the Homeland Security Act of 2002 (6 U.S.C. §482(f)).
(2) INFORMATION SHARING COUNCIL.—The term “Information Sharing
Council” means the Information Systems Council established by
Executive Order 13356, or any successor body designated by the
President, and referred to under subsection (g).
(3) INFORMATION SHARING ENVIRONMENT; ISE.—The terms
“information sharing environment” and “ISE” mean an approach that
facilitates the sharing of terrorism and homeland security information,
which may include any method determined necessary and appropriate for
carrying out this section.
(4) PROGRAM MANAGER.—The term “program manager” means the
program manager designated under subsection (f).
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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
(5) TERRORISM INFORMATION.—The term “terrorism information”—
(A) means all information, whether collected, produced, or
distributed by intelligence, law enforcement, military, homeland
security, or other activities relating to—
(i) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or
individuals involved in transnational terrorism;
(ii) threats posed by such groups or individuals to the
United States, United States persons, or United States
interests, or to those of other nations;
(iii) communications of or by such groups or individuals;
or
(iv) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals;
and
(B) includes weapons of mass destruction information.
(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The term
“weapons of mass destruction information” means information that could
reasonably be expected to assist in the development, proliferation, or use
of a weapon of mass destruction (including a chemical, biological,
radiological, or nuclear weapon) that could be used by a terrorist
organization against the United States, including information about the
location of any stockpile of nuclear materials that could be exploited for
use in such a weapon that could be used by a terrorist or a terrorist
organization against the United States.
(b) INFORMATION SHARING ENVIRONMENT.—
(1) ESTABLISHMENT.—The President shall—
(A) create an information sharing environment for the sharing of
terrorism information in a manner consistent with national
security and with applicable legal standards relating to privacy
and civil liberties;
(B) designate the organizational and management structures that
will be used to operate and manage the ISE; and
(C) determine and enforce the policies, directives, and rules that
will govern the content and usage of the ISE.
(2) ATTRIBUTES.—The President shall, through the structures described
in subparagraphs (B) and (C) of paragraph (1), ensure that the ISE
provides and facilitates the means for sharing terrorism information
among all appropriate Federal, State, local, and tribal entities, and the
private sector through the use of policy guidelines and technologies. The
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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
President shall, to the greatest extent practicable, ensure that the ISE
provides the functional equivalent of, or otherwise supports, a
decentralized, distributed, and coordinated environment that—
(A) connects existing systems, where appropriate, provides no
single points of failure, and allows users to share information
among agencies, between levels of government, and, as
appropriate, with the private sector;
(B) ensures direct and continuous online electronic access to
information;
(C) facilitates the availability of information in a form and
manner that facilitates its use in analysis, investigations and
operations;
(D) builds upon existing systems capabilities currently in use
across the Government;
(E) employs an information access management approach that
controls access to data rather than just systems and networks,
without sacrificing security;
(F) facilitates the sharing of information at and across all levels
of security;
(G) provides directory services, or the functional equivalent, for
locating people and information;
(H) incorporates protections for individuals’ privacy and civil
liberties;
(I) incorporates strong mechanisms to enhance accountability
and facilitate oversight, including audits, authentication, and
access controls;
(J) integrates the information within the scope of the information
sharing environment, including any such information in legacy
technologies;
(K) integrates technologies, including all legacy technologies,
through Internet-based services, consistent with appropriate
security protocols and safeguards, to enable connectivity among
required users at the Federal, State, and local levels;
(L) allows the full range of analytic and operational activities
without the need to centralize information within the scope of the
information sharing environment;
(M) permits analysts to collaborate both independently and in a
group (commonly known as “collective and non-collective
collaboration”), and across multiple levels of national security
information and controlled classified information;
(N) provides a resolution process that enables changes by
authorized officials regarding rules and policies for the use, and
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retention of information within the scope of the information
sharing environment; and
(O) incorporates continuous, real-time, and immutable audit
capabilities, to the maximum extent possible.
(c) PRELIMINARY REPORT.—Not later than 180 days after the date of the
enactment of this Act, the program manager shall, in consultation with the
Information Sharing Council—
(1) submit to the President and Congress a description of the
technological, legal, and policy issues presented by the creation of the
ISE, and the way in which these issues will be addressed;
(2) establish an initial capability to provide electronic directory services,
or the functional equivalent, to assist in locating in the Federal
Government intelligence and terrorism information and people with
relevant knowledge about intelligence and terrorism information; and
(3) conduct a review of relevant current Federal agency capabilities,
databases, and systems for sharing information.
(d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but in no event later
than 270 days after the date of the enactment of this Act, the President shall—
(1) leverage all ongoing efforts consistent with establishing the ISE and
issue guidelines for acquiring, accessing, sharing, and using information,
including guidelines to ensure that information is provided in its most
shareable form, such as by using tearlines to separate out data from the
sources and methods by which the data are obtained;
(2) in consultation with the Privacy and Civil Liberties Oversight Board
established under section 1061, issue guidelines that—
(A) protect privacy and civil liberties in the development and use
of the ISE; and
(B) shall be made public, unless nondisclosure is clearly
necessary to protect national security; and
(3) require the heads of Federal departments and agencies to promote a
culture of information sharing by—
(A) reducing disincentives to information sharing, including
over-classification of information and unnecessary requirements
for originator approval, consistent with applicable laws and
regulations; and
(B) providing affirmative incentives for information sharing.
(e) IMPLEMENTATION PLAN REPORT.—Not later than one year after the date of
the enactment of this Act, the President shall, with the assistance of the program
manager, submit to Congress a report containing an implementation plan for the
ISE. The report shall include the following:
(1) A description of the functions, capabilities, resources, and conceptual
design of the ISE, including standards.
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(2) A description of the impact on enterprise architectures of
participating agencies.
(3) A budget estimate that identifies the incremental costs associated
with designing, testing, integrating, deploying, and operating the ISE.
(4) A project plan for designing, testing, integrating, deploying, and
operating the ISE.
(5) The policies and directives referred to in subsection (b)(1)(C), as well
as the metrics and enforcement mechanisms that will be utilized.
(6) Objective, systemwide performance measures to enable the
assessment of progress toward achieving the full implementation of the
ISE.
(7) A description of the training requirements needed to ensure that the
ISE will be adequately implemented and properly utilized.
(8) A description of the means by which privacy and civil liberties will
be protected in the design and operation of the ISE.
(9) The recommendations of the program manager, in consultation with
the Information Sharing Council, regarding whether, and under what
conditions, the ISE should be expanded to include other intelligence
information.
(10) A delineation of the roles of the Federal departments and agencies
that will participate in the ISE, including an identification of the agencies
that will deliver the infrastructure needed to operate and manage the ISE
(as distinct from individual department or agency components that are
part of the ISE), with such delineation of roles to be consistent with—
(A) the authority of the Director of National Intelligence under
this title, and the amendments made by this title, to set standards
for information sharing throughout the intelligence community;
and
(B) the authority of the Secretary of Homeland Security and the
Attorney General, and the role of the Department of Homeland
Security and the Attorney General, in coordinating with State,
local, and tribal officials and the private sector.
(11) The recommendations of the program manager, in consultation with
the Information Sharing Council, for a future management structure for
the ISE, including whether the position of program manager should
continue to remain in existence.
(f) PROGRAM MANAGER.—
(1) DESIGNATION.—Not later than 120 days after the date of the
enactment of this Act, with notification to Congress, the President shall
designate an individual as the program manager responsible for
information sharing across the Federal Government. The individual
designated as the program manager shall serve as program manager until
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removed from service or replaced by the President (at the President’s
sole discretion). The program manager, in consultation with the head of
any affected department or agency, shall have and exercise
governmentwide authority over the sharing of information within the
scope of the information sharing environment, including homeland
security information, terrorism information, and weapons of mass
destruction information, by all Federal departments, agencies, and
components, irrespective of the Federal department, agency, or
component in which the program manager may be administratively
located, except as provided by law.
(2) DUTIES AND RESPONSIBILITIES.—
(A) IN GENERAL.—The program manager shall, in consultation
with the Information Sharing Council—
(i) plan for and oversee the implementation of, and
manage, the ISE;
(ii) assist in the development of policies, as appropriate,
to foster the development and proper operation of the
ISE;
(iii) consistent with the direction and policies issued by
the President, the Director of National Intelligence, and
the Director of the Office of Management and Budget,
issue governmentwide procedures, guidelines,
instructions, and functional standards, as appropriate, for
the management, development, and proper operation of
the ISE;
(iv) identify and resolve information sharing disputes
between Federal departments, agencies, and
components; and
(v) assist, monitor, and assess the implementation of the
ISE by Federal departments and agencies to ensure
adequate progress, technological consistency and policy
compliance; and regularly report the findings to
Congress.
(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES,
AND STANDARDS.—The policies, procedures, guidelines, rules,
and standards under subparagraph (A)(ii) shall—
(i) take into account the varying missions and security
requirements of agencies participating in the ISE;
(ii) address development, implementation, and oversight
of technical standards and requirements;

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(iii) take into account ongoing and planned efforts that
support development, implementation and management
of the ISE;
(iv) address and facilitate information sharing between
and among departments and agencies of the intelligence
community, the Department of Defense, the homeland
security community and the law enforcement
community;
(v) address and facilitate information sharing between
Federal departments and agencies and State, tribal, and
local governments;
(vi) address and facilitate, as appropriate, information
sharing between Federal departments and agencies and
the private sector;
(vii) address and facilitate, as appropriate, information
sharing between Federal departments and agencies with
foreign partners and allies; and
(viii) ensure the protection of privacy and civil liberties.
(g) INFORMATION SHARING COUNCIL.—
(1) ESTABLISHMENT.—There is established an Information Sharing
Council that shall assist the President and the program manager in their
duties under this section. The Information Sharing Council shall serve
until removed from service and replaced by the President (at the sole
discretion of the President) with a successor body.
(2) SPECIFIC DUTIES.—In assisting the President and the program
manager in their duties under this section, the Information Sharing
Council shall—
(A) advise the President and the program manager in developing
policies, procedures, guidelines, roles, and standards necessary
to establish, implement, and maintain the ISE;
(B) work to ensure coordination among the Federal departments
and agencies participating in the ISE in the establishment,
implementation, and maintenance of the ISE;
(C) identify and, as appropriate, recommend the consolidation
and elimination of current programs, systems, and processes
used by Federal departments and agencies to share information,
and recommend, as appropriate, the redirection of existing
resources to support the ISE;
(D) identify gaps, if any, between existing technologies,
programs and systems used by Federal departments and agencies
to share information and the parameters of the proposed
information sharing environment;
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(E) recommend solutions to address any gaps identified under
subparagraph (D);
(F) recommend means by which the ISE can be extended to
allow interchange of information between Federal departments
and agencies and appropriate authorities of State and local
governments;
(G) assist the program manager in identifying and resolving
information sharing disputes between Federal departments,
agencies, and components;
(H) identify appropriate personnel for assignment to the program
manager to support staffing needs identified by the program
manager; and
(I) recommend whether or not, and by which means, the ISE
should be expanded so as to allow future expansion
encompassing other relevant categories of information.
(3) CONSULTATION.—In performing its duties, the Information Sharing
Council shall consider input from persons and entities outside the Federal
Government having significant experience and expertise in policy,
technical matters, and operational matters relating to the ISE.
(4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The
Information Sharing Council (including any subsidiary group of the
Information Sharing Council) shall not be subject to the requirements of
the Federal Advisory Committee Act (5 U.S.C. App.).
(5) DETAILEES.—Upon a request by the Director of National
Intelligence, the departments and agencies represented on the
Information Sharing Council shall detail to the program manager, on a
reimbursable basis, appropriate personnel identified under paragraph
(2)(H).
(h) PERFORMANCE MANAGEMENT REPORTS.—
(1) IN GENERAL.—Not later than two years after the date of the
enactment of this Act, and not later than June 30 of each year thereafter,
the President shall submit to Congress a report on the state of the ISE and
of information sharing across the Federal Government.
(2) CONTENT.—Each report under this subsection shall include—
(A) a progress report on the extent to which the ISE has been
implemented, including how the ISE has fared on the
performance measures and whether the performance goals set in
the preceding year have been met;
(B) objective system-wide performance goals for the following
year;
(C) an accounting of how much was spent on the ISE in the
preceding year;
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(D) actions taken to ensure that procurement of and investments
in systems and technology are consistent with the
implementation plan for the ISE;
(E) the extent to which all terrorism watch lists are available for
combined searching in real time through the ISE and whether
there are consistent standards for placing individuals on, and
removing individuals from, the watch lists, including the
availability of processes for correcting errors;
(F) the extent to which State, tribal, and local officials are
participating in the ISE;
(G) the extent to which private sector data, including information
from owners and operators of critical infrastructure, is
incorporated in the ISE, and the extent to which individuals and
entities outside the government are receiving information
through the ISE;
(H) the measures taken by the Federal government to ensure the
accuracy of information in the ISE, in particular the accuracy of
information about individuals;
(I) an assessment of the privacy and civil liberties protections of
the ISE, including actions taken in the preceding year to
implement or enforce privacy and civil liberties protections; and
(J) an assessment of the security protections used in the ISE.
(i) AGENCY RESPONSIBILITIES.—The head of each department or agency that
possesses or uses intelligence or terrorism information, operates a system in the
ISE, or otherwise participates (or expects to participate) in the ISE shall—
(1) ensure full department or agency compliance with information
sharing policies, procedures, guidelines, rules, and standards established
under subsections (b) and (f);
(2) ensure the provision of adequate resources for systems and activities
supporting operation of and participation in the ISE;
(3) ensure full department or agency cooperation in the development of
the ISE to implement government-wide information sharing; and
(4) submit, at the request of the President or the program manager, any
reports on the implementation of the requirements of the ISE within such
department or agency.
(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of
the Implementing Recommendations of the 9/11 Commission Act of
2007, the President shall report to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Homeland Security of the
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House of Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives on the feasibility of—
(A) eliminating the use of any marking or process (including
“Originator Control”) intended to, or having the effect of,
restricting the sharing of information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information, between and among participants in the
information sharing environment, unless the President has—
(i) specifically exempted categories of information from
such elimination; and
(ii) reported that exemption to the committees of
Congress described in the matter preceding this
subparagraph; and
(B) continuing to use Federal agency standards in effect on such
date of enactment for the collection, sharing, and access to
information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information,
relating to citizens and lawful permanent residents;
(C) replacing the standards described in subparagraph (B) with a
standard that would allow mission-based or threat-based
permission to access or share information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information, for a particular purpose that the Federal
Government, through an appropriate process established in
consultation with the Privacy and Civil Liberties Oversight
Board established under section 1061, has determined to be
lawfully permissible for a particular agency, component, or
employee (commonly known as an “authorized use” standard);
and
(D) the use of anonymized data by Federal departments,
agencies, or components collecting, possessing, disseminating,
or handling information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, in any cases in which—
(i) the use of such information is reasonably expected to
produce results materially equivalent to the use of
information that is transferred or stored in a nonanonymized form; and
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(ii) such use is consistent with any mission of that
department, agency, or component (including any
mission under a Federal statute or directive of the
President) that involves the storage, retention, sharing, or
exchange of personally identifiable information.
(2) DEFINITION.—In this subsection, the term ‘anonymized data’ means
data in which the individual to whom the data pertains is not identifiable
with reasonable efforts, including information that has been encrypted or
hidden through the use of other technology.
(k) ADDITIONAL POSITIONS.—The program manager is authorized to hire not
more than 40 full-time employees to assist the program manager in—
(1) activities associated with the implementation of the information
sharing environment, including—
(A) implementing the requirements under subsection (b)(2); and
(B) any additional implementation initiatives to enhance and
expedite the creation of the information sharing environment;
and
(2) identifying and resolving information sharing disputes between
Federal departments, agencies, and components under subsection
(f)(2)(A)(iv).
(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal years 2008
and 2009.
ALTERNATIVE ANALYSIS OF INTELLIGENCE
BY THE INTELLIGENCE COMMUNITY
SEC. 1017.
(a) IN GENERAL.—Not later than 180 days after the effective date of this Act, the
Director of National Intelligence shall establish a process and assign an
individual or entity the responsibility for ensuring that, as appropriate, elements
of the intelligence community conduct alternative analysis (commonly referred to
as “red-team analysis”) of the information and conclusions in intelligence
products.
(b) REPORT- Not later than 270 days after the effective date of this Act, the
Director of National Intelligence shall provide a report to the Select Committee
on Intelligence of the Senate and the Permanent Select Committee of the House
of Representatives on the implementation of subsection (a).

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PRESIDENTIAL GUIDELINES ON IMPLEMENTATION
AND PRESERVATION OF AUTHORITIES
SEC. 1018.
The President shall issue guidelines to ensure the effective implementation and
execution within the executive branch of the authorities granted to the Director of
National Intelligence by this title and the amendments made by this title, in a
manner that respects and does not abrogate the statutory responsibilities of the
heads of the departments of the United States Government concerning such
departments, including, but not limited to:
(1) the authority of the Director of the Office of Management and
Budget; and
(2) the authority of the principal officers of the executive departments as
heads of their respective departments, including, but not limited to,
under—
(A) section 199 of the Revised Statutes (22 U.S.C. §2651);
(B) title II of the Department of Energy Organization Act (42
U.S.C. §7131 et seq.);
(C) the State Department Basic Authorities Act of 1956;
(D) section 102(a) of the Homeland Security Act of 2002 (6
U.S.C. §112(a)); and
(E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of
title 28, and 301(b) of title 31, United States Code.
ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC INTEGRITY
SEC. 1019.
(a) ASSIGNMENT OF RESPONSIBILITIES.—For purposes of carrying out section
102A(h) of the National Security Act of 1947 (as added by section 1011(a)), the
Director of National Intelligence shall, not later than 180 days after the date of
the enactment of this Act, assign an individual or entity to be responsible for
ensuring that finished intelligence products produced by any element or elements
of the intelligence community are timely, objective, independent of political
considerations, based upon all sources of available intelligence, and employ the
standards of proper analytic tradecraft.
(b) RESPONSIBILITIES.—(1) The individual or entity assigned responsibility
under subsection (a)—
(A) may be responsible for general oversight and management of
analysis and production, but may not be directly responsible for,
or involved in, the specific production of any finished
intelligence product;
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(B) shall perform, on a regular basis, detailed reviews of finished
intelligence product or other analytic products by an element or
elements of the intelligence community covering a particular
topic or subject matter;
(C) shall be responsible for identifying on an annual basis
functional or topical areas of analysis for specific review under
subparagraph (B); and
(D) upon completion of any review under subparagraph (B), may
draft lessons learned, identify best practices, or make
recommendations for improvement to the analytic tradecraft
employed in the production of the reviewed product or products.
(2) Each review under paragraph (1)(B) should—
(A) include whether the product or products concerned were
based on all sources of available intelligence, properly describe
the quality and reliability of underlying sources, properly caveat
and express uncertainties or confidence in analytic judgments,
properly distinguish between underlying intelligence and the
assumptions and judgments of analysts, and incorporate, where
appropriate, alternative analyses; and
(B) ensure that the analytic methodologies, tradecraft, and
practices used by the element or elements concerned in the
production of the product or products concerned meet the
standards set forth in subsection (a).
(3) Information drafted under paragraph (1)(D) should, as appropriate, be
included in analysis teaching modules and case studies for use
throughout the intelligence community.
(c) ANNUAL REPORTS.—Not later than December 1 each year, the Director of
National Intelligence shall submit to the congressional intelligence committees,
the heads of the relevant elements of the intelligence community, and the heads
of analytic training departments a report containing a description, and the
associated findings, of each review under subsection (b)(1)(B) during such year.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the
term “congressional intelligence committees” means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of
Representatives.
SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS
SEC. 1020.
(a) IN GENERAL.—Not later than 180 days after the effective date of this Act, the
Director of National Intelligence shall identify an individual within the Office of
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the Director of National Intelligence who shall be available to analysts within the
Office of the Director of National Intelligence to counsel, conduct arbitration,
offer recommendations, and, as appropriate, initiate inquiries into real or
perceived problems of analytic tradecraft or politicization, biased reporting, or
lack of objectivity in intelligence analysis.
(b) REPORT. —Not later than 270 days after the effective date of this Act, the
Director of National Intelligence shall provide a report to the Select Committee
on Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives on the implementation of subsection
(a).
SUBTITLE B—NATIONAL COUNTERTERRORISM CENTER,
NATIONAL COUNTER PROLIFERATION CENTER, AND
NATIONAL INTELLIGENCE CENTERS
NATIONAL COUNTERTERRORISM CENTER
SEC. 1021.
Title I of the National Security Act of 1947 (50 U.S.C. §402 et seq.) is amended
by adding at the end the following new section:
[amendments omitted here – see the National Security Act of 1947 in this book]
NATIONAL COUNTER PROLIFERATION CENTER
SEC. 1022.
Title I of the National Security Act of 1947, as amended by section 1021 of this
Act, is further amended by adding at the end the following new section:
[amendments omitted here – see the National Security Act of 1947 in this book]
NATIONAL INTELLIGENCE CENTERS
SEC. 1023.
Title I of the National Security Act of 1947, as amended by section 1022 of this
Act, is further amended by adding at the end the following new section:
[amendments omitted here – see the National Security Act of 1947 in this book]

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SUBTITLE C—JOINT INTELLIGENCE COMMUNITY COUNCIL
JOINT INTELLIGENCE COMMUNITY COUNCIL
SEC. 1031.
Title I of the National Security Act of 1947 (50 U.S.C. §402 et seq.) is amended
by inserting after section 101 the following new section:
[amendments omitted here – see the National Security Act of 1947 in this book]
SUBTITLE D—IMPROVEMENT OF EDUCATION FOR
THE INTELLIGENCE COMMUNITY
ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS
SEC. 1041.
(a) FINDINGS.—Congress makes the following findings:
(1) Foreign language education is essential for the development of a
highly-skilled workforce for the intelligence community.
(2) Since September 11, 2001, the need for language proficiency levels
to meet required national security functions has been raised, and the
ability to comprehend and articulate technical and scientific information
in foreign languages has become critical.
(b) LINGUISTIC REQUIREMENTS.—(1) The Director of National Intelligence
shall—
(A) identify the linguistic requirements for the Office of the
Director of National Intelligence;
(B) identify specific requirements for the range of linguistic
skills necessary for the intelligence community, including
proficiency in scientific and technical vocabularies of critical
foreign languages; and
(C) develop a comprehensive plan for the Office to meet such
requirements through the education, recruitment, and training of
linguists.
(2) In carrying out activities under paragraph (1), the Director shall take
into account education grant programs of the Department of Defense and
the Department of Education that are in existence as of the date of the
enactment of this Act.
(3) Not later than one year after the date of the enactment of this Act, and
annually thereafter, the Director shall submit to Congress a report on the
requirements identified under paragraph (1), including the success of the
Office of the Director of National Intelligence in meeting such
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requirements. Each report shall notify Congress of any additional
resources determined by the Director to be required to meet such
requirements.
(4) Each report under paragraph (3) shall be in unclassified form, but
may include a classified annex.
(c) PROFESSIONAL INTELLIGENCE TRAINING.—The Director of National
Intelligence shall require the head of each element and component within the
Office of the Director of National Intelligence who has responsibility for
professional intelligence training to periodically review and revise the curriculum
for the professional intelligence training of the senior and intermediate level
personnel of such element or component in order to—
(1) strengthen the focus of such curriculum on the integration of
intelligence collection and analysis throughout the Office; and
(2) prepare such personnel for duty with other departments, agencies, and
elements of the intelligence community.
CROSS-DISCIPLINARY EDUCATION AND TRAINING.
SEC. 1042.
Title X of the National Security Act of 1947 (50 U.S.C. §441g) is amended by
adding at the end the following new section:
[amendments omitted here – see the National Security Act of 1947 in this book]
INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
SEC. 1043.
Title X of the National Security Act of 1947, as amended by section 1042 of this
Act, is further amended by adding at the end the following new section:
[amendments omitted here – see the National Security Act of 1947 in this book]
SUBTITLE E—ADDITIONAL IMPROVEMENTS OF INTELLIGENCE ACTIVITIES
SERVICE AND NATIONAL LABORATORIES AND
THE INTELLIGENCE COMMUNITY
SEC. 1051.
The Director of National Intelligence, in cooperation with the Secretary of
Defense and the Secretary of Energy, should seek to ensure that each service
laboratory of the Department of Defense and each national laboratory of the
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Department of Energy may, acting through the relevant Secretary and in a
manner consistent with the missions and commitments of the laboratory—
(1) assist the Director of National Intelligence in all aspects of technical
intelligence, including research, applied sciences, analysis, technology
evaluation and assessment, and any other aspect that the relevant
Secretary considers appropriate; and
(2) make available to the intelligence community, on a community-wide
basis—
(A) the analysis and production services of the service and
national laboratories, in a manner that maximizes the capacity
and services of such laboratories; and
(B) the facilities and human resources of the service and national
laboratories, in a manner that improves the technological
capabilities of the intelligence community.
OPEN SOURCE INTELLIGENCE
SEC. 1052.
(a) Sense of Congress- It is the sense of Congress that—
(1) the Director of National Intelligence should establish an intelligence
center for the purpose of coordinating the collection, analysis,
production, and dissemination of open-source intelligence to elements of
the intelligence community;
(2) open-source intelligence is a valuable source that must be integrated
into the intelligence cycle to ensure that United States policymakers are
fully and completely informed; and
(3) the intelligence center should ensure that each element of the
intelligence community uses open-source intelligence consistent with the
mission of such element.
(b) REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNITY OF OPENSOURCE INTELLIGENCE.—The Director of National Intelligence shall ensure that
the intelligence community makes efficient and effective use of open-source
information and analysis.
(c) Report- Not later than June 30, 2005, the Director of National Intelligence
shall submit to the congressional intelligence committees a report containing the
decision of the Director as to whether an open-source intelligence center will be
established. If the Director decides not to establish an open-source intelligence
center, such report shall also contain a description of how the intelligence
community will use open-source intelligence and effectively integrate opensource intelligence into the national intelligence cycle.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the
term “congressional intelligence committees’ means—
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(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of
Representatives.
NATIONAL INTELLIGENCE RESERVE CORPS
SEC. 1053.
(a) ESTABLISHMENT.—The Director of National Intelligence may provide for
the establishment and training of a National Intelligence Reserve Corps (in this
section referred to as “National Intelligence Reserve Corps”) for the temporary
reemployment on a voluntary basis of former employees of elements of the
intelligence community during periods of emergency, as determined by the
Director.
(b) ELIGIBLE INDIVIDUALS.—An individual may participate in the National
Intelligence Reserve Corps only if the individual previously served as a full time
employee of an element of the intelligence community.
(c) TERMS OF PARTICIPATION.—The Director of National Intelligence shall
prescribe the terms and conditions under which eligible individuals may
participate in the National Intelligence Reserve Corps.
(d) EXPENSES.—The Director of National Intelligence may provide members of
the National Intelligence Reserve Corps transportation and per diem in lieu of
subsistence for purposes of participating in any training that relates to service as
a member of the Reserve Corps.
(e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving an annuity from
the Civil Service Retirement and Disability Fund becomes temporarily
reemployed pursuant to this section, such annuity shall not be discontinued
thereby.
(2) An annuitant so reemployed shall not be considered an employee for
the purposes of chapter 83 or 84 of title 5, United States Code.
(f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE
PERSONNEL CEILING.—A member of the National Intelligence Reserve Corps
who is reemployed on a temporary basis pursuant to this section shall not count
against any personnel ceiling applicable to the Office of the Director of National
Intelligence.

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SUBTITLE F—PRIVACY AND CIVIL LIBERTIES
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
SEC. 1061.
(a) FINDINGS.—Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the following
findings:
(1) In conducting the war on terrorism, the Federal Government may
need additional powers and may need to enhance the use of its existing
powers.
(2) This potential shift of power and authority to the Federal Government
calls for an enhanced system of checks and balances to protect the
precious liberties that are vital to our way of life.
(b) ESTABLISHMENT OF BOARD.—There is established within the Executive
Office of the President a Privacy and Civil Liberties Oversight Board (referred to
in this section as the “Board”).
(c) FUNCTIONS.—
(1) ADVICE AND COUNSEL ON DEVELOPMENT OF POLICY.—For the
purpose of providing advice to the President or to the head of any
department or agency of the executive branch, the Board shall—
(A) review proposed regulations and executive branch policies
related to efforts to protect the Nation from terrorism, including
the development and adoption of information sharing guidelines
under subsections (d) and (f) of section 1016;
(B) review the implementation of laws, regulations, and
executive branch policies related to efforts to protect the Nation
from terrorism, including the implementation of information
sharing guidelines under subsections (d) and (f) of section 1016;
(C) advise the President and the head of any department or
agency of the executive branch to ensure that privacy and civil
liberties are appropriately considered in the development and
implementation of such regulations and executive branch
policies; and
(D) in providing advice on proposals to retain or enhance a
particular governmental power, consider whether the department,
agency, or element of the executive branch concerned has
explained—
(i) that there is adequate supervision of the use by the
executive branch of the power to ensure protection of
privacy and civil liberties;
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(ii) that there are adequate guidelines and oversight to
properly confine the use of the power; and
(iii) that the need for the power, including the risk
presented to the national security if the Federal
Government does not take certain actions, is balanced
with the need to protect privacy and civil liberties.
(2) OVERSIGHT.—The Board shall continually review—
(A) regulations, executive branch policies, and procedures
(including the implementation of such regulations, policies, and
procedures), related laws pertaining to efforts to protect the
Nation from terrorism, and other actions by the executive branch
related to efforts to protect the Nation from terrorism to ensure
that privacy and civil liberties are protected; and
(B) the information sharing practices of the departments,
agencies, and elements of the executive branch to determine
whether or not such practices appropriately protect privacy and
civil liberties and adhere to the information sharing guidelines
under subsections (d) and (f) of section 1016 and to other
applicable laws, regulations, and executive branch policies
regarding the protection of privacy and civil liberties.
(3) SCOPE.—The Board shall ensure that concerns with respect to
privacy and civil liberties are appropriately considered in the
implementation of laws, regulations, and executive branch policies
related to efforts to protect the Nation against terrorism.
(4) REPORTS TO CONGRESS.—Not less frequently than annually, the
Board shall prepare a report to Congress, unclassified to the greatest
extent possible (with a classified annex, if necessary), on the Board’s
major activities during the preceding period.
(d) ACCESS TO INFORMATION.—
(1) AUTHORIZATION.—If determined by the Board to be necessary to
carry out its responsibilities under this section, the Board is authorized,
to the extent permitted by law, to—
(A) have access from any department or agency of the executive
branch, or any Federal officer or employee of any such
department or agency, to all relevant records, reports, audits,
reviews, documents, papers, recommendations, or other relevant
material, including classified information consistent with
applicable law;
(B) interview or take statements from officers of any department
or agency of the executive branch;
(C) request information or assistance from any State, tribal, or
local government; and
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(D)(i) request that persons (other than departments, agencies, and
elements of the executive branch) produce for the Board relevant
information, documents, reports, answers, records, accounts,
papers, and other documentary and testimonial evidence; and
(ii) if the person to whom such a request is directed does not
comply with the request within 45 days of receipt of such
request, notify the Attorney General of such person’s failure to
comply with such request, which notice shall include all relevant
information.
(2) PRODUCTION OF INFORMATION AND EVIDENCE.—
(A) EXPLANATION OF NONCOMPLIANCE.—Upon receiving
notification under paragraph (1)(D)(ii) regarding a request, the
Attorney General shall provide an opportunity for the person
subject to the request to explain the reasons for not complying
with the request.
(B) ACTION BY ATTORNEY GENERAL.—Upon receiving
notification under paragraph (1)(D)(ii) regarding a request, the
Attorney General shall review the request and may take such
steps as appropriate to ensure compliance with the request for the
information, documents, reports, answers, records, accounts,
papers, and other documentary and testimonial evidence covered
by the request.
(3) AGENCY COOPERATION.—Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is, in the
judgment of the Board, unreasonably refused or not provided, the Board
shall report the circumstances to the head of the department or agency
concerned without delay. If the requested information or assistance may
be provided to the Board in accordance with applicable law, the head of
the department or agency concerned shall ensure compliance with such
request.
(4) EXCEPTIONS FOR NATIONAL SECURITY.—
(A) IN GENERAL.—If the National Intelligence Director, in
consultation with the Attorney General, determines that it is
necessary to withhold information requested under paragraph (3)
to protect the national security interests of the United States, the
head of the department or agency concerned shall not furnish
such information to the Board.
(B) CERTAIN INFORMATION.—If the Attorney General
determines that it is necessary to withhold information requested
under paragraph (3) from disclosure to protect sensitive law
enforcement or counterterrorism information or ongoing
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operations, the head of the department or agency concerned shall
not furnish such information to the Board.
(e) MEMBERSHIP.—
(1) MEMBERS.—
(A) IN GENERAL.—The Board shall be composed of a chairman,
a vice chairman, and three additional members appointed by the
President.
(B) CHAIRMAN AND VICE CHAIRMAN.—The chairman and vice
chairman shall each be appointed by the President, by and with
the advice and consent of the Senate.
(C) APPOINTMENT REQUIREMENTS.—Any individual appointed
to the Board shall be appointed from among trustworthy and
distinguished citizens outside the Federal Government who are
qualified on the basis of achievement, experience, and
independence.
(D) FULL-TIME SERVICE OF CHAIRMAN.—chairman may serve
on a full-time basis.
(E) SERVICE AT PLEASURE OF PRESIDENT.—The chairman, vice
chairman, and other members of the Board shall each serve at the
pleasure of the President.
(2) INCOMPATIBLE OFFICE.—An individual appointed to the Board may
not, while serving on the Board, be an elected official, officer, or
employee of the Federal Government, other than in the capacity as a
member of the Board.
(3) QUORUM AND MEETINGS.—The Board shall meet upon the call of
the chairman or a majority of its members. Three members of the Board
shall constitute a quorum.
(f) COMPENSATION AND TRAVEL EXPENSES.—
(1) COMPENSATION.—
(A) CHAIRMAN ON FULL-TIME BASIS.—If the chairman serves
on a full-time basis, the rate of pay for the chairman shall be the
annual rate of basic pay in effect for a position at level III of the
Executive Schedule under section 5314 of title 5, United States
Code.
(B) CHAIRMAN AND VICE CHAIRMAN ON PART-TIME BASIS.—
The chairman, if serving on a part-time basis, and the vice
chairman 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 III of the Executive Schedule under section 5314 of title
5, United States Code, for each day during which such official is
engaged in the actual performance of the duties of the Board.
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(C) 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
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged 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 Federal Government under
section 5703(b) of title 5, United States Code, while away from their
homes or regular places of business in the performance of services for
the Board.
(g) STAFF.—
(1) APPOINTMENT AND COMPENSATION.—The chairman, in accordance
with rules agreed upon by the Board, shall appoint 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 competitive 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.—Federal employees may be detailed 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.
(3) CONSULTANT SERVICES.—The Board may procure the temporary or
intermittent services of experts and consultants in accordance with
section 3109 of title 5, United States Code, at rates that do not exceed the
daily rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of such title.
(h) SECURITY CLEARANCES.—The appropriate departments and agencies of the
executive branch shall cooperate with the Board to expeditiously provide Board
members and staff with appropriate security clearances to the extent possible
under applicable procedures and requirements. Promptly upon commencing its
work, the Board shall adopt, after consultation with the Secretary of Defense, the
Attorney General, and the National Intelligence Director, rules and procedures of
the Board for physical, communications, computer, document, personnel, and
other security in relation to the work of the Board.
(i) APPLICABILITY OF CERTAIN LAWS.—
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(1) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with respect to the Board
and its activities.
(2) FREEDOM OF INFORMATION ACT.—For purposes of the Freedom of
Information Act, the Board shall be treated as an agency (as that term is
defined in section 551(1) of title 5, United States Code).
(j) CONSTRUCTION.—Except as otherwise provided in this section, nothing in
this section shall be construed to require any consultation with the Board by any
department or agency of the executive branch or any Federal officer or employee,
or any waiting period that must be observed by any department or agency of the
executive branch or any Federal officer or employee, before developing,
proposing, or implementing any legislation, law, regulation, policy, or guideline
related to efforts to protect the Nation from terrorism.
(k) PRESIDENTIAL RESPONSIBILITY.—The Board shall perform its functions
within the executive branch and under the general supervision of the President.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SENSE OF CONGRESS ON DESIGNATION OF
PRIVACY AND CIVIL LIBERTIES OFFICERS
SEC. 1062.
It is the sense of Congress that each executive department or agency with law
enforcement or antiterrorism functions should designate a privacy and civil
liberties officer.
SUBTITLE G—CONFORMING AND OTHER AMENDMENTS
CONFORMING AMENDMENTS RELATING TO ROLES OF
DIRECTOR OF NATIONAL INTELLIGENCE AND
DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
SEC. 1071.
(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 “Director of
National Intelligence”:
(A) Section 101(h)(2)(A) (50 U.S.C. §402(h)(2)(A)).
(B) Section 101(h)(5) (50 U.S.C. §402(h)(5)).
(C) Section 101(i)(2)(A) (50 U.S.C. §402(i)(2)(A)).
(D) Section 101(j) (50 U.S.C. §402(j)).
(E) Section 105(a) (50 U.S.C. §403-5(a)).
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(F) Section 105(b)(6)(A) (50 U.S.C. §403-5(b)(6)(A)).
(G) Section 105B(a)(1) (50 U.S.C. §403-5b(a)(1)).
(H) Section 105B(b) (50 U.S.C. §403-5b(b)), the first place it
appears.
(I) Section 110(b) (50 U.S.C. §404e(b)).
(J) Section 110(c) (50 U.S.C. §404e(c)).
(K) Section 112(a)(1) (50 U.S.C. §404g(a)(1)).
(L) Section 112(d)(1) (50 U.S.C. §404g(d)(1)).
(M) Section 113(b)(2)(A) (50 U.S.C. §404h(b)(2)(A)).
(N) Section 114(a)(1) (50 U.S.C. §404i(a)(1)).
(O) Section 114(b)(1) (50 U.S.C. §404i(b)(1)).
(P) Section 115(a)(1) (50 U.S.C. §404j(a)(1)).
(Q) Section 115(b) (50 U.S.C. §404j(b)).
(R) Section 115(c)(1)(B) (50 U.S.C. §404j(c)(1)(B)).
(S) Section 116(a) (50 U.S.C. §404k(a)).
(T) Section 117(a)(1) (50 U.S.C. §404l(a)(1)).
(U) Section 303(a) (50 U.S.C. §405(a)), both places it appears.
(V) Section 501(d) (50 U.S.C. §413(d)).
(W) Section 502(a) (50 U.S.C. §413a(a)).
(X) Section 502(c) (50 U.S.C. §413a(c)).
(Y) Section 503(b) (50 U.S.C. §413b(b)).
(Z) Section 504(a)(3)(C) (50 U.S.C. §414(a)(3)(C)).
(AA) Section 504(d)(2) (50 U.S.C. §414(d)(2)).
(BB) Section 506A(a)(1) (50 U.S.C. §415a-1(a)(1)).
(CC) Section 603(a) (50 U.S.C. §423(a)).
(DD) Section 702(a)(1) (50 U.S.C. §432(a)(1)).
(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. §432(a)(6)(B)(viii)).
(FF) Section 702(b)(1) (50 U.S.C. §432(b)(1)), both places it
appears.
(GG) Section 703(a)(1) (50 U.S.C. §432a(a)(1)).
(HH) Section 703(a)(6)(B)(viii) (50 U.S.C. §432a(a)(6)(B)(viii)).
(II) Section 703(b)(1) (50 U.S.C. §432a(b)(1)), both places it
appears.
(JJ) Section 704(a)(1) (50 U.S.C. §432b(a)(1)).
(KK) Section 704(f)(2)(H) (50 U.S.C. §432b(f)(2)(H)).
(LL) Section 704(g)(1)) (50 U.S.C. §432b(g)(1)), both places it
appears.
(MM) Section 1001(a) (50 U.S.C. §441g(a)).
(NN) Section 1102(a)(1) (50 U.S.C. §442a(a)(1)).
(OO) Section 1102(b)(1) (50 U.S.C. §442a(b)(1)).
(PP) Section 1102(c)(1) (50 U.S.C. §442a(c)(1)).
(QQ) Section 1102(d) (50 U.S.C. §442a(d)).
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(2) That Act is further amended by striking “of Central Intelligence”
each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. §403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. §403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. §403-5b(b)), the second place it
appears.
(3) That Act is further amended by striking “Director” each place it
appears in the following provisions and inserting “Director of National
Intelligence”:
(A) Section 114(c) (50 U.S.C. §404i(c)).
(B) Section 116(b) (50 U.S.C. §404k(b)).
(C) Section 1001(b) (50 U.S.C. §441g(b)).
(D) Section 1001(c) (50 U.S.C. §441g(c)), the first place it
appears.
(E) Section 1001(d)(1)(B) (50 U.S.C. §441g(d)(1)(B)).
(F) Section 1001(e) (50 U.S.C. §441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. §404i-1) is amended by striking
“Director of Central Intelligence” and inserting “Director of National
Intelligence, the Director of the Central Intelligence Agency”
(5) Section 504(a)(2) of that Act (50 U.S.C. §414(a)(2)) is amended by
striking “Director of Central 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 Intelligence Agency may be exempted by the Director of
Central Intelligence” and inserting “The Director of the Central
Intelligence Agency, with the coordination of the Director of
National Intelligence, may exempt operational files of the
Central Intelligence Agency”; and
(B) in subsection (g)(1), by striking “Director of Central
Intelligence” and inserting “Director of the Central Intelligence
Agency and the Director of National Intelligence”.
(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 DIRECTOR OF NATIONAL INTELLIGENCE”.
(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
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striking “Director of Central Intelligence” each place it appears in the following
provisions and inserting “Director of National Intelligence”:
(A) Section 6 (50 U.S.C. §403g).
(B) Section 17(f) (50 U.S.C. §403q(f)), both places it appears.
(2) That Act is further amended by striking “of Central Intelligence” in
each of the following provisions:
(A) Section 2 (50 U.S.C. §403b).
(B) Section 16(c)(1)(B) (50 U.S.C. §403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. §403q(d)(1)).
(D) Section 20(c) (50 U.S.C. §403t(c)).
(3) That Act is further amended by striking “Director of Central
Intelligence” each place it appears in the following provisions and
inserting “Director of the Central Intelligence Agency”:
(A) Section 14(b) (50 U.S.C. §403n(b)).
(B) Section 16(b)(2) (50 U.S.C. §403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. §403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. §403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. §403u(g)(2)).
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section 101 of the
Central Intelligence Agency 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
Intelligence 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:
“(1) the term “Director” means the Director of the Central Intelligence
Agency;”.
(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—(1) The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) is amended by
striking “Director of Central Intelligence” each place it appears and inserting
“Director of National Intelligence”.
(f) CLASSIFIED INFORMATION PROCEDURES ACT.—Section 9(a) of the Classified
Information Procedures Act (5 U.S.C. App.) is amended by striking “Director of
Central Intelligence” and inserting “Director of National Intelligence”.
(g) INTELLIGENCE AUTHORIZATION ACTS.—
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(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 “Director of National Intelligence”.
(2) PUBLIC LAW 107-306- (A) The Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306) is amended by striking “Director
of Central Intelligence, acting as the head of the intelligence
community,” each place it appears in the following provisions and
inserting “Director of National Intelligence”:
(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 “Director of National Intelligence”:
(i) Section 904(e)(4) (50 U.S.C. §402c(e)(4)).
(ii) Section 904(e)(5) (50 U.S.C. §402c(e)(5)).
(iii) Section 904(h) (50 U.S.C. §402c(h)), each place it
appears.
(iv) Section 904(m) (50 U.S.C. §402c(m)).
(C) Section 341 of that Act (50 U.S.C. §404n-1) is amended by
striking “Director of Central Intelligence, acting as the head of
the intelligence community, shall establish in the Central
Intelligence Agency” and inserting “Director of National
Intelligence shall establish within the Central Intelligence
Agency”.
(D) Section 352(b) of that Act (50 U.S.C. §404-3 note) is
amended by striking “Director” and inserting “Director of
National Intelligence”.
(3) PUBLIC LAW 108-177- (A) The Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177) is amended by striking “Director
of Central Intelligence” each place it appears in the following provisions
and inserting “Director of National Intelligence”:
(i) Section 317(a) (50 U.S.C. §403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. §441g note).
(iv) Section 319(b) (50 U.S.C. §403 note).
(v) Section 341(b) (28 U.S.C. §519 note).
(vi) Section 357(a) (50 U.S.C. §403 note).
(vii) Section 504(a) (117 Stat. 2634), both places it
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(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 “Director of National Intelligence”.
(C) Section 404 of that Act (18 U.S.C. §4124 note) is amended
by striking “Director of Central Intelligence” and inserting
“Director of the Central Intelligence Agency”.
OTHER CONFORMING AMENDMENTS
SEC. 1072.
(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 “Principal Deputy Director of
National Intelligence”.
(2) Section 105(a) of that Act (50 U.S.C. §403-5(a)) is amended by
striking “The Secretary” in the matter preceding paragraph (1) and
inserting “Consistent with sections 102 and 102A, the Secretary”.
(3) Section 105(b) of that Act (50 U.S.C. §403-5(b)) is amended by
striking “103 and 104” in the matter preceding paragraph (1) and
inserting “102 and 102A”.
(4) 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(i) of
this Act”.
(5) Section 116(b) of that Act (50 U.S.C. §404k(b)) is amended by
striking “to the Deputy Director of Central Intelligence, or with respect
to employees of the Central Intelligence Agency, the Director may
delegate such authority to the Deputy Director for Operations” and
inserting “to the Principal Deputy Director of National Intelligence, or
with respect to employees of the Central Intelligence Agency, to the
Director of the Central Intelligence Agency”.
(6) 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 Director of National Intelligence”.
(7) Section 701(c)(3) of that Act (50 U.S.C. §431(c)(3)) is amended by
striking “Office of the Director of Central Intelligence” and inserting
“Office of the Director of National Intelligence”.
(8) Section 1001(b) of that Act (50 U.S.C. §441g(b)) is amended by
striking “Assistant Director of Central Intelligence for Administration”
and inserting “Office of the Director of National Intelligence”.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—Section 6 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. §403g) is amended by striking
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“section 103(c)(7) of the National Security Act of 1947 (50 U.S.C. §4033(c)(7))” and inserting “section 102A(i) of the National Security Act of 1947”.
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of the
Central Intelligence Agency Retirement Act (50 U.S.C. §2011(c)) is amended by
striking “paragraph (6) of section 103(c) of the National Security Act of 1947 (50
U.S.C. §403-3(c)) that the Director of Central Intelligence” and inserting “section
102A(i) of the National Security Act of 1947 (50 U.S.C. §403-3(c)(1)) that the
Director of National Intelligence”.
(d) INTELLIGENCE AUTHORIZATION ACTS.—
(1) PUBLIC LAW 107-306- (A) Section 343(c) of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 U.S.C.
§404n-2(c)) is amended by striking “section 103(c)(6) of the National
Security Act of 1947 (50 U.S.C. §403-3((c)(6))” and inserting “section
102A(i) of the National Security Act of 1947 (50 U.S.C. §403-3(c)(1))”.
(B)(i) Section 902 of that Act (also known as the
Counterintelligence Enhancements Act of 2002) (50 U.S.C.
§402b) is amended by striking “President” each place it appears
and inserting “Director of National Intelligence”.
(ii) Section 902(a)(2) of that Act is amended by striking
“Director of Central Intelligence” and inserting
“Director of the Central Intelligence Agency”.
(C) Section 904 of that Act (50 U.S.C. §402c) is amended—
(i) in subsection (c), by striking “Office of the Director
of Central Intelligence” and inserting “Office of the
Director of National Intelligence”; and
(ii) in subsection (l), by striking “Office of the Director
of Central Intelligence” and inserting “Office of the
Director of National Intelligence”.
(2) PUBLIC LAW 108-177- (A) Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C.
§403-3 note) is amended—
(i) in subsection (g), by striking “Assistant Director of
Central Intelligence for Analysis and Production” and
inserting “Deputy Director of National Intelligence”; and
(ii) in subsection (h)(2)(C), by striking “Assistant
Director” and inserting “Deputy Director of National
Intelligence”.
(B) Section 318(e) of that Act (50 U.S.C. §441g note) is
amended by striking “Assistant Director of Central Intelligence
for Analysis and Production” and inserting “Deputy Director of
National Intelligence”.
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ELEMENTS OF INTELLIGENCE COMMUNITY
UNDER NATIONAL SECURITY ACT OF 1947
SEC. 1073.
Paragraph (4) of section 3 of the National Security Act of 1947 (50 U.S.C.
§401a) is amended to read as follows:
“(4) The term “intelligence community” includes the following:
“(A) The Office of the Director of National Intelligence.
“(B) The Central Intelligence Agency.
“(C) The National Security Agency.
“(D) The Defense Intelligence Agency.
“(E) The National Geospatial-Intelligence Agency.
“(F) The National Reconnaissance Office.
“(G) Other offices within the Department of Defense for the
collection of specialized 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 Department of Homeland Security
concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
“(L) Such other elements of any other department or agency as
may be designated by the President, or designated jointly by the
Director of National Intelligence and the head of the department
or agency concerned, as an element of the intelligence
community.”.
REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM
AS NATIONAL INTELLIGENCE PROGRAM
SEC. 1074.
(a) REDESIGNATION.—Paragraph (6) of section 3 of the National Security Act of
1947 (50 U.S.C. §401a) is amended by striking “Foreign”.
(b) CONFORMING AMENDMENTS.—(1)(A) Section 506 of the National Security
Act of 1947 (50 U.S.C. §415a) is amended—
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(i) in subsection (a), by striking “National Foreign
Intelligence Program” and inserting “National
Intelligence Program”; and
(ii) in the section heading, by striking “FOREIGN”.
(B) Section 105 of that Act (50 U.S.C. §403-5) is amended—
(i) in paragraphs (2) and (3) of subsection (a), by striking
“National Foreign Intelligence Program” and inserting
“National Intelligence Program”; and
(ii) in the section heading, by striking “FOREIGN”.
(2) Section 17(f) of the Central Intelligence Agency Act of 1949 (50
U.S.C. §403q(f)) is amended by striking “National Foreign Intelligence
Program” and inserting “National Intelligence Program”.
REPEAL OF SUPERSEDED AUTHORITY
SEC. 1075.
Section 111 of the National Security Act of 1947 (50 U.S.C. §404f) is repealed.
CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947
SEC. 1076.
The table of contents in the first section of the National Security Act of 1947 is
amended—
(1) by striking the items relating to sections 102 through 105 and
inserting the following new items:
“SEC. 101A. Joint Intelligence Community Council.
“SEC. 102. Director of National Intelligence.
“SEC. 102A. Responsibilities and authorities of the Director of National
Intelligence.
“SEC. 103. Office of the Director of National Intelligence.
“SEC. 103A. Deputy Directors of National Intelligence.
“SEC. 103B. National Intelligence Council.
“SEC. 103C. General Counsel.
“SEC. 103D. Civil Liberties Protection Officer.
“SEC. 103E. Director of Science and Technology.
“SEC. 103F. National Counterintelligence Executive.
“SEC. 104. Central Intelligence Agency.
“SEC. 104A. Director of the Central Intelligence Agency.
“SEC. 105. Responsibilities of the Secretary of Defense pertaining to the
National Intelligence Program.”;
(2) by striking the item relating to section 111;
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(3) by striking the item relating to section 114 and inserting the following
new item:
“SEC. 114. Additional annual reports from the Director of National
Intelligence.”;
(4) by inserting after the item relating to section 118 the following new
items:
“SEC. 119. National Counterterrorism Center.
“SEC. 119A. National Counter Proliferation Center.
“SEC. 119B. National intelligence centers.
(5) by striking the item relating to section 506 and inserting the following
new item:
“SEC. 506. Specificity of National Intelligence Program budget amounts
for counterterrorism, counterproliferation, counternarcotics, and
counterintelligence.”;
and
(6) by inserting after the item relating to section 1001 the following new
items:
“SEC. 1002. Framework for cross-disciplinary education and training.
“SEC. 1003. Intelligence Community Scholarship Program.”.
CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE
OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
SEC. 1077.
Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C. §403a) is
amended—
(1) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2),
and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and inserting the
following new paragraph (2):
“(2) “Director” means the Director of the Central Intelligence Agency; and”.

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AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR
THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 1078.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after
section 8J the following new section:
“AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE
OF THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 8K. If the Director of National Intelligence determines that an
Office of Inspector General would be beneficial to improving the
operations and effectiveness of the Office of the Director of National
Intelligence, the Director of National Intelligence is authorized to
establish, with any of the duties, responsibilities, and authorities set forth
in this Act, an Office of Inspector General.”.
ETHICS MATTERS
SEC. 1079.
(a) POLITICAL SERVICE OR 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 Director of National Intelligence; or”.
(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS.—Section 7342(f)(4) of
title 5, United States Code, is amended—
(1) by inserting “(A)” after “(4)”;
(2) in subparagraph (A), as so designated, by striking “the Director of
Central Intelligence” and inserting “the Director of the Central
Intelligence Agency”; and
(3) by adding at the end the following new subparagraph:
“(B) In transmitting such listings for the Office of the Director of National
Intelligence, the Director of National Intelligence may delete the information
described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director
certifies in writing to the Secretary of State that the publication of such
information could adversely affect United States intelligence sources.”.

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(c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Section 105(a)(1) of the
Ethics in Government Act (5 U.S.C. App.) is amended by inserting “the Office of
the Director of National Intelligence,” before “the Central Intelligence Agency”.
CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE
TO ACQUIRE AND MANAGE PROPERTY AND SERVICES
SEC. 1080.
Section 113(e) of title 40, United States Code, is amended—
(1) in paragraph (18), by striking “or” at the end;
(2) in paragraph (19), by striking the period at the end and inserting “;
or”; and
(3) by adding at the end the following new paragraph:
“(20) the Office of the Director of National Intelligence.”.
GENERAL REFERENCES.
SEC. 1081.
(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTELLIGENCE
COMMUNITY.—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 intelligence community in any law, regulation, document, paper, or other
record of the United States shall be deemed to be a reference to the Director of
National Intelligence.
(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 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.
(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
Director of National Intelligence.

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SUBTITLE H—TRANSFER, TERMINATION,
TRANSITION, AND OTHER PROVISIONS
TRANSFER OF COMMUNITY MANAGEMENT STAFF
SEC. 1091.
(a) TRANSFER.—There shall be transferred to the Office of the Director of
National Intelligence such staff of the Community Management Staff as of the
date of the enactment of this Act as the Director of National Intelligence
determines to be appropriate, including all functions and activities discharged by
the Community Management Staff as of that date.
(b) ADMINISTRATION.—The Director of National Intelligence shall administer
the Community Management Staff after the date of the enactment of this Act as a
component of the Office of the Director of National Intelligence under section
103 of the National Security Act of 1947, as amended by section 1011(a) of this
Act.
TRANSFER OF TERRORIST THREAT INTEGRATION CENTER
SEC. 1092.
(a) TRANSFER.—There shall be transferred to the National Counterterrorism
Center the Terrorist Threat Integration Center (TTIC) or its successor entity,
including all functions and activities discharged by the Terrorist Threat
Integration Center or its successor entity as of the date of the enactment of this
Act.
(b) ADMINISTRATION.—The Director of the National Counterterrorism Center
shall administer the Terrorist Threat Integration Center after the date of the
enactment of this Act as a component of the Directorate of Intelligence of the
National Counterterrorism Center under section 119(i) of the National Security
Act of 1947, as added by section 1021(a) of this Act.
TERMINATION OF POSITIONS OF ASSISTANT
DIRECTORS OF CENTRAL INTELLIGENCE
SEC. 1093.
(a) TERMINATION.—The positions referred to in subsection (b) are hereby
abolished.
(b) COVERED POSITIONS.—The positions referred to in this subsection are as
follows:
(1) The Assistant Director of Central Intelligence for Collection.
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(2) The Assistant Director of Central Intelligence for Analysis and
Production.
(3) The Assistant Director of Central Intelligence for Administration.
IMPLEMENTATION PLAN
SEC. 1094.
The President shall transmit to Congress a plan for the implementation of this
title and the amendments made by this title. The plan shall address, at a
minimum, the following:
(1) The transfer of personnel, assets, and obligations to the Director of
National Intelligence pursuant to this title.
(2) Any consolidation, reorganization, or streamlining of activities
transferred to the Director of National Intelligence pursuant to this title.
(3) The establishment of offices within the Office of the Director of
National Intelligence to implement the duties and responsibilities of the
Director of National Intelligence as described in this title.
(4) Specification of any proposed disposition of property, facilities,
contracts, records, and other assets and obligations to be transferred to
the Director of National Intelligence.
(5) Recommendations for additional legislative or administrative action
as the President considers appropriate.

DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM
SEC. 1095.
(a) REPORT.—Not later than one year after the effective date of this Act, the
Director of National Intelligence shall submit to the congressional intelligence
committees a report on the progress made in the implementation of this title,
including the amendments made by this title. The report shall include a
comprehensive description of the progress made, and may include such
recommendations for additional legislative or administrative action as the
Director considers appropriate.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the
term “congressional intelligence committees” means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of
Representatives.
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TRANSITIONAL AUTHORITIES
SEC. 1096.
(a) IN GENERAL.—Upon the request of the Director of National Intelligence, the
head of any executive agency may, on a reimbursable basis, provide services or
detail personnel to the Director of National Intelligence.
(b) TRANSFER OF PERSONNEL.—In addition to any other authorities available
under law for such purposes, in the fiscal year after the effective date of this Act,
the Director of National Intelligence—
(1) is authorized within the Office of the Director of National
Intelligence 500 new personnel billets; and
(2) with the approval of the Director of the Office of Management and
Budget, may detail not more than 150 personnel funded within the
National Intelligence Program to the Office of the Director of National
Intelligence for a period of not more than 2 years.
EFFECTIVE DATES
SEC. 1097.
(a) IN GENERAL.—Except as otherwise expressly provided in this Act, this title
and the amendments made by this title shall take effect not later than six months
after the date of the enactment of this Act.
(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later than 60 days after the date of
the appointment of the first Director of National Intelligence, the Director of
National Intelligence shall first appoint individuals to positions within the Office
of the Director of National Intelligence.
(B) Subparagraph (A) shall not apply with respect to the Principal Deputy
Director of National Intelligence.
(2) Not later than 180 days after the effective date of this Act, the President shall
transmit to Congress the implementation plan required by section 1094.
(3) Not later than one year after the date of the enactment of this Act, the
Director of National Intelligence shall prescribe regulations, policies, procedures,
standards, and guidelines required under section 102A of the National Security
Act of 1947, as amended by section 1011(a) of this Act.

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SUBTITLE I—OTHER MATTERS
STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION
SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS
SEC. 1101.
(a) STUDY.—The Secretary of Defense shall conduct a study of the promotion
selection rates, and the selection rates for attendance at professional military
education schools, of intelligence officers of the Armed Forces, particularly in
comparison to the rates for other officers of the same Armed Force who are in the
same grade and competitive category.
(b) REPORT.—The Secretary shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report providing the Secretary’s
findings resulting from the study under subsection (a) and the Secretary’s
recommendations (if any) for such changes in law as the Secretary considers
needed to ensure that intelligence officers, as a group, are selected for promotion,
and for attendance at professional military education schools, at rates not less
than the rates for all line (or the equivalent) officers of the same Armed Force
(both in the zone and below the zone) in the same grade. The report shall be
submitted not later than April 1, 2005.
EXTENSION AND IMPROVEMENT OF AUTHORITIES
OF PUBLIC INTEREST DECLASSIFICATION BOARD
SEC. 1102.
(a) DIRECTION.—Section 703(a) of the Public Interest Declassification Act of
2000 (title VII of Public Law 106-567; 114 Stat. 2856; 50 U.S.C. §435 note) is
amended—
(1) by inserting “(1)” after “ESTABLISHMENT-”; and
(2) by adding at the end the following new paragraph:
“(2) The Board shall report directly to the President or, upon designation by the
President, the Vice President, the Attorney General, or other designee of the
President. The other designee of the President under this paragraph may not be an
agency head or official authorized to classify information under Executive Order
12958, or any successor order.”.
(b) PURPOSES.—Section 703(b) of that Act (114 Stat. 2856) is amended by
adding at the end the following new paragraph:
“(5) To review and make recommendations to the President in a timely
manner with respect to any congressional request, made by the
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committee of jurisdiction, to declassify certain records or to reconsider a
declination to declassify specific records.”.
(c) RECOMMENDATIONS ON SPECIAL SEARCHES.—Section 704(c)(2)(A) of that
Act (114 Stat. 2860) is amended by inserting before the period the following: “,
and also including specific requests for the declassification of certain records or
for the reconsideration of declinations to declassify specific records’.
(d) DECLASSIFICATION REVIEWS.—Section 704 of that Act (114 Stat. 2859) is
further amended by adding at the end the following new subsection:
“(e) DECLASSIFICATION REVIEWS.—If requested by the President, the Board
shall review in a timely manner certain records or declinations to declassify
specific records, the declassification of which has been the subject of specific
congressional request described in section 703(b)(5).”.
(e) NOTIFICATION OF REVIEW.—Section 706 of that Act (114 Stat. 2861) is
amended by adding at the end the following new subsection:
“(f) NOTIFICATION OF REVIEW.—In response to a specific congressional request
for declassification review described in section 703(b)(5), the Board shall advise
the originators of the request in a timely manner whether the Board intends to
conduct such review.”.
(f) EXTENSION.—Section 710(b) of that Act (114 Stat. 2864) is amended by
striking “4 years” and inserting “8 years”.
SEVERABILITY
SEC. 1103.
If any provision of this Act, or an amendment made by this Act, or the
application of such provision to any person or circumstance is held invalid, the
remainder of this Act, or the application of such provision to persons or
circumstances other those to which such provision is held invalid shall not be
affected thereby.

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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(Public Law 110 of June 20, 1949; 63 STAT. 208)

AN ACT To provide for the administration of the Central Intelligence Agency,
established pursuant to section 102, National Security Act of 1947, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
DEFINITIONS
SECTION 1. [50 U.S.C. §403a]
That when used in this Act, the term—
(1) “Agency” means the Central Intelligence Agency;
(2) “Director” means the Director of the Central Intelligence Agency;
and
(3) “Government agency” means any executive department, commission,
council, independent establishment, corporation wholly or partly owned
by the United States which is an instrumentality of the United States,
board, bureau, division, service, office, officer, authority, administration,
or other establishment, in the executive branch of the Government.
SEAL OF OFFICE
SEC. 2. [50 U.S.C. §403b]
The Director shall cause a seal of office to be made for the Central Intelligence
Agency, of such design as the President shall approve, and judicial notice shall
be taken thereof.
PROCUREMENT AUTHORITIES
SEC. 3. [50 U.S.C. §403c]
(a) PURCHASES AND CONTRACTS FOR SUPPLIES AND SERVICES.—In the
performance of its functions the Central Intelligence Agency is authorized to
exercise the authorities contained in sections 2304(a)(1) to (6), (10), (12), (15),
(17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title
10.
(b) “AGENCY HEAD” DEFINED.—In the exercise of the authorities granted in
subsection (a) of this section, the term “Agency head” shall mean the Director,
the Deputy Director, or the Executive of the Agency.
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(c) CLASSES OF PURCHASES AND CONTRACTS; FINALITY OF DECISION; POWERS
DELEGABLE.—The determinations and decisions provided in subsection (a) of
this section to be made by the Agency head may be made with respect to
individual purchases and contracts or with respect to classes of purchases or
contracts, and shall be final. Except as provided in subsection (d) of this section,
the Agency head is authorized to delegate his powers provided in this section,
including the making of such determinations and decisions, in his discretion and
subject to his direction, to any other officer or officers or officials of the Agency.
(d) POWERS NOT DELEGABLE; WRITTEN FINDINGS.—The power of the Agency
head to make the determinations or decisions specified in paragraphs (12) and
(15) of section 2304(a) and section 2307(a) of title 10 shall not be delegable.
Each determination or decision required by paragraphs (12) and (15) of section
2304(a), by sections 2306 and 2313, or by section 2307(a) of title 10, shall be
based upon written findings made by the official making such determinations,
which findings shall be final and shall be available within the Agency for a
period of at least six years following the date of the determination.
TRAVEL, ALLOWANCES, AND RELATED EXPENSES
SEC. 4. [50 U.S.C. §403e]
CENTRAL INTELLIGENCE AGENCY PERSONNEL; ALLOWANCES AND BENEFITS.—
(a) TRAVEL, ALLOWANCES, AND RELATED EXPENSES FOR OFFICERS AND
EMPLOYEES ASSIGNED TO DUTY STATIONS OUTSIDE UNITED STATES.—Under
such regulations as the Director may prescribe, the Agency, with respect to its
officers and employees assigned to duty stations outside the several States of the
United States of America, excluding Alaska and Hawaii, but including the
District of Columbia, shall—
(1)(A) pay the travel expenses of officers and employees of the Agency,
including expenses incurred while traveling pursuant to authorized home
leave;
(B) pay the travel expenses of members of the family of an
officer or employee of the Agency when proceeding to or
returning from his post of duty; accompanying him on
authorized home leave; or otherwise traveling in accordance with
authority granted pursuant to the terms of sections 403a to 403s
of this title or any other Act;
(C) pay the cost of transporting the furniture and household and
personal effects of an officer or employee of the Agency to his
successive posts of duty and, on the termination of his services,
to his residence at time of appointment or to a point not more
distant, or, upon retirement, to the place where he will reside;
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(D) pay the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Agency,
when he is absent from his post of assignment under orders, or
when he is assigned to a post to which he cannot take or at which
he is unable to use such furniture and household and personal
effects, or when it is in the public interest or more economical to
authorize storage; but in no instance shall the weight or volume
of the effects stored together with the weight or volume of the
effects transported exceed the maximum limitations fixed by
regulations, when not otherwise fixed by law;
(E) pay the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Agency in
connection with assignment or transfer to a new post, from the
date of his departure from his last post or from the date of his
departure, from his place of residence in the case of a new officer
or employee and for not to exceed three months after arrival at
the new post, or until the establishment of residence quarters,
whichever shall be shorter; and in connection with separation of
an officer or employee of the Agency, the cost of packing and
unpacking, transporting to and from a place of storage, and
storing for a period not to exceed three months, his furniture and
household and personal effects; but in no instance shall the
weight or volume of the effects stored together with the weight
or volume of the effects transported exceed the maximum
limitations fixed by regulations, when not otherwise fixed by
law;
(F) pay the travel expenses and transportation costs incident to
the removal of the members of the family of an officer or
employee of the Agency and his furniture and household and
personal effects, including automobiles, from a post at which,
because of the prevalence of disturbed conditions, there is
imminent danger to life and property, and the return of such
persons, furniture, and effects to such post upon the cessation of
such conditions; or to such other post as may in the meantime
have become the post to which such officer or employee has
been assigned.
(2) Charge expenses in connection with travel of personnel, their
dependents, and transportation of their household goods and personal
effects, involving a change of permanent station, to the appropriation for
the fiscal year current when any part of either the travel or transportation
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
pertaining to the transfer begins pursuant to previously issued travel and
transfer orders, notwithstanding the fact that such travel or transportation
may not all be effected during such fiscal year, or the travel and transfer
orders may have been issued during the prior fiscal year.
(3)(A) Order to any of the several States of the United States of America
(including the District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession of the United States) on leave of absence
each officer or employee of the Agency who was a resident of the United
States (as described above) at time of employment, upon completion of
two years’ continuous service abroad, or as soon as possible thereafter.
(B) While in the United States (as described in paragraph (3)(A)
of this subsection) on leave, the service of any officer or
employee shall be available for work or duties in the Agency or
elsewhere as the Director may prescribe; and the time of such
work or duty shall not be counted as leave.
(C) Where an officer or employee on leave returns to the United
States (as described in paragraph (3)(A) of this subsection), leave
of absence granted shall be exclusive of the time actually and
necessarily occupied in going to and from the United States (as
so described) and such time as may be necessarily occupied in
awaiting transportation.
(4) Notwithstanding the provisions of any other law, transport for or on
behalf of an officer or employee of the Agency, a privately owned motor
vehicle in any case in which it shall be determined that water, rail, or air
transportation of the motor vehicle is necessary or expedient for all or
any part of the distance between points of origin and destination, and pay
the costs of such transportation. Not more than one motor vehicle of any
officer or employee of the Agency may be transported under authority of
this paragraph during any four-year period, except that, as a replacement
for such motor vehicle, one additional motor vehicle of any such officer
or employee may be so transported during such period upon approval, in
advance, by the Director and upon a determination, in advance, by the
Director that such replacement is necessary for reasons beyond the
control of the officer or employee and is in the interest of the
Government. After the expiration of a period of four years following the
date of transportation under authority of this paragraph of a privately
owned motor vehicle of any officer or employee who has remained in
continuous service outside the several States of the United States of
America, excluding Alaska and Hawaii, but including the District of
Columbia, during such period, the transportation of a replacement for
such motor vehicle for such officer or employee may be authorized by
the Director in accordance with this paragraph.
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(5)(A) In the event of illness or injury requiring the hospitalization of an
officer or full time employee of the Agency incurred while on
assignment abroad, in a locality where there does not exist a suitable
hospital or clinic, pay the travel expenses of such officer or employee by
whatever means the Director deems appropriate and without regard to the
Standardized Government Travel Regulations and section 5731 of title 5,
to the nearest locality where a suitable hospital or clinic exists and on the
recovery of such officer or employee pay for the travel expenses of the
return to the post of duty of such officer or employee. If the officer or
employee is too ill to travel unattended, the Director may also pay the
travel expenses of an attendant;
(B) Establish a first-aid station and provide for the services of a
nurse at a post at which, in the opinion of the Director, sufficient
personnel is employed to warrant such a station: Provided, That,
in the opinion of the Director, it is not feasible to utilize an
existing facility;
(C) In the event of illness or injury requiring hospitalization of
an officer or full time employee of the Agency incurred in the
line of duty while such person is assigned abroad, pay for the
cost of the treatment of such illness or injury at a suitable
hospital or clinic;
(D) Provide for the periodic physical examination of officers and
employees of the Agency and for the cost of administering
inoculation or vaccinations to such officers or employees.
(6) Pay the costs of preparing and transporting the remains of an officer
or employee of the Agency or a member of his family who may die while
in travel status or abroad, to his home or official station, or to such other
place as the Director may determine to be the appropriate place of
interment, provided that in no case shall the expense payable be greater
than the amount which would have been payable had the destination
been the home or official station.
(7) Pay the costs of travel of new appointees and their dependents, and
the transportation of their household goods and personal effects, from
places of actual residence in foreign countries at time of appointment to
places of employment and return to their actual residences at the time of
appointment or a point not more distant: Provided, That such appointees
agree in writing to remain with the United States Government for a
period of not less than twelve months from the time of appointment.
Violation of such agreement for personal convenience of an employee or
because of separation for misconduct will bar such return payments and,
if determined by the Director or his designee to be in the best interests of
the United States, any money expended by the United States on account
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of such travel and transportation shall be considered as a debt due by the
individual concerned to the United States.
(b) ALLOWANCES AND BENEFITS COMPARABLE TO THOSE PAID MEMBERS OF
FOREIGN SERVICE; SPECIAL REQUIREMENTS; PERSONS DETAILED OR ASSIGNED
FROM OTHER AGENCIES; REGULATIONS.—
(1) The Director may pay to officers and employees of the Agency, and
to persons detailed or assigned to the Agency from other agencies of the
Government or from the Armed Forces, allowances and benefits
comparable to the allowances and benefits authorized to be paid to
members of the Foreign Service under chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. §4081 et seq.) or any other provision of
law.
(2) The Director may pay allowances and benefits related to officially
authorized travel, personnel and physical security activities, operational
activities, and cover-related activities (whether or not such allowances
and benefits are otherwise authorized under this section or any other
provision of law) when payment of such allowances and benefits is
necessary to meet the special requirements of work related to such
activities. Payment of allowances and benefits under this paragraph shall
be in accordance with regulations prescribed by the Director. Rates for
allowances and benefits under this paragraph may not be set at rates in
excess of those authorized by section 5724 and 5724a of title 5 when
reimbursement is provided for relocation attributable, in whole or in part,
to relocation within the United States.
(3) Notwithstanding any other provision of this section or any other
provision of law relating to the officially authorized travel of
Government employees, the Director, in order to reflect Agency
requirements not taken into account in the formulation of Governmentwide travel procedures, may by regulation—
(A) authorize the travel of officers and employees of the Agency,
and of persons detailed or assigned to the Agency from other
agencies of the Government or from the Armed Forces who are
engaged in the performance of intelligence functions, and
(B) provide for payment for such travel, in classes of cases, as
determined by the Director, in which such travel is important to
the performance of intelligence functions.
(4) Members of the Armed Forces may not receive benefits under both
this section and title 37 for the same purpose. The Director and Secretary
of Defense shall prescribe joint regulations to carry out the preceding
sentence.
(5) Regulations, other than regulations under paragraph (1), issued
pursuant to this subsection shall be submitted to the Permanent Select
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Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate before such regulations
take effect.
GENERAL AUTHORITIES OF AGENCY
SEC. 5. [50 U.S.C. §403f]
(a) IN GENERAL.—In the performance of its functions, the Central Intelligence
Agency is authorized to—
(1) Transfer to and receive from other Government agencies such sums
as may be approved by the Office of Management and Budget, for the
performance of any of the functions or activities authorized under
paragraphs (2) and (3) of section 403(a) of this title, subsections (c)(7)
and (d) of section 403-3 of this title, subsections (a) and (g) of section
403-4 of this title, and section 405 of this title, and any other
Government agency is authorized to transfer to or receive from the
Agency such sums without regard to any provisions of law limiting or
prohibiting transfers between appropriations. Sums transferred to the
Agency in accordance with this paragraph may be expended for the
purposes and under the authority of sections 403a to 403s of this title
without regard to limitations of appropriations from which transferred;
(2) Exchange funds without regard to section 3651 of the Revised
Statutes;
(3) Reimburse other Government agencies for services of personnel
assigned to the Agency, and such other Government agencies are
authorized, without regard to provisions of law to the contrary, so to
assign or detail any officer or employee for duty with the Agency;
(4) Authorize personnel designated by the Director to carry firearms to
the extent necessary for the performance of the Agency’s authorized
functions, except that, within the United States, such authority shall be
limited to the purposes of protection of classified materials and
information, the training of Agency personnel and other authorized
persons in the use of firearms, the protection of Agency installations and
property, and the protection of current and former Agency personnel and
their immediate families, defectors and their immediate families, and
other persons in the United States under Agency auspices;
(5) Make alterations, improvements, and repairs on premises rented by
the Agency, and pay rent therefor;
(6) Determine and fix the minimum and maximum limits of age within
which an original appointment may be made to an operational position
within the Agency, notwithstanding the provision of any other law, in
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accordance with such criteria as the Director, in his discretion, may
prescribe; and
(7) Notwithstanding section 1341(a)(1) of title 31, enter into multiyear
leases for up to 15 years.
(b) SCOPE OF AUTHORITY FOR EXPENDITURE. —
(1) The authority to enter into a multiyear lease under subsection (a)(7)
of this section shall be subject to appropriations provided in advance
for—
(A) the entire lease; or
(B) the first 12 months of the lease and the Government’s
estimated termination liability.
(2) In the case of any such lease entered into under subparagraph (B) of
paragraph (1)—
(A) such lease shall include a clause that provides that the
contract shall be terminated if budget authority (as defined by
section 622(2) of title 2) is not provided specifically for that
project in an appropriations Act in advance of an obligation of
funds in respect thereto;
(B) notwithstanding section 1552 of title 31, amounts obligated
for paying termination costs with respect to such lease shall
remain available until the costs associated with termination of
such lease are paid;
(C) funds available for termination liability shall remain
available to satisfy rental obligations with respect to such lease
in subsequent fiscal years in the event such lease is not
terminated early, but only to the extent those funds are in excess
of the amount of termination liability at the time of their use to
satisfy such rental obligations; and
(D) funds appropriated for a fiscal year may be used to make
payments on such lease, for a maximum of 12 months, beginning
any time during such fiscal year.
(c) TRANSFERS FOR ACQUISITION OF LAND.—
(1) Sums appropriated or otherwise made available to the Agency for the
acquisition of land that are transferred to another department or agency
for that purpose shall remain available for 3 years.
(2) The Director shall submit to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives a report on the transfer of sums described in
paragraph (1) each time that authority is exercised.

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PROTECTION OF NATURE OF AGENCY’S FUNCTIONS
SEC. 6. [50 U.S.C. Sec. §403g]
In the interests of the security of the foreign intelligence activities of the United
States and in order further to implement section 403-1(i) of this title that the
Director of National Intelligence shall be responsible for protecting intelligence
sources and methods from unauthorized disclosure, the Agency shall be
exempted from the provisions of sections 1 and 2 of the Act of August 28, 1935
(49 Stat. 956, 957; 5 U.S.C. §654), and the provisions of any other law which
require the publication or disclosure of the organization, functions, names,
official titles, salaries, or numbers of personnel employed by the Agency:
Provided, That in furtherance of this section, the Director of the Office of
Management and Budget shall make no reports to the Congress in connection
with the Agency under section 607 of the Act of June 30, 1945, as amended (5
U.S.C. §947(b)).
ADMISSION OF ESSENTIAL ALIENS; LIMITATION ON NUMBER
SEC. 7. [50 U.S.C. Sec. §403h]
Whenever the Director, the Attorney General, and the Commissioner of
Immigration and Naturalization shall determine that the admission of a particular
alien into the United States for permanent residence is in the interest of national
security or essential to the furtherance of the national intelligence mission, such
alien and his immediate family shall be admitted to the United States for
permanent residence without regard to their inadmissibility under the
immigration or any other laws and regulations, or to the failure to comply with
such laws and regulations pertaining to admissibility: Provided, That the number
of aliens and members of their immediate families admitted to the United States
under the authority of this section shall in no case exceed one hundred persons in
any one fiscal year.
APPROPRIATIONS
SEC. 8. [50 U.S.C. Sec. §403j]
CENTRAL INTELLIGENCE AGENCY; APPROPRIATIONS, EXPENDITURES.—
(a) Notwithstanding any other provisions of law, sums made available to the
Agency by appropriation or otherwise may be expended for purposes necessary
to carry out its functions, including—
(1) personal services, including personal services without regard to
limitations on types of persons to be employed, and rent at the seat of
government and elsewhere; health-service program as authorized by law
(5 U.S.C. §7901); rental of news-reporting services; purchase or rental
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and operation of photographic, reproduction, cryptographic, duplication,
and printing machines, equipment, and devices, and radio-receiving and
radio-sending equipment and devices, including telegraph and teletype
equipment; purchase, maintenance, operation, repair, and hire of
passenger motor vehicles, and aircraft, and vessels of all kinds; subject to
policies established by the Director, transportation of officers and
employees of the Agency in Government-owned automotive equipment
between their domiciles and places of employment, where such
personnel are engaged in work which makes such transportation
necessary, and transportation in such equipment, to and from school, of
children of Agency personnel who have quarters for themselves and their
families at isolated stations outside the continental United States where
adequate public or private transportation is not available; printing and
binding; purchase, maintenance, and cleaning of firearms, including
purchase, storage, and maintenance of ammunition; subject to policies
established by the Director, expenses of travel in connection with, and
expenses incident to attendance at meetings of professional, technical,
scientific, and other similar organizations when such attendance would
be a benefit in the conduct of the work of the Agency; association and
library dues; payment of premiums or costs of surety bonds for officers
or employees without regard to the provisions of section 14 of title 6;
payment of claims pursuant to title 28; acquisition of necessary land and
the clearing of such land; construction of buildings and facilities without
regard to 36 Stat. 699; 40 U.S.C. §259, 267; repair, rental, operation,
and maintenance of buildings, utilities, facilities, and appurtenances; and
(2) supplies, equipment, and personnel and contractual services
otherwise authorized by law and regulations, when approved by the
Director.
(b) The sums made available to the Agency may be expended without regard to
the provisions of law and regulations relating to the expenditure of Government
funds; and for objects of a confidential, extraordinary, or emergency nature, such
expenditures to be accounted for solely on the certificate of the Director and
every such certificate shall be deemed a sufficient voucher for the amount therein
certified.
SEPARABILITY OF PROVISIONS
SEC. 9. [50 U.S.C. §403a note]
If any provision of this Act or the application of such provision to any person or
circumstances, is held invalid, the remainder of this Act or the application of
such provision to persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
SHORT TITLE
SEC. 10. [50 U.S.C. §401 note]
This Act may be cited as the “Central Intelligence Agency Act of 1949”.
AUTHORITY TO PAY DEATH GRATUITIES
SEC. 11. [50 U.S.C. §403k]
(a)(1) The Director may pay a gratuity to the surviving dependents of any officer
or employee of the Agency who dies as a result of injuries (other than from
disease) sustained outside the United States and whose death—
(A) resulted from hostile or terrorist activities; or
(B) occurred in connection with an intelligence activity having a
substantial element of risk.
(2) The provisions of this subsection shall apply with respect to deaths
occurring after June 30, 1974.
(b) Any payment under subsection (a) of this section—
(1) shall be in an amount equal to the amount of the annual salary of the
officer or employee concerned at the time of death;
(2) shall be considered a gift and shall be in lieu of payment of any lesser
death gratuity authorized by any other Federal law; and
(3) shall be made under the same conditions as apply to payments
authorized by section 3973 of title 22.
AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUESTS
SEC. 12. [50 U.S.C. §403l]
(a) USE FOR OPERATIONAL PURPOSES PROHIBITED.—Subject to the provisions of
this section, the Director may accept, hold, administer, and use gifts of money,
securities, or other property whenever the Director determines it would be in the
interest of the United States to do so. Any gift accepted under this section (and
any income produced by any such gift) may be used only for artistic display or
for purposes relating to the general welfare, education, or recreation of
employees or dependents of employees of the Agency or for similar purposes,
and under no circumstances may such a gift (or any income produced by any
such gift) be used for operational purposes. The Director may not accept any gift
under this section which is expressly conditioned upon an expenditure not to be
met from the gift itself or from income produced by the gift unless such
expenditure has been authorized by law.
(b) SALE, EXCHANGE AND INVESTMENT OF GIFTS.—Unless otherwise restricted
by the terms of the gift, the Director may sell or exchange, or invest or reinvest,
any property which is accepted under this section, but any such investment may
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only be in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States.
(c) DEPOSIT OF GIFTS INTO SPECIAL FUND.—There is hereby created on the
books of the Treasury of the United States a fund into which gifts of money,
securities, and other intangible property accepted under the authority of this
section, and the earnings and proceeds thereof, shall be deposited. The assets of
such fund shall be disbursed upon the order of the Director for the purposes
specified in subsection (a) or (b) of this section.
(d) TAXATION OF GIFTS.—For purposes of Federal income, estate, and gift
taxes, gifts accepted by the Director under this section shall be considered to be
to or for the use of the United States.
(e) “GIFT” DEFINED.—For the purposes of this section, the term “gift” includes a
bequest or devise.
MISUSE OF AGENCY NAME, INITIALS, OR SEAL
SEC. 13. [50 U.S.C. §403m]
(a) PROHIBITED ACTS.—No person may, except with the written permission of
the Director, knowingly use the words “Central Intelligence Agency”, the initials
“CIA”, the seal of the Central Intelligence Agency, or any colorable imitation of
such words, initials, or seal in connection with any merchandise, impersonation,
solicitation, or commercial activity in a manner reasonably calculated to convey
the impression that such use is approved, endorsed, or authorized by the Central
Intelligence Agency.
(b) INJUNCTION.—Whenever it appears to the Attorney General that any person
is engaged or is about to engage in an act or practice which constitutes or will
constitute conduct prohibited by subsection (a) of this section, the Attorney
General may initiate a civil proceeding in a district court of the United States to
enjoin such act or practice. Such court shall proceed as soon as practicable to the
hearing and determination of such action and may, at any time before final
determination, enter such restraining orders or prohibitions, or take such other
action as is warranted, to prevent injury to the United States or to any person or
class of persons for whose protection the action is brought.
RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES
SEC. 14. [50 U.S.C. §403n]
SPECIAL PROVISIONS FOR SPOUSES OF CENTRAL INTELLIGENCE AGENCY
EMPLOYEES APPLICABLE TO AGENCY PARTICIPANTS IN CIVIL SERVICE
RETIREMENT AND DISABILITY SYSTEM.—
(a) MANNER AND EXTENT OF APPLICABILITY.—The provisions of sections 2002,
2031(b)(1)-(3), 2031(f), 2031(g), 2031(h)(2), 2031(i), 2031(l), 2032, 2033, 2034,
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
2035, 2052(b), 2071(b), 2071(d), and 2094(b) of this title establishing certain
requirements, limitations, rights, entitlements, and benefits relating to retirement
annuities, survivor benefits, and lump-sum payments for a spouse or former
spouse of an Agency employee who is a participant in the Central Intelligence
Agency Retirement and Disability System shall apply in the same manner and to
the same extent in the case of an Agency employee who is a participant in the
Civil Service Retirement and Disability System.
(b) REGULATIONS.—The Director of the Office of Personnel Management, in
consultation with the Director of the Central Intelligence Agency, shall prescribe
such regulations as may be necessary to implement the provisions of this section.
SECURITY PERSONNEL AT AGENCY INSTALLATIONS
SEC. 15. [50 U.S.C. §403o]
(a) SPECIAL POLICEMEN: FUNCTIONS AND POWERS; REGULATIONS:
PROMULGATION AND ENFORCEMENT.—
(1) The Director may authorize Agency personnel within the United
States to perform the same functions as officers and agents of the
Department of Homeland Security, as provided in section 1315(b)(2) of
title 40, with the powers set forth in that section, except that such
personnel shall perform such functions and exercise such powers—
(A) within the Agency Headquarters Compound and the property
controlled and occupied by the Federal Highway Administration
located immediately adjacent to such Compound;
(B) in the streets, sidewalks, and the open areas within the zone
beginning at the outside boundary of such Compound and
property and extending outward 500 feet;
(C) within any other Agency installation and protected property;
and
(D) in the streets, sidewalks, and open areas within the zone
beginning at the outside boundary of any installation or property
referred to in subparagraph (C) and extending outward 500 feet.
(2) The performance of functions and exercise of powers under
subparagraph (B) or (D) of paragraph (1) shall be limited to those
circumstances where such personnel can identify specific and articulable
facts giving such personnel reason to believe that the performance of
such functions and exercise of such powers is reasonable to protect
against physical damage or injury, or threats of physical damage or
injury, to Agency installations, property, or employees.
(3) Nothing in this subsection shall be construed to preclude, or limit in
any way, the authority of any Federal, State, or local law enforcement
agency, or any other Federal police or Federal protective service.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(4) The rules and regulations enforced by such personnel shall be the
rules and regulations prescribed by the Director and shall only be
applicable to the areas referred to in subparagraph (A) or (C) of
paragraph (1).
(b) PENALTIES FOR VIOLATIONS OF REGULATIONS.—The Director is authorized
to establish penalties for violations of the rules or regulations promulgated by the
Director under subsection (a) of this section. Such penalties shall not exceed
those specified in section 1315(c)(2) of title 40.
(c) IDENTIFICATION.—Agency personnel designated by the Director under
subsection (a) of this section shall be clearly identifiable as United States
Government security personnel while engaged in the performance of the
functions to which subsection (a) of this section refers.
(d) PROTECTION OF CERTAIN CIA PERSONNEL FROM TORT LIABILITY.—
(1) Notwithstanding any other provision of law, any Agency personnel
designated by the Director under subsection (a) of this section, or
designated by the Director under section 403f(a)(4) of this title to carry
firearms for the protection of current or former Agency personnel and
their immediate families, defectors and their immediate families, and
other persons in the United States under Agency auspices, shall be
considered for purposes of chapter 171 of title 28, or any other provision
of law relating to tort liability, to be acting within the scope of their
office or employment when such Agency personnel take reasonable
action, which may include the use of force, to—
(A) protect an individual in the presence of such Agency
personnel from a crime of violence;
(B) provide immediate assistance to an individual who has
suffered or who is threatened with bodily harm; or
(C) prevent the escape of any individual whom such Agency
personnel reasonably believe to have committed a crime of
violence in the presence of such Agency personnel.
(2) Paragraph (1) shall not affect the authorities of the Attorney General
under section 2679 of title 28.
(3) In this subsection, the term “crime of violence” has the meaning
given that term in section 16 of title 18.
HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF
CENTRAL INTELLIGENCE AGENCY EMPLOYEES
SEC. 16. [50 U.S.C. §403p]
(a) PERSONS ELIGIBLE.—Except as provided in subsection (e) of this section, any
individual—
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(1) formerly married to an employee or former employee of the Agency,
whose marriage was dissolved by divorce or annulment before May 7,
1985;
(2) who, at any time during the eighteen-month period before the divorce
or annulment became final, was covered under a health benefits plan as a
member of the family of such employee or former employee; and
(3) who was married to such employee for not less than ten years during
periods of service by such employee with the Agency, at least five years
of which were spent outside the United States by both the employee and
the former spouse,
is eligible for coverage under a health benefits plan in accordance with the
provisions of this section.
(b) ENROLLMENT FOR HEALTH BENEFITS.—
(1) Any individual eligible for coverage under subsection (a) of this
section may enroll in a health benefits plan for self alone or for self and
family if, before the expiration of the six-month period beginning on
October 1, 1986, and in accordance with such procedures as the Director
of the Office of Personnel Management shall by regulation prescribe,
such individual—
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Employees Health Benefits
Fund under section 8909 of title 5 an amount equal to the sum of
the employee and agency contributions payable in the case of an
employee enrolled under chapter 89 of such title in the same
health benefits plan and with the same level of benefits.
(2) The Director of the Central Intelligence Agency shall, as soon as
possible, take all steps practicable—
(A) to determine the identity and current address of each former
spouse eligible for coverage under subsection (a) of this section;
and
(B) to notify each such former spouse of that individual’s rights
under this section.
(3) The Director of the Office of Personnel Management, upon
notification by the Director of the Central Intelligence Agency, shall
waive the six-month limitation set forth in paragraph (1) in any case in
which the Director of the Central Intelligence Agency determines that the
circumstances so warrant.
(c) ELIGIBILITY OF FORMER WIVES OR HUSBANDS.—
(1) Notwithstanding subsections (a) and (b) of this section and except as
provided in subsections (d), (e), and (f) of this section, an individual—
(A) who was divorced on or before December 4, 1991, from a
participant or retired participant in the Central Intelligence
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Agency Retirement and Disability System or the Federal
Employees Retirement System Special Category;
(B) who was married to such participant for not less than ten
years during the participant’s creditable service, at least five
years of which were spent by the participant during the
participant’s service as an employee of the Agency outside the
United States, or otherwise in a position the duties of which
qualified the participant for designation by the Director as a
participant under section 2013 of this title; and
(C) who was enrolled in a health benefits plan as a family
member at any time during the 18-month period before the date
of dissolution of the marriage to such participant;
is eligible for coverage under a health benefits plan.
(2) A former spouse eligible for coverage under paragraph (1) may enroll
in a health benefits plan in accordance with subsection (b)(1) of this
section, except that the election for such enrollment must be submitted
within 60 days after the date on which the Director notifies the former
spouse of such individual’s eligibility for health insurance coverage
under this subsection.
(d) CONTINUATION OF ELIGIBILITY.—Notwithstanding subsections (a), (b), and
(c) of this section and except as provided in subsections (e) and (f) of this section,
an individual divorced on or before December 4, 1991, from a participant or
retired participant in the Central Intelligence Agency Retirement and Disability
System or Federal Employees’ Retirement System Special Category who
enrolled in a health benefits plan following the dissolution of the marriage to
such participant may continue enrollment following the death of such participant
notwithstanding the termination of the retirement annuity of such individual.
(e) REMARRIAGE BEFORE AGE FIFTY-FIVE; CONTINUED ENROLLMENT;
RESTORED ELIGIBILITY.—
(1) Any former spouse who remarries before age fifty-five is not eligible
to make an election under subsection (b)(1) of this section.
(2) Any former spouse enrolled in a health benefits plan pursuant to an
election under subsection (b)(1) of this section or to subsection (d) of this
section may continue the enrollment under the conditions of eligibility
which the Director of the Office of Personnel Management shall by
regulation prescribe, except that any former spouse who remarries before
age fifty-five shall not be eligible for continued enrollment under this
section after the end of the thirty-one-day period beginning on the date of
remarriage.
(3)(A) A former spouse who is not eligible to enroll or to continue
enrollment in a health benefits plan under this section solely because of
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remarriage before age fifty-five shall be restored to such eligibility on the
date such remarriage is dissolved by death, annulment, or divorce.
(B) A former spouse whose eligibility is restored under
subparagraph (A) may, under regulations which the Director of
the Office of Personnel Management shall prescribe, enroll in a
health benefits plan if such former spouse—
(i) was an individual referred to in paragraph (1) and was
an individual covered under a benefits plan as a family
member at any time during the 18-month period before
the date of dissolution of the marriage to the Agency
employee or annuitant; or
(ii) was an individual referred to in paragraph (2) and
was an individual covered under a benefits plan
immediately before the remarriage ended the enrollment.
(f) ENROLLMENT IN HEALTH BENEFITS PLAN UNDER OTHER AUTHORITY.—No
individual may be covered by a health benefits plan under this section during any
period in which such individual is enrolled in a health benefits plan under any
other authority, nor may any individual be covered under more than one
enrollment under this section.
(g) “HEALTH BENEFITS PLAN” DEFINED.—For purposes of this section the term
“health benefits plan” means an approved health benefits plan under chapter 89
of title 5.
REPORTS OF INSPECTOR GENERAL ACTIVITIES
SEC. 17. [50 U.S.C. §403q]
INSPECTOR GENERAL FOR AGENCY .—
(a) PURPOSE; ESTABLISHMENT.—In order to—
(1) create an objective and effective office, appropriately accountable to
Congress, to initiate and conduct independently inspections,
investigations, and audits relating to programs and operations of the
Agency;
(2) provide leadership and recommend policies designed to promote
economy, efficiency, and effectiveness in the administration of such
programs and operations, and detect fraud and abuse in such programs
and operations;
(3) provide a means for keeping the Director fully and currently
informed about problems and deficiencies relating to the administration
of such programs and operations, and the necessity for and the progress
of corrective actions; and
(4) in the manner prescribed by this section, ensure that the Senate Select
Committee on Intelligence and the House Permanent Select Committee
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
on Intelligence (hereafter in this section referred to collectively as the
“intelligence committees”) are kept similarly informed of significant
problems and deficiencies as well as the necessity for and the progress of
corrective actions,
there is hereby established in the Agency an Office of Inspector General
(hereafter in this section referred to as the “Office”).
(b) APPOINTMENT; SUPERVISION; REMOVAL.—
(1) There shall be at the head of the Office an Inspector General who
shall be appointed by the President, by and with the advice and consent
of the Senate. This appointment shall be made without regard to political
affiliation and shall be solely on the basis of integrity, compliance with
the security standards of the Agency, and prior experience in the field of
foreign intelligence. Such appointment shall also be made on the basis of
demonstrated ability in accounting, financial analysis, law, management
analysis, public administration, or auditing.
(2) The Inspector General shall report directly to and be under the
general supervision of the Director.
(3) The Director may prohibit the Inspector General from initiating,
carrying out, or completing any audit, inspection, or investigation, or
from issuing any subpoena, after the Inspector General has decided to
initiate, carry out, or complete such audit, inspection, or investigation or
to issue such subpoena, if the Director determines that such prohibition is
necessary to protect vital national security interests of the United States.
(4) If the Director exercises any power under paragraph (3), he shall
submit an appropriately classified statement of the reasons for the
exercise of such power within seven days to the intelligence committees.
The Director shall advise the Inspector General at the time such report is
submitted, and, to the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a copy of any
such report. In such cases, the Inspector General may submit such
comments to the intelligence committees that he considers appropriate.
(5) In accordance with section 535 of title 28, the Inspector General shall
report to the Attorney General any information, allegation, or complaint
received by the Inspector General relating to violations of Federal
criminal law that involve a program or operation of the Agency,
consistent with such guidelines as may be issued by the Attorney General
pursuant to subsection (b)(2) of such section. A copy of all such reports
shall be furnished to the Director.
(6) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing to the
intelligence committees the reasons for any such removal.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(c) DUTIES AND RESPONSIBILITIES.—It shall be the duty and responsibility of the
Inspector General appointed under this section—
(1) to provide policy direction for, and to plan, conduct, supervise, and
coordinate independently, the inspections, investigations, and audits
relating to the programs and operations of the Agency to ensure they are
conducted efficiently and in accordance with applicable law and
regulations;
(2) to keep the Director fully and currently informed concerning
violations of law and regulations, fraud and other serious problems,
abuses and deficiencies that may occur in such programs and operations,
and to report the progress made in implementing corrective action;
(3) to take due regard for the protection of intelligence sources and
methods in the preparation of all reports issued by the Office, and, to the
extent consistent with the purpose and objective of such reports, take
such measures as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports; and
(4) in the execution of his responsibilities, to comply with generally
accepted government auditing standards.
(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF SERIOUS OR FLAGRANT
PROBLEMS; REPORTS OF FUNCTIONAL PROBLEMS; REPORTS TO CONGRESS ON
URGENT CONCERNS.—
(1) The Inspector General shall, not later than January 31 and July 31 of
each year, prepare and submit to the Director a classified semiannual
report summarizing the activities of the Office during the immediately
preceding six-month periods ending December 31 (of the preceding year)
and June 30, respectively. Not later than the dates each year provided for
the transmittal of such reports in section 507 of the National Security Act
of 1947 [50 U.S.C. §415b], the Director shall transmit such reports to the
intelligence committees with any comments he may deem appropriate.
Such reports shall, at a minimum, include a list of the title or subject of
each inspection, investigation, or audit conducted during the reporting
period and—
(A) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the Agency identified by the Office during the
reporting period;
(B) a description of the recommendations for corrective action
made by the Office during the reporting period with respect to
significant problems, abuses, or deficiencies identified in
subparagraph (A);
(C) a statement of whether corrective action has been completed
on each significant recommendation described in previous
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semiannual reports, and, in a case where corrective action has
been completed, a description of such corrective action;
(D) a certification that the Inspector General has had full and
direct access to all information relevant to the performance of his
functions;
(E) a description of the exercise of the subpoena authority under
subsection (e)(5) of this section by the Inspector General during
the reporting period; and
(F) such recommendations as the Inspector General may wish to
make concerning legislation to promote economy and efficiency
in the administration of programs and operations undertaken by
the Agency, and to detect and eliminate fraud and abuse in such
programs and operations.
(2) The Inspector General shall report immediately to the Director
whenever he becomes aware of particularly serious or flagrant problems,
abuses, or deficiencies relating to the administration of programs or
operations. The Director shall transmit such report to the intelligence
committees within seven calendar days, together with any comments he
considers appropriate.
(3) In the event that—
(A) the Inspector General is unable to resolve any differences
with the Director affecting the execution of the Inspector
General’s duties or responsibilities;
(B) an investigation, inspection, or audit carried out by the
Inspector General should focus on any current or former Agency
official who—
(i) holds or held a position in the Agency that is subject
to appointment by the President, by and with the advice
and consent of the Senate, including such a position held
on an acting basis; or
(ii) holds or held the position in the Agency, including
such a position held on an acting basis, of—
(I) Executive Director;
(II) Deputy Director for Operations;
(III) Deputy Director for Intelligence;
(IV) Deputy Director for Administration; or
(V) Deputy Director for Science and
Technology;
(C) a matter requires a report by the Inspector General to the
Department of Justice on possible criminal conduct by a current
or former Agency official described or referred to in
subparagraph (B);
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(D) the Inspector General receives notice from the Department
of Justice declining or approving prosecution of possible
criminal conduct of any of the officials described in
subparagraph (B); or
(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a report on
such matter to the intelligence committees.
(4) Pursuant to Title V of the National Security Act of 1947 [50 U.S.C.
§413 et seq.], the Director shall submit to the intelligence committees
any report or findings and recommendations of an inspection,
investigation, or audit conducted by the office which has been requested
by the Chairman or Ranking Minority Member of either committee.
(5)(A) An employee of the Agency, or of a contractor to the Agency,
who intends to report to Congress a complaint or information with
respect to an urgent concern may report such complaint or information to
the Inspector General.
(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the Inspector
General shall determine whether the complaint or information
appears credible. Upon making such a determination, the
Inspector General shall transmit to the Director notice of that
determination, together with the complaint or information.
(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within 7 calendar
days of such receipt, forward such transmittal to the intelligence
committees, together with any comments the Director considers
appropriate.
(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under subparagraph
(B), the employee (subject to clause (ii)) may submit the
complaint or information to Congress by contacting either or
both of the intelligence committees directly.
(ii) The employee may contact the intelligence
committees directly as described in clause (i) only if the
employee—
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(I) before making such a contact, furnishes to the
Director, through the Inspector General, a
statement of the employee’s complaint or
information and notice of the employee’s intent
to contact the intelligence committees directly;
and
(II) obtains and follows from the Director,
through the Inspector General, direction on how
to contact the intelligence committees in
accordance with appropriate security practices.
(iii) A member or employee of one of the intelligence
committees who receives a complaint or information
under clause (i) does so in that member or employee’s
official capacity as a member or employee of that
committee.
(E) The Inspector General shall notify an employee who reports
a complaint or information to the Inspector General under this
paragraph of each action taken under this paragraph with respect
to the complaint or information. Such notice shall be provided
not later than 3 days after any such action is taken.
(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
(G) In this paragraph:
(i) The term “urgent concern” means any of the
following:
(I) A serious or flagrant problem, abuse,
violation of law or Executive order, or
deficiency relating to the funding,
administration, or operations of an intelligence
activity involving classified information, but
does not include differences of opinions
concerning public policy matters.
(II) A false statement to Congress, or a willful
withholding from Congress, on an issue of
material fact relating to the funding,
administration, or operation of an intelligence
activity.
(III) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5,
constituting reprisal or threat of reprisal
prohibited under subsection (e)(3)(B) of this
section in response to an employee’s reporting
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an urgent concern in accordance with this
paragraph.
(ii) The term “intelligence committees” means the
Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(e) AUTHORITIES OF INSPECTOR GENERAL.—
(1) The Inspector General shall have direct and prompt access to the
Director when necessary for any purpose pertaining to the performance
of his duties.
(2) The Inspector General shall have access to any employee or any
employee of a contractor of the Agency whose testimony is needed for
the performance of his duties. In addition, he shall have direct access to
all records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the programs and
operations with respect to which the Inspector General has
responsibilities under this section. Failure on the part of any employee or
contractor to cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director, to include loss of
employment or the termination of an existing contractual relationship.
(3) The Inspector General is authorized to receive and investigate
complaints or information from any person concerning the existence of
an activity constituting a violation of laws, rules, or regulations, or
mismanagement, gross waste of funds, abuse of authority, or a
substantial and specific danger to the public health and safety. Once such
complaint or information has been received from an employee of the
Agency—
(A) the Inspector General shall not disclose the identity of the
employee without the consent of the employee, unless the
Inspector General determines that such disclosure is unavoidable
during the course of the investigation or the disclosure is made to
an official of the Department of Justice responsible for
determining whether a prosecution should be undertaken; and
(B) no action constituting a reprisal, or threat of reprisal, for
making such complaint may be taken by any employee of the
Agency in a position to take such actions, unless the complaint
was made or the information was disclosed with the knowledge
that it was false or with willful disregard for its truth or falsity.
(4) The Inspector General shall have authority to administer to or take
from any person an oath, affirmation, or affidavit, whenever necessary in
the performance of his duties, which oath, affirmation, or affidavit when
administered or taken by or before an employee of the Office designated
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by the Inspector General shall have the same force and effect as if
administered or taken by or before an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector General is
authorized to require by subpoena the production of all information,
documents, reports, answers, records, accounts, papers, and other data
and documentary evidence necessary in the performance of the duties
and responsibilities of the Inspector General.
(B) In the case of Government agencies, the Inspector General
shall obtain information, documents, reports, answers, records,
accounts, papers, and other data and evidence for the purpose
specified in subparagraph (A) using procedures other than by
subpoenas.
(C) The Inspector General may not issue a subpoena for or on
behalf of any other element or component of the Agency.
(D) In the case of contumacy or refusal to obey a subpoena
issued under this paragraph, the subpoena shall be enforceable
by order of any appropriate district court of the United States.
(6) The Inspector General shall be provided with appropriate and
adequate office space at central and field office locations, together with
such equipment, office supplies, maintenance services, and
communications facilities and services as may be necessary for the
operation of such offices.
(7) Subject to applicable law and the policies of the Director, the
Inspector General shall select, appoint and employ such officers and
employees as may be necessary to carry out his functions. In making
such selections, the Inspector General shall ensure that such officers and
employees have the requisite training and experience to enable him to
carry out his duties effectively. In this regard, the Inspector General
shall create within his organization a career cadre of sufficient size to
provide appropriate continuity and objectivity needed for the effective
performance of his duties.
(8) Subject to the concurrence of the Director, the Inspector General may
request such information or assistance as may be necessary for carrying
out his duties and responsibilities from any Government agency. Upon
request of the Inspector General for such information or assistance, the
head of the Government agency involved shall, insofar as is practicable
and not in contravention of any existing statutory restriction or regulation
of the Government agency concerned, furnish to the Inspector General,
or to an authorized designee, such information or assistance.
(f) SEPARATE BUDGET ACCOUNT.—Beginning with fiscal year 1991, and in
accordance with procedures to be issued by the Director of National Intelligence
in consultation with the intelligence committees, the Director of National
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Intelligence shall include in the National Intelligence Program budget a separate
account for the Office of Inspector General established pursuant to this section.
(g) TRANSFER.—There shall be transferred to the Office the office of the Agency
referred to as the “Office of Inspector General.” The personnel, assets, liabilities,
contracts, property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held, used, arising from, or
available to such “Office of Inspector General” are hereby transferred to the
Office established pursuant to this section.
SPECIAL ANNUITY COMPUTATION RULES FOR
CERTAIN EMPLOYEES’ SERVICE ABROAD
SEC. 18. [50 U.S.C. §403r]
(a) OFFICERS AND EMPLOYEES TO WHOM RULES APPLY.—Notwithstanding any
provision of chapter 83 of title 5, the annuity under subchapter III of such chapter
of an officer or employee of the Central Intelligence Agency who retires on or
after October 1, 1989, is not designated under section 2013 of this title, and has
served abroad as an officer or employee of the Agency on or after January 1,
1987, shall be computed as provided in subsection (b) of this section.
(b) COMPUTATION RULES.—
(1) The portion of the annuity relating to such service abroad that is
actually performed at any time during the officer’s or employee’s first
ten years of total service shall be computed at the rate and using the
percent of average pay specified in section 8339(a)(3) of title 5 that is
normally applicable only to so much of an employee’s total service as
exceeds ten years.
(2) The portion of the annuity relating to service abroad as described in
subsection (a) of this section but that is actually performed at any time
after the officer’s or employee’s first ten years of total service shall be
computed as provided in section 8339(a)(3) of title 5; but, in addition, the
officer or employee shall be deemed for annuity computation purposes to
have actually performed an equivalent period of service abroad during
his or her first ten years of total service, and in calculating the portion of
the officer’s or employee’s annuity for his or her first ten years of total
service, the computation rate and percent of average pay specified in
paragraph (1) shall also be applied to the period of such deemed or
equivalent service abroad.
(3) The portion of the annuity relating to other service by an officer or
employee as described in subsection (a) of this section shall be computed
as provided in the provisions of section 8339(a) of title 5 that would
otherwise be applicable to such service.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(4) For purposes of this subsection, the term “total service” has the
meaning given such term under chapter 83 of title 5.
(c) ANNUITIES DEEMED ANNUITIES UNDER SECTION 8339 OF TITLE 5.—For
purposes of subsections (f) through (m) of section 8339 of title 5, an annuity
computed under this section shall be deemed to be an annuity computed under
subsections (a) and (o) of section 8339 of title 5.
(d) OFFICERS AND EMPLOYEES ENTITLED TO GREATER ANNUITIES UNDER
SECTION 8339 OF TITLE 5.—The provisions of subsection (a) of this section shall
not apply to an officer or employee of the Central Intelligence Agency who
would otherwise be entitled to a greater annuity computed under an otherwise
applicable subsection of section 8339 of title 5.
SPECIAL RULES FOR DISABILITY RETIREMENT AND DEATH-IN-SERVICE
BENEFITS WITH RESPECT TO CERTAIN EMPLOYEES
SEC. 19. [50 U.S.C. §403s]
(a) OFFICERS AND EMPLOYEES TO WHOM SECTION 2051 RULES APPLY.—
Notwithstanding any other provision of law, an officer or employee of the
Central Intelligence Agency subject to retirement system coverage under
subchapter III of chapter 83 of title 5 who—
(1) has five years of civilian service credit toward retirement under such
subchapter III of chapter 83, title 5;
(2) has not been designated under section 2013 of this title as a
participant in the Central Intelligence Agency Retirement and Disability
System;
(3) has become disabled during a period of assignment to the
performance of duties that are qualifying toward such designation under
such section 2013 of this title; and
(4) satisfies the requirements for disability retirement under section 8337
of title 5—
shall, upon his own application or upon order of the Director, be retired on an
annuity computed in accordance with the rules prescribed in section 2051 of this
title, in lieu of an annuity computed as provided by section 8337 of title 5.
(b) Survivors of officers and employees to whom section 2052 rules apply.—
Notwithstanding any other provision of law, in the case of an officer or employee
of the Central Intelligence Agency subject to retirement system coverage under
subchapter III of chapter 83, title 5, who—
(1) has at least eighteen months of civilian service credit toward
retirement under such subchapter III of chapter 83, title 5;
(2) has not been designated under section 2013 of this title as a
participant in the Central Intelligence Agency Retirement and Disability
System;
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(3) prior to separation or retirement from the Agency, dies during a
period of assignment to the performance of duties that are qualifying
toward such designation under such section 2013 of this title; and
(4) is survived by a surviving spouse, former spouse, or child as defined
in section 2002 of this title, who would otherwise be entitled to an
annuity under section 8341 of title 5—
such surviving spouse, former spouse, or child of such officer or employee shall
be entitled to an annuity computed in accordance with section 2052 of this title,
in lieu of an annuity computed in accordance with section 8341 of title 5.
(c) Annuities under this section deemed annuities under chapter 83 of title 5.—
The annuities provided under subsections (a) and (b) of this section shall be
deemed to be annuities under chapter 83 of title 5 for purposes of the other
provisions of such chapter and other laws (including title 26) relating to such
annuities, and shall be payable from the Central Intelligence Agency Retirement
and Disability Fund maintained pursuant to section 2012 of this title.
GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY
SEC. 20. [50 U.S.C. §403t]
(a) APPOINTMENT.—There is a General Counsel of the Central Intelligence
Agency, appointed from civilian life by the President, by and with the advice and
consent of the Senate.
(b) CHIEF LEGAL OFFICER.—The General Counsel is the chief legal officer of the
Central Intelligence Agency.
(c) FUNCTIONS.—The General Counsel of the Central Intelligence Agency shall
perform such functions as the Director may prescribe.
CENTRAL SERVICES PROGRAM
SEC. 21. [50 U.S.C. §403u]
(a) IN GENERAL.—The Director may carry out a program under which elements
of the Agency provide items and services on a reimbursable basis to other
elements of the Agency, nonappropriated fund entities or instrumentalities
associated or affiliated with the Agency, and other Government agencies. The
Director shall carry out the program in accordance with the provisions of this
section.
(b) PARTICIPATION OF AGENCY ELEMENTS.—
(1) In order to carry out the program, the Director shall—
(A) designate the elements of the Agency that are to provide
items or services under the program (in this section referred to as
“central service providers”);
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(B) specify the items or services to be provided under the
program by such providers; and
(C) assign to such providers for purposes of the program such
inventories, equipment, and other assets (including equipment on
order) as the Director determines necessary to permit such
providers to provide items or services under the program.
(2) The designation of elements and the specification of items and
services under paragraph (1) shall be subject to the approval of the
Director of the Office of Management and Budget.
(c) CENTRAL SERVICES WORKING CAPITAL FUND.—
(1) There is established a fund to be known as the Central Services
Working Capital Fund (in this section referred to as the “Fund”). The
purpose of the Fund is to provide sums for activities under the program.
(2) There shall be deposited in the Fund the following:
(A) Amounts appropriated to the Fund.
(B) Amounts credited to the Fund from payments received by
central service providers under subsection (e) of this section.
(C) Fees imposed and collected under subsection (f)(1) of this
section.
(D) Amounts received in payment for loss or damage to
equipment or property of a central service provider as a result of
activities under the program.
(E) Other receipts from the sale or exchange of equipment or
property of a central service provider as a result of activities
under the program.
(F) Receipts from individuals in reimbursement for utility
services and meals provided under the program.
(G) Receipts from individuals for the rental of property and
equipment under the program.
(H) Such other amounts as the Director is authorized to deposit
in or transfer to the Fund.
(3) Amounts in the Fund shall be available, without fiscal year limitation,
for the following purposes:
(A) To pay the costs of providing items or services under the
program.
(B) To pay the costs of carrying out activities under subsection
(f)(2) of this section.
(d) LIMITATION ON AMOUNT OF ORDERS.—The total value of all orders for items
or services to be provided under the program in any fiscal year may not exceed
an amount specified in advance by the Director of the Office of Management and
Budget.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(e) PAYMENT FOR ITEMS AND SERVICES.—
(1) A Government agency provided items or services under the program
shall pay the central service provider concerned for such items or
services an amount equal to the costs incurred by the provider in
providing such items or services plus any fee imposed under subsection
(f) of this section. In calculating such costs, the Director shall take into
account personnel costs (including costs associated with salaries, annual
leave, and workers’ compensation), plant and equipment costs (including
depreciation of plant and equipment other than structures owned by the
Agency), operation and maintenance expenses, amortized costs, and
other expenses.
(2) Payment for items or services under paragraph (1) may take the form
of an advanced payment by an agency from appropriations available to
such agency for the procurement of such items or services.
(f) FEES.—
(1) The Director may permit a central service provider to impose and
collect a fee with respect to the provision of an item or service under the
program. The amount of the fee may not exceed an amount equal to four
percent of the payment received by the provider for the item or service.
(2) The Director may obligate and expend amounts in the Fund that are
attributable to the fees imposed and collected under paragraph (1) to
acquire equipment or systems for, or to improve the equipment or
systems of, central service providers and any elements of the Agency that
are not designated for participation in the program in order to facilitate
the designation of such elements for future participation in the program.
(g) TERMINATION.—
(1) Subject to paragraph (2), the Director of the Central Intelligence
Agency and the Director of the Office of Management and Budget,
acting jointly—
(A) may terminate the program under this section and the Fund
at any time; and
(B) upon such termination, shall provide for the disposition of
the personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising
from, available to, or to be made available in connection with the
program or the Fund.
(2) The Director of the Central Intelligence Agency and the Director of
the Office of Management and Budget may not undertake any action
under paragraph (1) until 60 days after the date on which the Directors
jointly submit notice of such action to the Permanent Select Committee
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on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.
DETAIL OF EMPLOYEES
SEC. 22. [50 U.S.C. §403v]
The Director may—
(1) detail any personnel of the Agency on a reimbursable basis
indefinitely to the National Reconnaissance Office without regard to any
limitation under law on the duration of details of Federal Government
personnel; and
(2) hire personnel for the purpose of any detail under paragraph (1).
INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY
Sec. 23. [50 U.S.C. §403w]
(a) DEFINITIONS.—In this section—
(1) the term “designated employee” means an employee designated by
the Director of the Central Intelligence Agency under subsection (b) of
this section; and
(2) the term “Federal retirement system” includes the Central
Intelligence Agency Retirement and Disability System, and the Federal
Employees’ Retirement System (including the Thrift Savings Plan).
(b) IN GENERAL.—
(1) AUTHORITY.—Notwithstanding any other provision of law, the
Director of the Central Intelligence Agency may exercise the authorities
under this section in order to—
(A) protect from unauthorized disclosure—
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms; or
(B) meet the special requirements of work related to collection of
foreign intelligence or other authorized activities of the Agency.
(2) DESIGNATION OF EMPLOYEES.—The Director of the Central
Intelligence Agency may designate any employee of the Agency who is
under nonofficial cover to be an employee to whom this section applies.
Such designation may be made with respect to any or all authorities
exercised under this section.
(c) COMPENSATION.—The Director of the Central Intelligence Agency may pay a
designated employee salary, allowances, and other benefits in an amount and in a
manner consistent with the nonofficial cover of that employee, without regard to
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
any limitation that is otherwise applicable to a Federal employee. A designated
employee may accept, utilize, and, to the extent authorized by regulations
prescribed under subsection (i) of this section, retain any salary, allowances, and
other benefits provided under this section.
(d) RETIREMENT BENEFITS.—
(1) IN GENERAL.—The Director of the Central Intelligence Agency may
establish and administer a nonofficial cover employee retirement system
for designated employees (and the spouse, former spouses, and survivors
of such designated employees). A designated employee may not
participate in the retirement system established under this paragraph and
another Federal retirement system at the same time.
(2) CONVERSION TO OTHER FEDERAL RETIREMENT SYSTEM.—
(A) IN GENERAL.—A designated employee participating in the
retirement system established under paragraph (1) may convert
to coverage under the Federal retirement system which would
otherwise apply to that employee at any appropriate time
determined by the Director of the Central Intelligence Agency
(including at the time of separation of service by reason of
retirement), if the Director of the Central Intelligence Agency
determines that the employee’s participation in the retirement
system established under this subsection is no longer necessary
to protect from unauthorized disclosure—
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) CONVERSION TREATMENT.—Upon a conversion under this
paragraph—
(i) all periods of service under the retirement system
established under this subsection shall be deemed
periods of creditable service under the applicable Federal
retirement system;
(ii) the Director of the Central Intelligence Agency shall
transmit an amount for deposit in any applicable fund of
that Federal retirement system that—
(I) is necessary to cover all employee and
agency contributions including—
(aa) interest as determined by the head
of the agency administering the Federal
retirement system into which the
employee is converting; or
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(bb) in the case of an employee
converting into the Federal Employees’
Retirement System, interest as
determined under section 8334(e) of title
5; and
(II) ensures that such conversion does not result
in any unfunded liability to that fund; and
(iii) in the case of a designated employee who
participated in an employee investment retirement
system established under paragraph (1) and is converted
to coverage under subchapter III of chapter 84 of title 5,
the Director of the Central Intelligence Agency may
transmit any or all amounts of that designated employee
in that employee investment retirement system (or
similar part of that retirement system) to the Thrift
Savings Fund.
(C) TRANSMITTED AMOUNTS.—
(i) IN GENERAL.—Amounts described under
subparagraph (B)(ii) shall be paid from the fund or
appropriation used to pay the designated employee.
(ii) OFFSET.—The Director of the Central Intelligence
Agency may use amounts contributed by the designated
employee to a retirement system established under
paragraph (1) to offset amounts paid under clause (i).
(D) RECORDS.—The Director of the Central Intelligence Agency
shall transmit all necessary records relating to a designated
employee who converts to a Federal retirement system under this
paragraph (including records relating to periods of service which
are deemed to be periods of creditable service under
subparagraph (B)) to the head of the agency administering that
Federal retirement system.
(e) HEALTH INSURANCE BENEFITS.—
(1) IN GENERAL.—The Director of the Central Intelligence Agency may
establish and administer a nonofficial cover employee health insurance
program for designated employees (and the family of such designated
employees). A designated employee may not participate in the health
insurance program established under this paragraph and the program
under chapter 89 of title 5 at the same time.
(2) CONVERSION TO FEDERAL EMPLOYEES’ HEALTH BENEFITS
PROGRAM.—
(A) IN GENERAL.—A designated employee participating in the
health insurance program established under paragraph (1) may
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
convert to coverage under the program under chapter 89 of title 5
at any appropriate time determined by the Director of the Central
Intelligence Agency (including at the time of separation of
service by reason of retirement), if the Director of the Central
Intelligence Agency determines that the employee’s participation
in the health insurance program established under this subsection
is no longer necessary to protect from unauthorized disclosure—
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) CONVERSION TREATMENT.—Upon a conversion under this
paragraph—
(i) the employee (and family, if applicable) shall be
entitled to immediate enrollment and coverage under
chapter 89 of title 5;
(ii) any requirement of prior enrollment in a health
benefits plan under chapter 89 of that title for
continuation of coverage purposes shall not apply;
(iii) the employee shall be deemed to have had coverage
under chapter 89 of that title from the first opportunity to
enroll for purposes of continuing coverage as an
annuitant; and
(iv) the Director of the Central Intelligence Agency shall
transmit an amount for deposit in the Employees’ Health
Benefits Fund that is necessary to cover any costs of
such conversion.
(C) TRANSMITTED AMOUNTS.—Any amount described under
subparagraph (B)(iv) shall be paid from the fund or
appropriation used to pay the designated employee.
(f) LIFE INSURANCE BENEFITS.—
(1) IN GENERAL.—The Director of the Central Intelligence Agency may
establish and administer a nonofficial cover employee life insurance
program for designated employees (and the family of such designated
employees). A designated employee may not participate in the life
insurance program established under this paragraph and the program
under chapter 87 of title 5 at the same time.
(2) CONVERSION TO FEDERAL EMPLOYEES GROUP LIFE INSURANCE
PROGRAM.—
(A) IN GENERAL.—A designated employee participating in the
life insurance program established under paragraph (1) may
convert to coverage under the program under chapter 87 of title 5
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
at any appropriate time determined by the Director of the Central
Intelligence Agency (including at the time of separation of
service by reason of retirement), if the Director of the Central
Intelligence Agency determines that the employee’s participation
in the life insurance program established under this subsection is
no longer necessary to protect from unauthorized disclosure—
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) CONVERSION TREATMENT.—Upon a conversion under this
paragraph—
(i) the employee (and family, if applicable) shall be
entitled to immediate coverage under chapter 87 of title
5;
(ii) any requirement of prior enrollment in a life
insurance program under chapter 87 of that title for
continuation of coverage purposes shall not apply;
(iii) the employee shall be deemed to have had coverage
under chapter 87 of that title for the full period of service
during which the employee would have been entitled to
be insured for purposes of continuing coverage as an
annuitant; and
(iv) the Director of the Central Intelligence Agency shall
transmit an amount for deposit in the Employees’ Life
Insurance Fund that is necessary to cover any costs of
such conversion.
(C) TRANSMITTED AMOUNTS.—Any amount described under
subparagraph (B)(iv) shall be paid from the fund or
appropriation used to pay the designated employee.
(g) EXEMPTION FROM CERTAIN REQUIREMENTS.—The Director of the Central
Intelligence Agency may exempt a designated employee from mandatory
compliance with any Federal regulation, rule, standardized administrative policy,
process, or procedure that the Director of the Central Intelligence Agency
determines—
(1) would be inconsistent with the nonofficial cover of that employee;
and
(2) could expose that employee to detection as a Federal employee.
(h) TAXATION AND SOCIAL SECURITY.—
(1) In general.—Notwithstanding any other provision of law, a
designated employee—
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(A) shall file a Federal or State tax return as if that employee is
not a Federal employee and may claim and receive the benefit of
any exclusion, deduction, tax credit, or other tax treatment that
would otherwise apply if that employee was not a Federal
employee, if the Director of the Central Intelligence Agency
determines that taking any action under this paragraph is
necessary to—
(i) protect from unauthorized disclosure—
(I) intelligence operations;
(II) the identities of undercover intelligence
officers;
(III) intelligence sources and methods; or
(IV) intelligence cover mechanisms; and
(ii) meet the special requirements of work related to
collection of foreign intelligence or other authorized
activities of the Agency; and
(B) shall receive social security benefits based on the social
security contributions made.
(2) INTERNAL REVENUE SERVICE REVIEW.—The Director of the Central
Intelligence Agency shall establish procedures to carry out this
subsection. The procedures shall be subject to periodic review by the
Internal Revenue Service.
(i) Regulations.—The Director of the Central Intelligence Agency shall prescribe
regulations to carry out this section. The regulations shall ensure that the
combination of salary, allowances, and benefits that an employee designated
under this section may retain does not significantly exceed, except to the extent
determined by the Director of the Central Intelligence Agency to be necessary to
exercise the authority in subsection (b) of this section, the combination of salary,
allowances, and benefits otherwise received by Federal employees not designated
under this section.
(j) Finality of decisions.—Any determinations authorized by this section to be
made by the Director of the Central Intelligence Agency or the Director’s
designee shall be final and conclusive and shall not be subject to review by any
court.
(k) Subsequently enacted laws.—No law enacted after the effective date of this
section shall affect the authorities and provisions of this section unless such law
specifically refers to this section.
SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION FROM SERVICE
[50 U.S.C. §403x]
(a) DEFINITIONS.—For purposes of this section—
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(1) the term “Director” means the Director of the Central Intelligence
Agency; and
(2) the term “employee” means an employee of the Central Intelligence
Agency, serving under an appointment without time limitation, who has
been currently employed for a continuous period of at least 12 months,
except that such term does not include—
(A) a reemployed annuitant under subchapter III of chapter 83 or
chapter 84 of title 5 or another retirement system for employees
of the Government; or
(B) an employee having a disability on the basis of which such
employee is or would be eligible for disability retirement under
any of the retirement systems referred to in subparagraph (A).
(b) ESTABLISHMENT OF PROGRAM.—In order to avoid or minimize the need for
involuntary separations due to downsizing, reorganization, transfer of function,
or other similar action, the Director may establish a program under which
employees may be offered separation pay to separate from service voluntarily
(whether by retirement or resignation). An employee who receives separation pay
under such program may not be reemployed by the Central Intelligence Agency
for the 12-month period beginning on the effective date of the employee’s
separation. An employee who receives separation pay under this section on the
basis of a separation occurring on or after March 30, 1994, and accepts
employment with the Government of the United States within 5 years after the
date of the separation on which payment of the separation pay is based shall be
required to repay the entire amount of the separation pay to the Central
Intelligence Agency. If the employment is with an Executive agency (as defined
by section 105 of title 5), the Director of the Office of Personnel Management
may, at the request of the head of the agency, waive the repayment if the
individual involved possesses unique abilities and is the only qualified applicant
available for the position. If the employment is with an entity in the legislative
branch, the head of the entity or the appointing official may waive the repayment
if the individual involved possesses unique abilities and is the only qualified
applicant available for the position. If the employment is with the judicial branch,
the Director of the Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique abilities and is the only
qualified applicant available for the position.
(c) BAR ON CERTAIN EMPLOYMENT.—
(1) BAR.—An employee may not be separated from service under this
section unless the employee agrees that the employee will not –
(A) act as agent or attorney for, or otherwise represent, any other
person (except the United States) in any formal or informal
appearance before, or, with the intent to influence, make any oral
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
or written communication on behalf of any other person (except
the United States) to the Central Intelligence Agency; or
(B) participate in any manner in the award, modification,
extension, or performance of any contract for property or
services with the Central Intelligence Agency, during the 12month period beginning on the effective date of the employee’s
separation from service.
(2) PENALTY.—An employee who violates an agreement under this
subsection shall be liable to the United States in the amount of the
separation pay paid to the employee pursuant to this section times the
proportion of the 12-month period during which the employee was in
violation of the agreement.
(d) LIMITATIONS.—Under this program, separation pay may be offered only—
(1) with the prior approval of the Director; and
(2) to employees within such occupational groups or geographic
locations, or subject to such other similar limitations or conditions, as the
Director may require.
(e) AMOUNT AND TREATMENT FOR OTHER PURPOSES.—Such separation pay—
(1) shall be paid in a lump sum;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, if the
employee were entitled to payment under such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be included in the
computation, of any other type of Government benefit; and
(4) shall not be taken into account for the purpose of determining the
amount of any severance pay to which an individual may be entitled
under section 5595 of title 5 based on any other separation.
(f) REGULATIONS.—The Director shall prescribe such regulations as may be
necessary to carry out this section.
(g) REPORTING REQUIREMENTS.—
(1) OFFERING NOTIFICATIOn.—The Director may not make an offering
of voluntary separation pay pursuant to this section until 30 days after
submitting to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate a report describing the occupational groups or geographic
locations, or other similar limitations or conditions, required by the
Director under subsection (d) of this section.
(2) Annual report.—At the end of each of the fiscal years 1993 through
1997, the Director shall submit to the President and the Permanent Select
Committee on Intelligence of the House of Representatives and the
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Select Committee on Intelligence of the Senate a report on the
effectiveness and costs of carrying out this section.

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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
CHAPTER 4 OF TITLE 10, UNITED STATES CODE
SEC. 137. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.
(a) There is an Under Secretary of Defense for Intelligence, appointed from
civilian life by the President, by and with the advice and consent of the Senate.
(b) Subject to the authority, direction, and control of the Secretary of Defense,
the Under Secretary of Defense for Intelligence shall perform such duties and
exercise such powers as the Secretary of Defense may prescribe in the area of
intelligence.
(c) The Under Secretary of Defense for Intelligence takes precedence in the
Department of Defense after the Under Secretary of Defense for Personnel and
Readiness.
CHAPTER 21 OF TITLE 10, UNITED STATES CODE
SEC. 421. FUNDS FOR FOREIGN CRYPTOLOGIC SUPPORT.
(a) The Secretary of Defense may use appropriated funds available to the
Department of Defense for intelligence and communications purposes to pay for
the expenses of arrangements with foreign countries for cryptologic support.
(b) The Secretary of Defense may use funds other than appropriated funds to pay
for the expenses of arrangements with foreign countries for cryptologic support
without regard for the provisions of law relating to the expenditure of United
States Government funds, except that—
(1) no such funds may be expended, in whole or in part, by or for the
benefit of the Department of Defense for a purpose for which Congress
had previously denied funds; and
(2) proceeds from the sale of cryptologic items may be used only to
purchase replacement items similar to the items that are sold; and
(3) the authority provided by this subsection may not be used to acquire
items or services for the principal benefit of the United States.
(c) Any funds expended under the authority of subsection (a) shall be reported to
the Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives pursuant to the
provisions of title V of the National Security Act of 1947 (50 U.S.C. §413 et
seq.). Funds expended under the authority of subsection (b) shall be reported
pursuant to procedures jointly agreed upon by such committees and the Secretary
of Defense.

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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
SEC. 422. USE OF FUNDS FOR CERTAIN INCIDENTAL PURPOSES.
(a) COUNTERINTELLIGENCE OFFICIAL RECEPTION AND REPRESENTATION
EXPENSES.—The Secretary of Defense may use funds available to the
Department of Defense for counterintelligence programs to pay the expenses of
hosting foreign officials in the United States under the auspices of the
Department of Defense for consultation on counterintelligence matters.
(b) PROMOTIONAL ITEMS FOR RECRUITMENT PURPOSES.—The Secretary of
Defense may use funds available for an intelligence element of the Department of
Defense to purchase promotional items of nominal value for use in the
recruitment of individuals for employment by that element.
SEC. 423. AUTHORITY TO USE PROCEEDS FROM COUNTERINTELLIGENCE
OPERATIONS OF THE MILITARY DEPARTMENTS.
(a) The Secretary of Defense may authorize, without regard to the provisions of
section 3302 of title 31, use of proceeds from counterintelligence operations
conducted by components of the military departments to offset necessary and
reasonable expenses, not otherwise prohibited by law, incurred in such
operations, and to make exceptional performance awards to personnel involved
in such operations, if use of appropriated funds to meet such expenses or to make
such awards would not be practicable.
(b) As soon as the net proceeds from such counterintelligence operations are no
longer necessary for the conduct of those operations, such proceeds shall be
deposited into the Treasury as miscellaneous receipts.
(c) The Secretary of Defense shall establish policies and procedures to govern
acquisition, use, management, and disposition of proceeds from
counterintelligence operations conducted by components of the military
departments, including effective internal systems of accounting and
administrative controls.
SEC. 424. DISCLOSURE OF ORGANIZATIONAL AND PERSONNEL
INFORMATION: EXEMPTION FOR SPECIFIED INTELLIGENCE AGENCIES.
(a) EXEMPTION FROM DISCLOSURE.—Except as required by the President or as
provided in subsection (c), no provision of law shall be construed to require the
disclosure of—
(1) the organization or any function of an organization of the Department
of Defense named in subsection (b); or
(2) the number of persons employed by or assigned or detailed to any
such organization or the name, official title, occupational series, grade, or
salary of any such person.
(b) COVERED ORGANIZATIONS.—This section applies to the following
organizations of the Department of Defense:
(1) The Defense Intelligence Agency.
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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
(2) The National Reconnaissance Office.
(3) The National Geospatial-Intelligence Agency.
(c) PROVISION OF INFORMATION TO CONGRESS.—Subsection (a) does not apply
with respect to the provision of information to Congress.
SEC. 425. PROHIBITION OF UNAUTHORIZED USE OF NAME, INITIALS, OR
SEAL: SPECIFIED INTELLIGENCE AGENCIES.
(a) PROHIBITION.—Except with the written permission of both the Secretary of
Defense and the Director of Central Intelligence, no person may knowingly use,
in connection with any merchandise, retail product, impersonation, solicitation,
or commercial activity in a manner reasonably calculated to convey the
impression that such use is approved, endorsed, or authorized by the Secretary
and the Director, any of the following (or any colorable imitation thereof):
(1) The words “Defense Intelligence Agency”, the initials “DIA”, or the
seal of the Defense Intelligence Agency.
(2) The words “National Reconnaissance Office”, the initials “NRO”, or
the seal of the National Reconnaissance Office.
(3) The words “National Imagery and Mapping Agency”, the initials
“NIMA”, or the seal of the National Imagery and Mapping Agency.
(4) The words “Defense Mapping Agency”, the initials “DMA”, or the
seal of the Defense Mapping Agency.
(5) The words “National Geospatial-Intelligence Agency”, the initials
“NGA,” or the seal of the National Geospatial-Intelligence Agency.
(b) AUTHORITY TO ENJOIN VIOLATIONS.—Whenever it appears to the Attorney
General that any person is engaged or is about to engage in an act or practice
which constitutes or will constitute conduct prohibited by subsection (a), the
Attorney General may initiate a civil proceeding in a district court of the United
States to enjoin such act or practice. Such court shall proceed as soon as
practicable to the hearing and determination of such action and may, at any time
before final determination, enter such restraining orders or prohibitions, or take
such other actions as is warranted, to prevent injury to the United States or to any
person or class of persons for whose protection the action is brought.
SEC. 426. INTEGRATION OF DEPARTMENT OF DEFENSE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES.
(a) ISR INTEGRATION COUNCIL.—
(1) The Under Secretary of Defense for Intelligence shall establish an
Intelligence, Surveillance, and Reconnaissance Integration Council—
(A) to assist the Under Secretary with respect to matters relating
to the integration of intelligence, surveillance, and
reconnaissance capabilities, and coordination of related
developmental activities, of the military departments,
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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
intelligence agencies of the Department of Defense, and relevant
combatant commands; and
(B) otherwise to provide a means to facilitate the integration of
such capabilities and the coordiation [1] of such developmental
activities.
(2) The Council shall be composed of—
(A) the senior intelligence officers of the armed forces and the
United States Special Operations Command;
(B) the Director of Operations of the Joint Staff; and
(C) the directors of the intelligence agencies of the Department
of Defense.
(3) The Under Secretary of Defense for Intelligence shall invite the
participation of the Director of Central Intelligence (or that Director’s
representative) in the proceedings of the Council.
(b) ISR INTEGRATION ROADMAP.—
(1) The Under Secretary of Defense for Intelligence shall develop a
comprehensive plan, to be known as the “Defense Intelligence,
Surveillance, and Reconnaissance Integration Roadmap”, to guide the
development and integration of the Department of Defense intelligence,
surveillance, and reconnaissance capabilities for the 15-year period of
fiscal years 2004 through 2018.
(2) The Under Secretary shall develop the Defense Intelligence,
Surveillance, and Reconnaissance Integration Roadmap in consultation
with the Intelligence, Surveillance, and Reconnaissance Integration
Council and the Director of National Intelligence.
SEC. 427. INTELLIGENCE OVERSIGHT ACTIVITIES OF DEPARTMENT OF
DEFENSE: ANNUAL REPORTS.
(a) ANNUAL REPORTS REQUIRED.—
(1) Not later than March 1 of each year, the Secretary of Defense shall
submit—
(A) to the congressional committees specified in subparagraph
(A) of paragraph (2) a report on the intelligence oversight
activities of the Department of Defense during the previous
calendar year insofar as such oversight activities relate to tactical
intelligence and intelligence-related activities of the Department;
and
(B) to the congressional committees specified in subparagraph
(B) of paragraph (2) a report on the intelligence oversight
activities of the Department of Defense during the previous
calendar year insofar as such oversight activities relate to
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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
intelligence and intelligence-related activities of the Department
other than those specified in subparagraph (A).
(2)(A) The committees specified in this subparagraph are the following:
(i) The Committee on Armed Services and the
Committee on Appropriations of the Senate.
(ii) The Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(B) The committees specified in this subparagraph are the
following:
(i) The Select Committee on Intelligence, the Committee
on Armed Services, and the Committee on
Appropriations of the Senate.
(ii) The Permanent Select Committee on Intelligence and
the Committee on Appropriations of the House of
Representatives.
(b) ELEMENTS.—Each report under subsection (a) shall include, for the calendar
year covered by such report and with respect to oversight activities subject to
coverage in that report, the following:
(1) A description of any violation of law or of any Executive order or
Presidential directive (including Executive Order No. 12333) that comes
to the attention of any General Counsel or Inspector General within the
Department of Defense, or the Under Secretary of Defense for
Intelligence, and a description of the actions taken by such official with
respect to such activity.
(2) A description of the results of intelligence oversight inspections
undertaken by each of the following:
(A) The Office of the Secretary of Defense.
(B) Each military department.
(C) Each combat support agency.
(D) Each field operating agency.
(3) A description of any changes made in any program for the
intelligence oversight activities of the Department of Defense, including
any training program.
(4) A description of any changes made in any published directive or
policy memoranda on the intelligence or intelligence-related activities
of—
(A) any military department;
(B) any combat support agency; or
(C) any field operating agency.

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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
(c) DEFINITIONS.—In this section:
(1) The term “intelligence oversight activities of the Department of
Defense” refers to any activity undertaken by an agency, element, or
component of the Department of Defense to ensure compliance with
regard to requirements or instructions on the intelligence and
intelligence-related activities of the Department under law or any
Executive order or Presidential directive (including Executive Order No.
12333).
(2) The term “combat support agency” has the meaning given that term
in section 193(f) of this title.
(3) The term “field operating agency” means a specialized subdivision of
the Department of Defense that carries out activities under the
operational control of the Department.
SEC. 431. AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Defense, subject to the provisions of this
subchapter, may authorize the conduct of those commercial activities necessary
to provide security for authorized intelligence collection activities abroad
undertaken by the Department of Defense. No commercial activity may be
initiated pursuant to this subchapter after December 31, 2006.
(b) INTERAGENCY COORDINATION AND SUPPORT.—Any such activity shall—
(1) be coordinated with, and (where appropriate) be supported by, the
Director of Central Intelligence; and
(2) to the extent the activity takes place within the United States, be
coordinated with, and (where appropriate) be supported by, the Director
of the Federal Bureau of Investigation.
(c) DEFINITIONS.—In this subchapter:
(1) The term “commercial activities” means activities that are conducted
in a manner consistent with prevailing commercial practices and
includes—
(A) the acquisition, use, sale, storage and disposal of goods and
services;
(B) entering into employment contracts and leases and other
agreements for real and personal property;
(C) depositing funds into and withdrawing funds from domestic
and foreign commercial business or financial institutions;
(D) acquiring licenses, registrations, permits, and insurance; and
(E) establishing corporations, partnerships, and other legal
entities.
(2) The term “intelligence collection activities” means the collection of
foreign intelligence and counterintelligence information.
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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
SEC. 432. USE, DISPOSITION, AND AUDITING OF FUNDS.
(a) USE OF FUNDS.—Funds generated by a commercial activity authorized
pursuant to this subchapter may be used to offset necessary and reasonable
expenses arising from that activity. Use of such funds for that purpose shall be
kept to the minimum necessary to conduct the activity concerned in a secure
manner. Any funds generated by the activity in excess of those required for that
purpose shall be deposited, as often as may be practicable, into the Treasury as
miscellaneous receipts.
(b) AUDITS.—
(1) The Secretary of Defense shall assign an organization within the
Department of Defense to have auditing responsibility with respect to
activities authorized under this subchapter.
(2) That organization shall audit the use and disposition of funds
generated by any commercial activity authorized under this subchapter
not less often than annually. The results of all such audits shall be
promptly reported to the intelligence committees (as defined in section
437 (d) of this title).
SEC. 433. RELATIONSHIP WITH OTHER FEDERAL LAWS.
(a) IN GENERAL.—Except as provided by subsection (b), a commercial activity
conducted pursuant to this subchapter shall be carried out in accordance with
applicable Federal law.
(b) AUTHORIZATION OF WAIVERS WHEN NECESSARY TO MAINTAIN
SECURITY.—
(1) If the Secretary of Defense determines, in connection with a
commercial activity authorized pursuant to section 431 of this title, that
compliance with certain Federal laws or regulations pertaining to the
management and administration of Federal agencies would create an
unacceptable risk of compromise of an authorized intelligence activity,
the Secretary may, to the extent necessary to prevent such compromise,
waive compliance with such laws or regulations.
(2) Any determination and waiver by the Secretary under paragraph (1)
shall be made in writing and shall include a specification of the laws and
regulations for which compliance by the commercial activity concerned
is not required consistent with this section.
(3) The authority of the Secretary under paragraph (1) may be delegated
only to the Deputy Secretary of Defense, an Under Secretary of Defense,
an Assistant Secretary of Defense, or a Secretary of a military
department.
(c) FEDERAL LAWS AND REGULATIONS.—For purposes of this section, Federal
laws and regulations pertaining to the management and administration of Federal
agencies are only those Federal laws and regulations pertaining to the following:
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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
(1) The receipt and use of appropriated and nonappropriated funds.
(2) The acquisition or management of property or services.
(3) Information disclosure, retention, and management.
(4) The employment of personnel.
(5) Payments for travel and housing.
(6) The establishment of legal entities or government instrumentalities.
(7) Foreign trade or financial transaction restrictions that would reveal
the commercial activity as an activity of the United States Government.
SEC. 434. RESERVATION OF DEFENSES AND IMMUNITIES.
The submission to judicial proceedings in a State or other legal jurisdiction, in
connection with a commercial activity undertaken pursuant to this subchapter,
shall not constitute a waiver of the defenses and immunities of the United States.
SEC. 435. LIMITATIONS.
(a) LAWFUL ACTIVITIES.—Nothing in this subchapter authorizes the conduct of
any intelligence activity that is not otherwise authorized by law or Executive
order.
(b) DOMESTIC ACTIVITIES.—Personnel conducting commercial activity
authorized by this subchapter may only engage in those activities in the United
States to the extent necessary to support intelligence activities abroad.
(c) PROVIDING GOODS AND SERVICES TO THE DEPARTMENT OF DEFENSE.—
Commercial activity may not be undertaken within the United States for the
purpose of providing goods and services to the Department of Defense, other
than as may be necessary to provide security for the activities subject to this
subchapter.
(d) NOTICE TO UNITED STATES PERSONS.—
(1) In carrying out a commercial activity authorized under this
subchapter, the Secretary of Defense may not permit an entity engaged in
such activity to employ a United States person in an operational,
managerial, or supervisory position, and may not assign or detail a
United States person to perform operational, managerial, or supervisory
duties for such an entity, unless that person is informed in advance of the
intelligence security purpose of that activity.
(2) In this subsection, the term “United States person” means an
individual who is a citizen of the United States or an alien lawfully
admitted to the United States for permanent residence.
SEC. 436. REGULATIONS.
The Secretary of Defense shall prescribe regulations to implement the authority
provided in this subchapter. Such regulations shall be consistent with this
subchapter and shall at a minimum—
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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
(1) specify all elements of the Department of Defense who are authorized
to engage in commercial activities pursuant to this subchapter;
(2) require the personal approval of the Secretary or Deputy Secretary of
Defense for all sensitive activities to be authorized pursuant to this
subchapter;
(3) specify all officials who are authorized to grant waivers of laws or
regulations pursuant to section 433 (b) of this title, or to approve the
establishment or conduct of commercial activities pursuant to this
subchapter;
(4) designate a single office within the Defense Intelligence Agency to
be responsible for the management and supervision of all activities
authorized under this subchapter;
(5) require that each commercial activity proposed to be authorized under
this subchapter be subject to appropriate legal review before the activity
is authorized; and
(6) provide for appropriate internal audit controls and oversight for such
activities.
SEC. 437. CONGRESSIONAL OVERSIGHT.
(a) PROPOSED REGULATIONS.—Copies of regulations proposed to be prescribed
under section 436 of this title (including any proposed revision to such
regulations) shall be submitted to the intelligence committees not less than 30
days before they take effect.
(b) CURRENT INFORMATION.—Consistent with title V of the National Security
Act of 1947 (50 U.S.C. §413 et seq.), the Secretary of Defense shall ensure that
the intelligence committees are kept fully and currently informed of actions taken
pursuant to this subchapter, including any significant anticipated activity to be
authorized pursuant to this subchapter.
(c) ANNUAL REPORT.—Not later each year than the date provided in section 507
of the National Security Act of 1947 (50 U.S.C. §415b), the Secretary shall
submit to the congressional intelligence committees (as defined in section 3 of
that Act (50 U.S.C. §401a)) a report on all commercial activities authorized
under this subchapter that were undertaken during the previous fiscal year. Such
report shall include (with respect to the fiscal year covered by the report) the
following:
(1) A description of any exercise of the authority provided by section 433
(b) of this title.
(2) A description of any expenditure of funds made pursuant to this
subchapter (whether from appropriated or non-appropriated funds).
(3) A description of any actions taken with respect to audits conducted
pursuant to section 432 of this title to implement recommendations or
correct deficiencies identified in such audits.
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DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES
(4) A description of each corporation, partnership, or other legal entity
that was established.

214

HOMELAND SECURITY ACT OF 2002
HOMELAND SECURITY ACT OF 2002
(Public Law 107-296 of November 25, 2002; 116 STAT. 2135)

Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE; TABLE OF CONTENTS.
SECTION 1. [6 U.S.C. §101 note]
(a) SHORT TITLE.—This Act may be cited as the “Homeland Security Act of
2002”.
(b) (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
SEC. 1.
SEC. 2.
SEC. 3.
SEC. 4.

Short title; table of contents.
Definitions.
Construction; severability.
Effective date.

SEC. 101.
SEC. 102.
SEC. 103.

TITLE I—DEPARTMENT OF HOMELAND SECURITY
Executive department; mission.
Secretary; functions.
Other officers.

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
SUBTITLE A—INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION;
ACCESS TO INFORMATION
SEC. 201.
Information and Analysis and Infrastructure Protection.
SEC. 202.
Access to information.
SEC. 203.
Homeland Security Advisory System.
SEC. 204.
Homeland security information sharing.
SEC. 205.
Comprehensive information technology network architecture.
SEC. 206.
Coordination with information sharing environment.
SEC. 207.
Intelligence components.
SEC. 208.
Training for employees of intelligence components.
SEC. 209.
Intelligence training development for State and local government
officials.
SEC. 210.
Information sharing incentives.
SEC. 210A.
Department of Homeland Security State, Local, and Regional
Information Fusion Center Initiative.
SEC. 210B.
Homeland Security Information Sharing Fellows Program.
SEC. 210C.
Rural Policing Institute.
SEC. 210D.
Interagency Threat Assessment and Coordination Group.
SEC. 210E.
National Asset Database.

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HOMELAND SECURITY ACT OF 2002
SEC. 211.
SEC. 212.
SEC. 213.
SEC. 215.
SEC. 221.
SEC. 222.
SEC. 223.
SEC. 224.
SEC. 225.
SEC. 231.
SEC. 232.
SEC. 233.
SEC. 234.
SEC. 235.
SEC. 236.
SEC. 237.

SUBTITLE B—CRITICAL INFRASTRUCTURE INFORMATION
Short title.
Definitions.
Protection of voluntarily shared critical infrastructure information.
No private right of action.
SUBTITLE C—INFORMATION SECURITY
Procedures for sharing information.
Privacy Officer.
Enhancement of non-Federal cybersecurity.
Net guard.
Cyber Security Enhancement Act of 2002.
SUBTITLE D—OFFICE OF SCIENCE AND TECHNOLOGY
Establishment of office; Director.
Mission of office; duties.
Definition of law enforcement technology.
Abolishment of Office of Science and Technology of National Institute
of Justice; transfer of functions.
National Law Enforcement and Corrections Technology Centers.
Coordination with other entities within Department of Justice.
Amendments relating to National Institute of Justice.

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
SEC. 301.
Under Secretary for Science and Technology.
SEC. 302.
Responsibilities and authorities of the Under Secretary for Science and
Technology.
SEC. 303.
Functions transferred.
SEC. 304.
Conduct of certain public health-related activities.
SEC. 305.
Federally funded research and development centers.
SEC. 306.
Miscellaneous provisions.
SEC. 307.
Homeland Security Advanced Research Projects Agency.
SEC. 308.
Conduct of research, development, demonstration, testing and
evaluation.
SEC. 309.
Utilization of Department of Energy national laboratories and sites in
support of homeland security activities.
SEC. 310.
Transfer of Plum Island Animal Disease Center, Department of
Agriculture.
SEC. 311.
Homeland Security Science and Technology Advisory Committee.
SEC. 312.
Homeland Security Institute.
SEC. 313.
Technology clearinghouse to encourage and support innovative
solutions to enhance homeland security.
SEC. 314.
Office for Interoperability and Compatibility.
SEC. 315.
Emergency communications interoperability research and development.
SEC. 316.
National Biosurveillance Integration Center.
SEC. 317.
Promoting antiterrorism through international cooperation program.

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TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
SUBTITLE A—UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY
SEC. 401.
Under Secretary for Border and Transportation Security.
SEC. 402.
Responsibilities.
SEC. 403.
Functions transferred.
SEC. 411.
SEC. 412.
SEC. 413.
SEC. 414.
SEC. 415.
SEC. 416.
SEC. 417.
SEC. 418.
SEC. 419.
SEC. 421.
SEC. 422.
SEC. 423.
SEC. 424.
SEC. 425.
SEC. 426.
SEC. 427.
SEC. 428.
SEC. 429.
SEC. 430.
SEC. 431.
SEC. 441.
SEC. 442.
SEC. 443.
SEC. 444.
SEC. 445.
SEC. 446.

SEC. 451.

SUBTITLE B—UNITED STATES CUSTOMS SERVICE
Establishment; Commissioner of Customs.
Retention of customs revenue functions by Secretary of the Treasury.
Preservation of customs funds.
Separate budget request for customs.
Definition.
GAO report to Congress.
Allocation of resources by the Secretary.
Reports to Congress.
Customs user fees.
SUBTITLE C—MISCELLANEOUS PROVISIONS
Transfer of certain agricultural inspection functions of the Department
of Agriculture.
Functions of Administrator of General Services.
Functions of Transportation Security Administration.
Preservation of Transportation Security Administration as a distinct
entity.
Explosive detection systems.
Transportation security.
Coordination of information and information technology.
Visa issuance.
Information on visa denials required to be entered into electronic data
system.
Office for Domestic Preparedness.
Office of Cargo Security Policy.
SUBTITLE D—IMMIGRATION ENFORCEMENT FUNCTIONS
Transfer of functions to Under Secretary for Border and Transportation
Security.
Establishment of Bureau of Border Security.
Professional responsibility and quality review.
Employee discipline.
Report on improving enforcement functions.
Sense of Congress regarding construction of fencing near San Diego,
California.
SUBTITLE E—CITIZENSHIP AND IMMIGRATION SERVICES
Establishment of Bureau of Citizenship and Immigration Services.

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HOMELAND SECURITY ACT OF 2002
SEC. 452.
SEC. 453.
SEC. 454.
SEC. 455.
SEC. 456.
SEC. 457.
SEC. 458.
SEC. 459.
SEC. 460.
SEC. 461.
SEC. 462.
SEC. 471.
SEC. 472.
SEC. 473.
SEC. 474.
SEC. 475.
SEC. 476.
SEC. 477.
SEC. 478.
SEC. 501.
SEC. 502.
SEC. 503.
SEC. 504.
SEC. 505.
SEC. 506.
SEC. 507.
SEC. 508.
SEC. 509.
SEC. 510.
SEC. 511.
SEC. 512.
SEC. 513.
SEC. 514.
SEC. 515.
SEC. 516.
SEC. 517.
SEC. 518.
SEC. 519.
SEC. 520.
SEC. 521.

Citizenship and Immigration Services Ombudsman.
Professional responsibility and quality review.
Employee discipline.
Effective date.
Transition.
Funding for citizenship and immigration services.
Backlog elimination.
Report on improving immigration services.
Report on responding to fluctuating needs.
Application of Internet-based technologies.
Children’s affairs.
SUBTITLE F—GENERAL IMMIGRATION PROVISIONS
Abolishment of INS.
Voluntary separation incentive payments.
Authority to conduct a demonstration project relating to disciplinary
action.
Sense of Congress.
Director of Shared Services.
Separation of funding.
Reports and implementation plans.
Immigration functions.
TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE
Definitions.
Definition.
Federal Emergency Management Agency.
Authorities and responsibilities.
Functions transferred.
Preserving the Federal Emergency Management Agency.
Regional Offices.
National Advisory Council.
National Integration Center.
Credentialing and typing.
The National Infrastructure Simulation and Analysis Center.
Evacuation plans and exercises.
Disability Coordinator.
Department and Agency officials.
National Operations Center.
Chief Medical Officer.
Nuclear incident response.
Conduct of certain public health-related activities.
Use of national private sector networks in emergency response.
Use of commercially available technology, goods, and services.
Procurement of security countermeasures for strategic national
stockpile.

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HOMELAND SECURITY ACT OF 2002
SEC. 522.
SEC. 523.
SEC. 524.

Model standards and guidelines for critical infrastructure workers.
Guidance and recommendations.
Voluntary private sector preparedness accreditation and certification
program.

TITLE VI—TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES
OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
SEC. 601.
Treatment of charitable trusts for members of the Armed Forces of the
United States and other governmental organizations.
SEC. 701.
SEC. 702.
SEC. 703.
SEC. 704.
SEC. 705.
SEC. 706.
SEC. 707.

TITLE VII—MANAGEMENT
Under Secretary for Management.
Chief Financial Officer.
Chief Information Officer.
Chief Human Capital Officer.
Establishment of Officer for Civil Rights and Civil Liberties.
Consolidation and co-location of offices.
Quadrennial Homeland Security Review.

TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
SEC. 801.

SUBTITLE A—COORDINATION WITH NON-FEDERAL ENTITIES
Office for State and Local Government Coordination.

SEC. 811.
SEC. 812.

SUBTITLE B—INSPECTOR GENERAL
Authority of the Secretary.
Law enforcement powers of Inspector General agents.

SEC. 821.

SUBTITLE C—UNITED STATES SECRET SERVICE
Functions transferred.

SEC. 831.
SEC. 832.
SEC. 833.
SEC. 834.
SEC. 835.

SUBTITLE D—ACQUISITIONS
Research and development projects.
Personal services.
Special streamlined acquisition authority.
Unsolicited proposals.
Prohibition on contracts with corporate expatriates.

SEC. 841.
SEC. 842.
SEC. 843.
SEC. 844.
SEC. 845.

SUBTITLE E—HUMAN RESOURCES MANAGEMENT
Establishment of Human Resources Management System.
Labor-management relations.
Use of counternarcotics enforcement activities in certain employee
performance appraisals.
Homeland Security Rotation Program.
Homeland Security Education Program.

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HOMELAND SECURITY ACT OF 2002
SEC. 851.
SEC. 852.
SEC. 853.
SEC. 854.
SEC. 855.
SEC. 856.
SEC. 857.
SEC. 858.

SEC. 861.
SEC. 862.
SEC. 863.
SEC. 864.
SEC. 865.
SEC. 871.
Sec. 872.
SEC. 873.
SEC. 874.
SEC. 875.
SEC. 876.
SEC. 877.
SEC. 878.
SEC. 879.
SEC. 880.
SEC. 881.
SEC. 882.
SEC. 883.
SEC. 884.
SEC. 885.
SEC. 886.
SEC. 887.
SEC. 888.
SEC. 889.
SEC. 890.

SUBTITLE F—FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY
Definition.
Procurements for defense against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack.
Increased simplified acquisition threshold for procurements in support
of humanitarian or peacekeeping operations or contingency operations.
Increased micro-purchase threshold for certain procurements.
Application of certain commercial items authorities to certain
procurements.
Use of streamlined procedures.
Review and report by Comptroller General.
Identification of new entrants into the Federal marketplace.
SUBTITLE G—SUPPORT ANTI-TERRORISM BY
FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002
Short title.
Administration.
Litigation management.
Risk management.
Definitions.
SUBTITLE H—MISCELLANEOUS PROVISIONS
Advisory committees.
Reorganization.
Use of appropriated funds.
Future Year Homeland Security Program.
Miscellaneous authorities.
Military activities.
Regulatory authority and preemption.
Counternarcotics officer.
Office of International Affairs.
Prohibition of the Terrorism Information and Prevention System.
Review of pay and benefit plans.
Office for National Capital Region Coordination.
Requirement to comply with laws protecting equal employment
opportunity and providing whistleblower protections.
Federal Law Enforcement Training Center.
Joint Interagency Task Force.
Sense of Congress reaffirming the continued importance and
applicability of the Posse Comitatus Act.
Coordination with the Department of Health and Human Services under
the Public Health Service Act.
Preserving Coast Guard mission performance.
Homeland security funding analysis in President’s budget.
Air Transportation Safety and System Stabilization Act.

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HOMELAND SECURITY ACT OF 2002
SEC. 891.
SEC. 892.
SEC. 893.
SEC. 894.
SEC. 895.
SEC. 896.
SEC. 897.
SEC. 898.
SEC. 899.

SUBTITLE I—INFORMATION SHARING
Short title; findings; and sense of Congress.
Facilitating homeland security information sharing procedures.
Report.
Authorization of appropriations.
Authority to share grand jury information.
Authority to share electronic, wire, and oral interception information.
Foreign intelligence information.
Information acquired from an electronic surveillance.
Information acquired from a physical search.

SEC. 901.
SEC. 902.
SEC. 903.
SEC. 904.
SEC. 905.
SEC. 906.

TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL
National Homeland Security Council.
Function.
Membership.
Other functions and activities.
Staff composition.
Relation to the National Security Council.

SEC. 1001.
SEC. 1002.
SEC. 1003.
SEC. 1004.
SEC. 1005.
SEC. 1006.

TITLE X—INFORMATION SECURITY
Information security.
Management of information technology.
National Institute of Standards and Technology.
Information Security and Privacy Advisory Board.
Technical and conforming amendments.
Construction.
TITLE XI—DEPARTMENT OF JUSTICE DIVISIONS

SEC. 1101.
SEC. 1102.
SEC. 1103.

SEC. 1111.
SEC. 1112.
SEC. 1113.
SEC. 1114.
SEC. 1115.
SEC. 1121.
SEC. 1122.

SUBTITLE A—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Legal status of EOIR.
Authorities of the Attorney General.
Statutory construction.
SUBTITLE B—TRANSFER OF THE BUREAU OF ALCOHOL,
TOBACCO AND FIREARMS TO THE DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Technical and conforming amendments.
Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
Explosives training and research facility.
Personnel management demonstration project.
SUBTITLE C—EXPLOSIVES
Short title.
Permits for purchasers of explosives.

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HOMELAND SECURITY ACT OF 2002
SEC. 1123.
SEC. 1124.
SEC. 1125.
SEC. 1126.
SEC. 1127.
SEC. 1128.
SEC. 1201.
SEC. 1202.
SEC. 1203.
SEC. 1204.

Persons prohibited from receiving or possessing explosive materials.
Requirement to provide samples of explosive materials and ammonium
nitrate.
Destruction of property of institutions receiving Federal financial
assistance.
Relief from disabilities.
Theft reporting requirement.
Authorization of appropriations.
TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION
Air carrier liability for third party claims arising out of acts of
terrorism.
Extension of insurance policies.
Correction of reference.
Report.
TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT

SEC. 1301.
SEC. 1302.
SEC. 1303.
SEC. 1304.
SEC. 1305.

SUBTITLE A—CHIEF HUMAN CAPITAL OFFICERS
Short title.
Agency Chief Human Capital Officers.
Chief Human Capital Officers Council.
Strategic human capital management.
Effective date.

SUBTITLE B—REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 1311.
Inclusion of agency human capital strategic planning in performance
plans and programs performance reports.
SEC. 1312.
Reform of the competitive service hiring process.
SEC. 1313.
Permanent extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early retirement.
SEC. 1314.
Student volunteer transit subsidy.
SUBTITLE C—REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
SEC. 1321.
Repeal of recertification requirements of senior executives.
SEC. 1322.
Adjustment of limitation on total annual compensation.
SEC. 1331.
SEC. 1332.

SUBTITLE D—ACADEMIC TRAINING
Academic training.
Modifications to National Security Education Program.

SEC. 1401.
SEC. 1402.
SEC. 1403.
SEC. 1404.

TITLE XIV—ARMING PILOTS AGAINST TERRORISM
Short title.
Federal Flight Deck Officer Program.
Crew training.
Commercial airline security study.

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HOMELAND SECURITY ACT OF 2002
SEC. 1405.
SEC. 1406.

Authority to arm flight deck crew with less-than-lethal weapons.
Technical amendments.
TITLE XV—TRANSITION

SEC. 1501.
SEC. 1502.
SEC. 1503.

SUBTITLE A—REORGANIZATION PLAN
Definitions.
Reorganization plan.
Review of congressional committee structures.

SEC. 1511.
SEC. 1512.
SEC. 1513.
SEC. 1514.
SEC. 1515.
SEC. 1516.
SEC. 1517.

SUBTITLE B—TRANSITIONAL PROVISIONS
Transitional authorities.
Savings provisions.
Terminations.
National identification system not authorized.
Continuity of Inspector General oversight.
Incidental transfers.
Reference.

SEC. 1601.
SEC. 1602.
SEC. 1603.

SEC. 1701.
SEC. 1702.
SEC. 1703.
SEC. 1704.
SEC. 1705.
SEC. 1706.
SEC. 1707.
SEC. 1708.
SEC. 1709.
SEC. 1710.
SEC. 1711.
SEC. 1712.
SEC. 1713.
SEC. 1714.
SEC. 1715.
SEC. 1716.
SEC. 1717.

TITLE XVI—CORRECTIONS TO EXISTING LAW RELATING TO
AIRLINE TRANSPORTATION SECURITY
Retention of security sensitive information authority at Department of
Transportation.
Increase in civil penalties.
Allowing United States citizens and United States nationals as
screeners.
TITLE XVII—CONFORMING AND TECHNICAL AMENDMENTS
Inspector General Act of 1978.
Executive Schedule.
United States Secret Service.
Coast Guard.
Strategic national stockpile and smallpox vaccine development.
Transfer of certain security and law enforcement functions and
authorities.
Transportation security regulations.
National Bio-Weapons Defense Analysis Center.
Collaboration with the Secretary of Homeland Security.
Railroad safety to include railroad security.
Hazmat safety to include hazmat security.
Office of Science and Technology Policy.
National Oceanographic Partnership Program.
Clarification of definition of manufacturer.
Clarification of definition of vaccine-related injury or death.
Clarification of definition of vaccine.
Effective date.

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HOMELAND SECURITY ACT OF 2002
SEC. 1801.
SEC. 1802.
SEC. 1803.
SEC. 1804.
SEC. 1805.
SEC. 1806.
SEC. 1807.
SEC. 1808.
SEC. 1809.
SEC. 1810.

TITLE XVIII—EMERGENCY COMMUNICATIONS
Office for Emergency Communications.
National Emergency Communications Plan.
Assessments and reports.
Coordination of Federal emergency communications grant programs.
Regional emergency communications coordination.
Emergency Communications Preparedness Center.
Urban and other high-risk area communications capabilities.
Definition.
Interoperable Emergency Communications Grant Program.
Border interoperability demonstration project.

Sec. 1901.
Sec. 1902.
Sec. 1903.
Sec. 1904.
Sec. 1905.
Sec. 1906.
Sec. 1907.

TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE
Domestic Nuclear Detection Office.
Mission of Office.
Hiring authority.
Testing authority.
Relationship to other Department entities and Federal agencies.
Contracting and grant making authorities.
Joint annual interagency review of global nuclear detection.

Sec. 2001.

TITLE XX—HOMELAND SECURITY GRANTS
Definitions.

Sec. 2002.
Sec. 2003.
Sec. 2004.
Sec. 2005.
Sec. 2006.
Sec. 2007.
Sec. 2008.
Sec. 2021.
Sec. 2022.

SUBTITLE A—GRANTS TO STATES AND HIGH-RISK URBAN AREAS
Homeland Security Grant Programs.
Urban Area Security Initiative.
State Homeland Security Grant Program.
Grants to directly eligible tribes.
Terrorism prevention.
Prioritization.
Use of funds.
SUBTITLE B—GRANTS ADMINISTRATION
Administration and coordination.
Accountability.

Definitions
SEC. 2. [6 U.S.C. §101]
In this Act, the following definitions apply:
(1) Each of the terms “American homeland” and “homeland” means the
United States.
(2) The term “appropriate congressional committee” means any
committee of the House of Representatives or the Senate having
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HOMELAND SECURITY ACT OF 2002
legislative or oversight jurisdiction under the Rules of the House of
Representatives or the Senate, respectively, over the matter concerned.
(3) The term “assets” includes contracts, facilities, property, records,
unobligated or unexpended balances of appropriations, and other funds
or resources(other than personnel).
(4) The term “critical infrastructure” has the meaning given that term in
section 1016(e) of Public Law 107-56(42 U.S.C. §5195c(e)).
(5) The term “Department” means the Department of Homeland
Security.
(6) The term “emergency response providers” includes Federal, State,
and local governmental and nongovernmental emergency public safety,
fire, law enforcement, emergency response, emergency
medical(including hospital emergency facilities), and related personnel,
agencies, and authorities.
(7) The term “executive agency” means an executive agency and a
military department, as defined, respectively, in sections 105 and 102 of
title 5, United States Code.
(8) The term “functions” includes authorities, powers, rights, privileges,
immunities, programs, projects, activities, duties, and responsibilities.
(9) The term “intelligence component of the Department: means any
element or entity of the Department that collects, gathers, processes,
analyzes, produces, or disseminates intelligence information within the
scope of the information sharing environment, including homeland
security information, terrorism information, and weapons of mass
destruction information, or national intelligence, as defined under section
3(5) of the National Security Act of 1947 (50 U.S.C. §401a(5)), except—
(A) the United States Secret Service; and
(B) the Coast Guard, when operating under the direct authority
of the Secretary of Defense or Secretary of the Navy pursuant to
section 3 of title 14, United States Code, except that nothing in
this paragraph shall affect or diminish the authority and
responsibilities of the Commandant of the Coast Guard to
command or control the Coast Guard as an armed force or the
authority of the Director of National Intelligence with respect to
the Coast Guard as an element of the intelligence community (as
defined under section 3(4) of the National Security Act of 1947
(50 U.S.C. §401a(4)).
(10) The term “key resources” means publicly or privately controlled
resources essential to the minimal operations of the economy and
government.
(11) The term “local government” means—
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HOMELAND SECURITY ACT OF 2002
(A) a county, municipality, city, town, township, local public
authority, school district, special district, intrastate district,
council of governments(regardless of whether the council of
governments is incorporated as a nonprofit corporation under
State law), regional or interstate government entity, or agency or
instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization, or in Alaska
a Native village or Alaska Regional Native Corporation; and
(C) a rural community, unincorporated town or village, or other
public entity.
(12) The term “major disaster” has the meaning given in section 102(2)
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act(42 U.S.C. §5122).
(13) The term “personnel” means officers and employees.
(14) The term “Secretary” means the Secretary of Homeland Security.
(15) The term “State” means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and any possession of the United States.
(16) The term “terrorism” means any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially destructive
of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United
States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
(17)(A) The term “United States”, when used in a geographic sense,
means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, any
possession of the United States, and any waters within the jurisdiction of
the United States.
(B) Nothing in this paragraph or any other provision of this Act
shall be construed to modify the definition of “United States” for
the purposes of the Immigration and Nationality Act or any other
immigration or nationality law.
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HOMELAND SECURITY ACT OF 2002
(18) The term “voluntary preparedness standards” means a common set
of criteria for preparedness, disaster management, emergency
management, and business continuity programs, such as the American
National Standards Institute’s National Fire Protection Association
Standard on Disaster/Emergency Management and Business Continuity
Programs (ANSI/NFPA 1600).
CONSTRUCTION; SEVERABILITY
SEC. 3. [6 U.S.C. §102]
Any provision of this Act held to be invalid or unenforceable by its terms, or as
applied to any person or circumstance, shall be construed so as to give it the
maximum effect permitted by law, unless such holding shall be one of utter
invalidity or unenforceability, in which event such provision shall be deemed
severable from this Act and shall not affect the remainder thereof, or the
application of such provision to other persons not similarly situated or to other,
dissimilar circumstances.
EFFECTIVE DATE
SEC. 4. [6 U.S.C. §101 note]
This Act shall take effect 60 days after the date of enactment.
TITLE I—DEPARTMENT OF HOMELAND SECURITY
EXECUTIVE DEPARTMENT; MISSION
SEC. 101. [6 U.S.C. §111]
(a) ESTABLISHMENT.—There is established a Department of Homeland Security,
as an executive department of the United States within the meaning of title 5,
United States Code.
(b) MISSION.—
(1) IN GENERAL.— The primary mission of the Department is to—
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to terrorism;
(C) minimize the damage, and assist in the recovery, from
terrorist attacks that do occur within the United States;
(D) carry out all functions of entities transferred to the
Department, including by acting as a focal point regarding
natural and manmade crises and emergency planning;
(E) ensure that the functions of the agencies and subdivisions
within the Department that are not related directly to securing the
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HOMELAND SECURITY ACT OF 2002
homeland are not diminished or neglected except by a specific
explicit Act of Congress;
(F) ensure that the overall economic security of the United States
is not diminished by efforts, activities, and programs aimed at
securing the homeland;
(G) monitor connections between illegal drug trafficking and
terrorism, coordinate efforts to sever such connections, and
otherwise contribute to efforts to interdict illegal drug
trafficking; and
(H) monitor connections between illegal drug trafficking and
terrorism, coordinate efforts to sever such connections, and
otherwise contribute to efforts to interdict illegal drug
trafficking.
(2) RESPONSIBILITY FOR INVESTIGATING AND PROSECUTING
TERRORISM.— Except as specifically provided by law with respect to
entities transferred to the Department under this Act, primary
responsibility for investigating and prosecuting acts of terrorism shall be
vested not in the Department, but rather in Federal, State, and local law
enforcement agencies with jurisdiction over the acts in question.
SECRETARY; FUNCTIONS
SEC. 102. [6 U.S.C. §112]
(a) SECRETARY.—
(1) IN GENERAL.—There is a Secretary of Homeland Security, appointed
by the President, by and with the advice and consent of the Senate.
(2) HEAD OF DEPARTMENT.—The Secretary is the head of the
Department and shall have direction, authority, and control over it.
(3) Functions vested in secretary.—All functions of all officers,
employees, and organizational units of the Department are vested in the
Secretary.
(b) FUNCTIONS.—The Secretary—
(1) except as otherwise provided by this Act, may delegate any of the
Secretary’s functions to any officer, employee, or organizational unit of
the Department;
(2) shall have the authority to make contracts, grants, and cooperative
agreements, and to enter into agreements with other executive agencies,
as may be necessary and proper to carry out the Secretary’s
responsibilities under this Act or otherwise provided by law; and
(3) shall take reasonable steps to ensure that information systems and
databases of the Department are compatible with each other and with
appropriate databases of other Departments.
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(c) COORDINATION WITH NON-FEDERAL ENTITIES.—With respect to homeland
security, the Secretary shall coordinate through the Office of State and Local
Coordination(established under section 801)(including the provision of training
and equipment) with State and local government personnel, agencies, and
authorities, with the private sector, and with other entities, including by:
(1) coordinating with State and local government personnel, agencies,
and authorities, and with the private sector, to ensure adequate planning,
equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consolidating, the Federal
Government’s communications and systems of communications relating
to homeland security with State and local government personnel,
agencies, and authorities, the private sector, other entities, and the public;
and
(3) distributing or, as appropriate, coordinating the distribution of,
warnings and information to State and local government personnel,
agencies, and authorities and to the public.
(d) MEETINGS OF NATIONAL SECURITY COUNCIL.—The Secretary may, subject
to the direction of the President, attend and participate in meetings of the
National Security Council.
(e) ISSUANCE OF REGULATIONS.—The issuance of regulations by the Secretary
shall be governed by the provisions of chapter 5 of title 5, United States Code,
except as specifically provided in this Act, in laws granting regulatory authorities
that are transferred by this Act, and in laws enacted after the date of enactment of
this Act.
(f) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary shall appoint a
Special Assistant to the Secretary who shall be responsible for—
(1) creating and fostering strategic communications with the private
sector to enhance the primary mission of the Department to protect the
American homeland;
(2) advising the Secretary on the impact of the Department’s policies,
regulations, processes, and actions on the private sector;
(3) interfacing with other relevant Federal agencies with homeland
security missions to assess the impact of these agencies’ actions on the
private sector;
(4) creating and managing private sector advisory councils composed of
representatives of industries and associations designated by the Secretary
to—
(A) advise the Secretary on private sector products, applications,
and solutions as they relate to homeland security challenges;
(B) advise the Secretary on homeland security policies,
regulations, processes, and actions that affect the participating
industries and associations; and
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(C) advise the Secretary on private sector preparedness issues,
including effective methods for—
(i) promoting voluntary preparedness standards to the
private sector; and
(ii) assisting the private sector in adopting voluntary
preparedness standards;
(5) working with Federal laboratories, federally funded research and
development centers, other federally funded organizations, academia,
and the private sector to develop innovative approaches to address
homeland security challenges to produce and deploy the best available
technologies for homeland security missions;
(6) promoting existing public-private partnerships and developing new
public-private partnerships to provide for collaboration and mutual
support to address homeland security challenges;
(7) assisting in the development and promotion of private sector best
practices to secure critical infrastructure;
(8) providing information to the private sector regarding voluntary
preparedness standards and the business justification for preparedness
and promoting to the private sector the adoption of voluntary
preparedness standards;
(9) coordinating industry efforts, with respect to functions of the
Department of Homeland Security, to identify private sector resources
and capabilities that could be effective in supplementing Federal, State,
and local government agency efforts to prevent or respond to a terrorist
attack;
(10) coordinating with the Directorate of Border and Transportation
Security and the Assistant Secretary for Trade Development of the
Department of Commerce on issues related to the travel and tourism
industries; and
(11) consulting with the Office of State and Local Government
Coordination and Preparedness on all matters of concern to the private
sector, including the tourism industry.
(g) STANDARDS POLICY.—All standards activities of the Department shall be
conducted in accordance with section 12(d) of the National Technology Transfer
Advancement Act of 1995(15 U.S.C. §272 note) and Office of Management and
Budget Circular A-119.

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OTHER OFFICERS
SEC. 103. [6 U.S.C. §113]
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—There are the following
officers, appointed by the President, by and with the advice and consent of the
Senate:
(1) A Deputy Secretary of Homeland Security, who shall be the
Secretary’s first assistant for purposes of subchapter III of chapter 33 of
title 5, United States Code.
(2) An Under Secretary for Science and Technology.
(3) An Under Secretary for Border and Transportation Security.
(4) An Administrator of the Federal Emergency Management Agency
(5) A Director of the Bureau of Citizenship and Immigration Services.
(6) An Under Secretary for Management.
(7) A Director of the Office of Counternarcotics Enforcement .
(8) An Under Secretary responsible for overseeing critical infrastructure
protection, cybersecurity, and other related programs of the Department.
(9) Not more than 12 Assistant Secretaries.
(10) A General Counsel, who shall be the chief legal officer of the
Department.
(b) INSPECTOR GENERAL.—There shall be in the Department an Office of
Inspector General and an Inspector General at the head of such office, as
provided in the Inspector General Act of 1978(5 U.S.C. App.).
(c) COMMANDANT OF THE COAST GUARD.—To assist the Secretary in the
performance of the Secretary’s functions, there is a Commandant of the Coast
Guard, who shall be appointed as provided in section 44 of title 14, United States
Code, and who shall report directly to the Secretary. In addition to such duties as
may be provided in this Act and as assigned to the Commandant by the
Secretary, the duties of the Commandant shall include those required by section 2
of title 14, United States Code.
(d) OTHER OFFICERS.—To assist the Secretary in the performance of the
Secretary’s functions, there are the following officers, appointed by the
President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) A Chief Human Capital Officer.
(4) An Officer for Civil Rights and Civil Liberties.
(5) A Director for Domestic Nuclear Detection
(e) CHIEF FINANCIAL OFFICER. There shall be in the Department a Chief
Financial Officer, as provided in chapter 9 of title 31, United States Code [31
U.S.C. §§901 et seq,].
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(f) PERFORMANCE OF SPECIFIC FUNCTIONS.—Subject to the provisions of this
Act, every officer of the Department shall perform the functions specified by law
for the official’s office or prescribed by the Secretary.
TITLE II—INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION
SUBTITLE A—INFORMATION AND ANALYSIS AND INFRASTRUCTURE
PROTECTION; ACCESS TO INFORMATION
INFORMATION AND ANALYSIS AND INFRASTRUCTURE
PROTECTION; ACCESS TO INFORMATION
SEC. 201. [6 U.S.C. §121]
(a) INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION,—There
shall be in the Department an Office of Intelligence and Analysis and an Office
of Infrastructure Protection.
(b) Under Secretary for Intelligence and Analysis and Assistant Secretary for
Infrastructure Protection(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office of
Intelligence and Analysis shall be headed by an Under Secretary for
Intelligence and Analysis, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary for
Intelligence and Analysis shall serve as the Chief Intelligence Officer of
the Department.
(3) OFFICE OF INFRASTRUCTURE PROTECTION.—The Office of
Infrastructure Protection shall be headed by an Assistant Secretary for
Infrastructure Protection, who shall be appointed by the President.
(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall ensure that the
responsibilities of the Department relating to information analysis and
infrastructure protection, including those described in subsection (d), are carried
out through the Under Secretary for Intelligence and Analysis or the Assistant
Secretary for Infrastructure Protection, as appropriate.
(d) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE AND
ANALYSIS AND INFRASTRUCTURE PROTECTION.—The responsibilities of the
Secretary relating to intelligence analysis and infrastructure protection shall be as
follows:
(1) To access, receive, and analyze law enforcement information,
intelligence information, and other information from agencies of the
Federal Government, State and local government agencies(including law
enforcement agencies), and private sector entities, and to integrate such
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information, in support of the mission responsibilities of the Department
and the functions of the National Counterterrorism Center established
under section 119 of the National Security Act of 1947 ( 50 U.S.C.
§404o), in order to—
(A) identify and assess the nature and scope of terrorist threats to
the homeland;
(B) detect and identify threats of terrorism against the United
States; and
(C) understand such threats in light of actual and potential
vulnerabilities of the homeland.
(2) To carry out comprehensive assessments of the vulnerabilities of the
key resources and critical infrastructure of the United States, including
the performance of risk assessments to determine the risks posed by
particular types of terrorist attacks within the United States(including an
assessment of the probability of success of such attacks and the
feasibility and potential efficacy of various countermeasures to such
attacks).
(3) To integrate relevant information, analyses, and vulnerability
assessments(whether such information, analyses, or assessments are
provided or produced by the Department or others) in order to identify
priorities for protective and support measures by the Department, other
agencies of the Federal Government, State and local government
agencies and authorities, the private sector, and other entities.
(4) To ensure, pursuant to section 202, the timely and efficient access by
the Department to all information necessary to discharge the
responsibilities under this section, including obtaining such information
from other agencies of the Federal Government.
(5) To develop a comprehensive national plan for securing the key
resources and critical infrastructure of the United States, including power
production, generation, and distribution systems, information technology
and telecommunications systems(including satellites), electronic
financial and property record storage and transmission systems,
emergency preparedness communications systems, and the physical and
technological assets that support such systems.
(6) To recommend measures necessary to protect the key resources and
critical infrastructure of the United States in coordination with other
agencies of the Federal Government and in cooperation with State and
local government agencies and authorities, the private sector, and other
entities.
(7) To review, analyze, and make recommendations for improvements to
the policies and procedures governing the sharing of information within
the scope of the information sharing environment established under
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section 1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. §485), including homeland security information,
terrorism information, and weapons of mass destruction information, and
any policies, guidelines, procedures, instructions, or standards
established under that section.
(8) To disseminate, as appropriate, information analyzed by the
Department within the Department, to other agencies of the Federal
Government with responsibilities relating to homeland security, and to
agencies of State and local governments and private sector entities with
such responsibilities in order to assist in the deterrence, prevention,
preemption of, or response to, terrorist attacks against the United States.
(9) To consult with the Director of National Intelligence and other
appropriate intelligence, law enforcement, or other elements of the
Federal Government to establish collection priorities and strategies for
information, including law enforcement-related information, relating to
threats of terrorism against the United States through such means as the
representation of the Department in discussions regarding requirements
and priorities in the collection of such information.
(10) To consult with State and local governments and private sector
entities to ensure appropriate exchanges of information, including law
enforcement-related information, relating to threats of terrorism against
the United States.
(11) To ensure that—
(A) any material received pursuant to this Act is protected from
unauthorized disclosure and handled and used only for the
performance of official duties; and
(B) any intelligence information under this Act is shared,
retained, and disseminated consistent with the authority of the
Director of National Intelligence to protect intelligence sources
and methods under the National Security Act of 1947(50 U.S.C.
§401 et seq.) and related procedures and, as appropriate, similar
authorities of the Attorney General concerning sensitive law
enforcement information.
(12) To request additional information from other agencies of the Federal
Government, State and local government agencies, and the private sector
relating to threats of terrorism in the United States, or relating to other
areas of responsibility assigned by the Secretary, including the entry into
cooperative agreements through the Secretary to obtain such information.
(13) To establish and utilize, in conjunction with the chief information
officer of the Department, a secure communications and information
technology infrastructure, including data-mining and other advanced
analytical tools, in order to access, receive, and analyze data and
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information in furtherance of the responsibilities under this section, and
to disseminate information acquired and analyzed by the Department, as
appropriate.
(14) To ensure, in conjunction with the chief information officer of the
Department, that any information databases and analytical tools
developed or utilized by the Department—
(A) are compatible with one another and with relevant
information databases of other agencies of the Federal
Government; and
(B) treat information in such databases in a manner that complies
with applicable Federal law on privacy.
(15) To coordinate training and other support to the elements and
personnel of the Department, other agencies of the Federal Government,
and State and local governments that provide information to the
Department, or are consumers of information provided by the
Department, in order to facilitate the identification and sharing of
information revealed in their ordinary duties and the optimal utilization
of information received from the Department.
(16) To coordinate with elements of the intelligence community and with
Federal, State, and local law enforcement agencies, and the private
sector, as appropriate.
(17) To provide intelligence and information analysis and support to
other elements of the Department.
(18) To coordinate and enhance integration among the intelligence
components of the Department, including through strategic oversight of
the intelligence activities of such components.
(19) To establish the intelligence collection, processing, analysis, and
dissemination priorities, policies, processes, standards, guidelines, and
procedures for the intelligence components of the Department, consistent
with any directions from the President and, as applicable, the Director of
National Intelligence.
(20) To establish a structure and process to support the missions and
goals of the intelligence components of the Department.
(21) To ensure that, whenever possible, the Department—
(A) produces and disseminates unclassified reports and analytic
products based on open-source information; and
(B) produces and disseminates such reports and analytic products
contemporaneously with reports or analytic products concerning
the same or similar information that the Department produced
and disseminated in a classified format.
(22) To establish within the Office of Intelligence and Analysis an
internal continuity of operations plan.
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(23) Based on intelligence priorities set by the President, and guidance
from the Secretary and, as appropriate, the Director of National
Intelligence—
(A) to provide to the heads of each intelligence component of the
Department guidance for developing the budget pertaining to the
activities of such component; and
(B) to present to the Secretary a recommendation for a
consolidated budget for the intelligence components of the
Department, together with any comments from the heads of such
components.
(24) To perform such other duties relating to such responsibilities as the
Secretary may provide.
(25) To prepare and submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security in the House of Representatives, and to other appropriate
congressional committees having jurisdiction over the critical
infrastructure or key resources, for each sector identified in the National
Infrastructure Protection Plan, a report on the comprehensive
assessments carried out by the Secretary of the critical infrastructure and
key resources of the United States, evaluating threat, vulnerability, and
consequence, as required under this subsection. Each such report—
(A) shall contain, if applicable, actions or countermeasures
recommended or taken by the Secretary or the head of another
Federal agency to address issues identified in the assessments;
(B) shall be required for fiscal year 2007 and each subsequent
fiscal year and shall be submitted not later than 35 days after the
last day of the fiscal year covered by the report; and
(C) may be classified.
(e) STAFF.—
(1) IN GENERAL.—The Secretary shall provide the Office of Intelligence
and Analysis and Office of Infrastructure Protection with a staff of
analysts having appropriate expertise and experience to assist the such
offices in discharging responsibilities under this section.
(2) PRIVATE SECTOR ANALYSTS.—Analysts under this subsection may
include analysts from the private sector.
(3) SECURITY CLEARANCES.—Analysts under this subsection shall
possess security clearances appropriate for their work under this section.
(f) DETAIL OF PERSONNEL.—
(1) IN GENERAL.—In order to assist the Office of Intelligence and
Analysis and Office of Infrastructure Protection in discharging
responsibilities under this section, personnel of the agencies referred to
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in paragraph(2) may be detailed to the Department for the performance
of analytic functions and related duties.
(2) COVERED AGENCIES.—The agencies referred to in this paragraph are
as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Government that the
President considers appropriate.
(3) COOPERATIVE AGREEMENTS.— The Secretary and the head of the
agency concerned may enter into cooperative agreements for the purpose
of detailing personnel under this subsection.
(4) BASIS.— The detail of personnel under this subsection may be on a
reimbursable or non-reimbursable basis.
(g) FUNCTIONS TRANSFERRED.—In accordance with title XV, there shall be
transferred to the Secretary, for assignment to the U Office of Intelligence and
Analysis and Office of Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center of the Federal Bureau
of Investigation(other than the Computer Investigations and Operations
Section), including the functions of the Attorney General relating thereto.
(2) The National Communications System of the Department of Defense,
including the functions of the Secretary of Defense relating thereto.
(3) The Critical Infrastructure Assurance Office of the Department of
Commerce, including the functions of the Secretary of Commerce
relating thereto.
(4) The National Infrastructure Simulation and Analysis Center of the
Department of Energy and the energy security and assurance program
and activities of the Department, including the functions of the Secretary
of Energy relating thereto.
(5) The Federal Computer Incident Response Center of the General
Services Administration, including the functions of the Administrator of
General Services relating thereto.
(h) INCLUSION OF CERTAIN ELEMENTS OF THE DEPARTMENT AS ELEMENTS OF
THE INTELLIGENCE COMMUNITY.—Section 3(4) of the National Security Act of
1947(50 U.S.C. §401(a)) is amended—
(1) by striking “and” at the end of subparagraph(I);
(2) by redesignating subparagraph(J) as subparagraph(K); and
(3) by inserting after subparagraph(I) the following new subparagraph:
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“(J) the elements of the Department of Homeland Security concerned
with the analyses of foreign intelligence information; and”.
ACCESS TO INFORMATION
SEC. 202. [6 U.S.C. §122]
(a) IN GENERAL.—
(1) THREAT AND VULNERABILITY INFORMATION.— Except as otherwise
directed by the President, the Secretary shall have such access as the
Secretary considers necessary to all information, including reports,
assessments, analyses, and unevaluated intelligence relating to threats of
terrorism against the United States and to other areas of responsibility
assigned by the Secretary, and to all information concerning
infrastructure or other vulnerabilities of the United States to terrorism,
whether or not such information has been analyzed, that may be
collected, possessed, or prepared by any agency of the Federal
Government.
(2) OTHER INFORMATION.— The Secretary shall also have access to
other information relating to matters under the responsibility of the
Secretary that may be collected, possessed, or prepared by an agency of
the Federal Government as the President may further provide.
(b) MANNER OF ACCESS.—Except as otherwise directed by the President, with
respect to information to which the Secretary has access pursuant to this
section—
(1) the Secretary may obtain such material upon request, and may enter
into cooperative arrangements with other executive agencies to provide
such material or provide Department officials with access to it on a
regular or routine basis, including requests or arrangements involving
broad categories of material, access to electronic databases, or both; and
(2) regardless of whether the Secretary has made any request or entered
into any cooperative arrangement pursuant to paragraph(1), all agencies
of the Federal Government shall promptly provide to the Secretary—
(A) all reports(including information reports containing
intelligence which has not been fully evaluated), assessments,
and analytical information relating to threats of terrorism against
the United States and to other areas of responsibility assigned by
the Secretary;
(B) all information concerning the vulnerability of the
infrastructure of the United States, or other vulnerabilities of the
United States, to terrorism, whether or not such information has
been analyzed;
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(C) all other information relating to significant and credible
threats of terrorism against the United States, whether or not
such information has been analyzed; and
(D) such other information or material as the President may
direct.
(c) TREATMENT UNDER CERTAIN LAWS.—The Secretary shall be deemed to be a
Federal law enforcement, intelligence, protective, national defense, immigration,
or national security official, and shall be provided with all information from law
enforcement agencies that is required to be given to the Director of Central
Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001(Public Law 107-56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure.
(d) ACCESS TO INTELLIGENCE AND OTHER INFORMATION.—
(1) ACCESS BY ELEMENTS OF FEDERAL GOVERNMENT.—Nothing in this
title shall preclude any element of the intelligence community(as that
term is defined in section 3(4) of the National Security Act of 1947(50
U.S.C. §401a(4)), or any other element of the Federal Government with
responsibility for analyzing terrorist threat information, from receiving
any intelligence or other information relating to terrorism.
(2) SHARING OF INFORMATION.—The Secretary, in consultation with the
Director of Central Intelligence, shall work to ensure that intelligence or
other information relating to terrorism to which the Department has
access is appropriately shared with the elements of the Federal
Government referred to in paragraph(1), as well as with State and local
governments, as appropriate.
HOMELAND SECURITY ADVISORY SYSTEM
SEC. 203.
(a) REQUIREMENT.—The Secretary shall administer the Homeland Security
Advisory System in accordance with this section to provide advisories or
warnings regarding the threat or risk that acts of terrorism will be committed on
the homeland to Federal, State, local, and tribal government authorities and to the
people of the United States, as appropriate. The Secretary shall exercise primary
responsibility for providing such advisories or warnings.
(b) REQUIRED ELEMENTS.—In administering the Homeland Security Advisory
System, the Secretary shall—
(1) establish criteria for the issuance and revocation of such advisories or
warnings;

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HOMELAND SECURITY ACT OF 2002
(2) develop a methodology, relying on the criteria established under
paragraph (1), for the issuance and revocation of such advisories or
warnings;
(3) provide, in each such advisory or warning, specific information and
advice regarding appropriate protective measures and countermeasures
that may be taken in response to the threat or risk, at the maximum level
of detail practicable to enable individuals, government entities,
emergency response providers, and the private sector to act
appropriately;
(4) whenever possible, limit the scope of each such advisory or warning
to a specific region, locality, or economic sector believed to be under
threat or at risk; and
(5) not, in issuing any advisory or warning, use color designations as the
exclusive means of specifying homeland security threat conditions that
are the subject of the advisory or warning.
HOMELAND SECURITY INFORMATION SHARING
SEC. 204.
(a) INFORMATION SHARING.—Consistent with section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. §485), the Secretary,
acting through the Under Secretary for Intelligence and Analysis, shall integrate
the information and standardize the format of the products of the intelligence
components of the Department containing homeland security information,
terrorism information, weapons of mass destruction information, or national
intelligence (as defined in section 3(5) of the National Security Act of 1947 (50
U.S.C. §401a(5))) except for any internal security protocols or personnel
information of such intelligence components, or other administrative processes
that are administered by any chief security officer of the Department.
(b) INFORMATION SHARING AND KNOWLEDGE MANAGEMENT OFFICERS.—For
each intelligence component of the Department, the Secretary shall designate an
information sharing and knowledge management officer who shall report to the
Under Secretary for Intelligence and Analysis regarding coordinating the
different systems used in the Department to gather and disseminate homeland
security information or national intelligence (as defined in section 3(5) of the
National Security Act of 1947 (50 U.S.C. §401a(5))).
(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION—
(1) ESTABLISHMENT OF BUSINESS PROCESSES.—The Secretary, acting
through the Under Secretary for Intelligence and Analysis or the
Assistant Secretary for Infrastructure Protection, as appropriate, shall—

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HOMELAND SECURITY ACT OF 2002
(A) establish Department-wide procedures for the review and
analysis of information provided by State, local, and tribal
governments and the private sector;
(B) as appropriate, integrate such information into the
information gathered by the Department and other departments
and agencies of the Federal Government; and
(C) make available such information, as appropriate, within the
Department and to other departments and agencies of the Federal
Government.
(2) FEEDBACK.—The Secretary shall develop mechanisms to provide
feedback regarding the analysis and utility of information provided by
any entity of State, local, or tribal government or the private sector that
provides such information to the Department.
(d) TRAINING AND EVALUATION OF EMPLOYEES—
(1) TRAINING.—The Secretary, acting through the Under Secretary for
Intelligence and Analysis or the Assistant Secretary for Infrastructure
Protection, as appropriate, shall provide to employees of the Department
opportunities for training and education to develop an understanding
of—
(A) the definitions of homeland security information and
national intelligence (as defined in section 3(5) of the National
Security Act of 1947 (50 U.S.C. §401a(5))); and
(B) how information available to such employees as part of their
duties—
(i) might qualify as homeland security information or
national intelligence; and
(ii) might be relevant to the Office of Intelligence and
Analysis and the intelligence components of the
Department.
(2) EVALUATIONS.—The Under Secretary for Intelligence and Analysis
shall—
(A) on an ongoing basis, evaluate how employees of the Office
of Intelligence and Analysis and the intelligence components of
the Department are utilizing homeland security information or
national intelligence, sharing information within the Department,
as described in this title, and participating in the information
sharing environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. §485); and
(B) provide to the appropriate component heads regular reports
regarding the evaluations under subparagraph (A).
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COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE
SEC. 205.
(a) ESTABLISHMENT.—The Secretary, acting through the Under Secretary for
Intelligence and Analysis, shall establish, consistent with the policies and
procedures developed under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. §485), and consistent with the
enterprise architecture of the Department, a comprehensive information
technology network architecture for the Office of Intelligence and Analysis that
connects the various databases and related information technology assets of the
Office of Intelligence and Analysis and the intelligence components of the
Department in order to promote internal information sharing among the
intelligence and other personnel of the Department.
(b) COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE
DEFINED.—The term “comprehensive information technology network
architecture” means an integrated framework for evolving or maintaining
existing information technology and acquiring new information technology to
achieve the strategic management and information resources management goals
of the Office of Intelligence and Analysis.
COORDINATION WITH INFORMATION SHARING ENVIRONMENT
SEC. 206.
(a) GUIDANCE.—All activities to comply with sections 203, 204, and 205 shall
be—
(1) consistent with any policies, guidelines, procedures, instructions, or
standards established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. §485);
(2) implemented in coordination with, as appropriate, the program
manager for the information sharing environment established under that
section;
(3) consistent with any applicable guidance issued by the Director of
National Intelligence; and
(4) consistent with any applicable guidance issued by the Secretary
relating to the protection of law enforcement information or proprietary
information.
(b) CONSULTATION.—In carrying out the duties and responsibilities under this
subtitle, the Under Secretary for Intelligence and Analysis shall take into account
the views of the heads of the intelligence components of the Department.

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INTELLIGENCE COMPONENTS
SEC. 207.
Subject to the direction and control of the Secretary, and consistent with any
applicable guidance issued by the Director of National Intelligence, the
responsibilities of the head of each intelligence component of the Department are
as follows:
(1) To ensure that the collection, processing, analysis, and dissemination
of information within the scope of the information sharing environment,
including homeland security information, terrorism information,
weapons of mass destruction information, and national intelligence (as
defined in section 3(5) of the National Security Act of 1947 (50 U.S.C.
§401a(5))), are carried out effectively and efficiently in support of the
intelligence mission of the Department, as led by the Under Secretary for
Intelligence and Analysis.
(2) To otherwise support and implement the intelligence mission of the
Department, as led by the Under Secretary for Intelligence and Analysis.
(3) To incorporate the input of the Under Secretary for Intelligence and
Analysis with respect to performance appraisals, bonus or award
recommendations, pay adjustments, and other forms of commendation.
(4) To coordinate with the Under Secretary for Intelligence and Analysis
in developing policies and requirements for the recruitment and selection
of intelligence officials of the intelligence component.
(5) To advise and coordinate with the Under Secretary for Intelligence
and Analysis on any plan to reorganize or restructure the intelligence
component that would, if implemented, result in realignments of
intelligence functions.
(6) To ensure that employees of the intelligence component have
knowledge of, and comply with, the programs and policies established by
the Under Secretary for Intelligence and Analysis and other appropriate
officials of the Department and that such employees comply with all
applicable laws and regulations.
(7) To perform such other activities relating to such responsibilities as
the Secretary may provide.
TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS
SEC. 208.
The Secretary shall provide training and guidance for employees, officials, and
senior executives of the intelligence components of the Department to develop
knowledge of laws, regulations, operations, policies, procedures, and programs
that are related to the functions of the Department relating to the collection,
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processing, analysis, and dissemination of information within the scope of the
information sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction information, or national
intelligence (as defined in section 3(5) of the National Security Act of 1947 (50
U.S.C. §401a(5))).
INTELLIGENCE TRAINING DEVELOPMENT FOR
STATE AND LOCAL GOVERNMENT OFFICIALS
SEC. 209.
(a) CURRICULUM.—The Secretary, acting through the Under Secretary for
Intelligence and Analysis, shall—
(1) develop a curriculum for training State, local, and tribal government
officials, including law enforcement officers, intelligence analysts, and
other emergency response providers, in the intelligence cycle and Federal
laws, practices, and regulations regarding the development, handling, and
review of intelligence and other information; and
(2) ensure that the curriculum includes executive level training for senior
level State, local, and tribal law enforcement officers, intelligence
analysts, and other emergency response providers.
(b) TRAINING.—To the extent possible, the Federal Law Enforcement Training
Center and other existing Federal entities with the capacity and expertise to train
State, local, and tribal government officials based on the curriculum developed
under subsection (a) shall be used to carry out the training programs created
under this section. If such entities do not have the capacity, resources, or
capabilities to conduct such training, the Secretary may approve another entity to
conduct such training.
(c) CONSULTATION.—In carrying out the duties described in subsection (a), the
Under Secretary for Intelligence and Analysis shall consult with the Director of
the Federal Law Enforcement Training Center, the Attorney General, the
Director of National Intelligence, the Administrator of the Federal Emergency
Management Agency, and other appropriate parties, such as private industry,
institutions of higher education, nonprofit institutions, and other intelligence
agencies of the Federal Government.
INFORMATION SHARING INCENTIVES
SEC. 210.
(a) AWARDS.—In making cash awards under chapter 45 of title 5, United States
Code, the President or the head of an agency, in consultation with the program
manager designated under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. §485), may consider the success of an
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employee in appropriately sharing information within the scope of the
information sharing environment established under that section, including
homeland security information, terrorism information, and weapons of mass
destruction information, or national intelligence (as defined in section 3(5) of the
National Security Act of 1947 (50 U.S.C. §401a(5)), in a manner consistent with
any policies, guidelines, procedures, instructions, or standards established by the
President or, as appropriate, the program manager of that environment for the
implementation and management of that environment.
(b) OTHER INCENTIVES.—The head of each department or agency described in
section 1016(i) of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. §485(i)), in consultation with the program manager designated under
section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. §485), shall adopt best practices regarding effective ways to educate and
motivate officers and employees of the Federal Government to participate fully
in the information sharing environment, including—
(1) promotions and other nonmonetary awards; and
(2) publicizing information sharing accomplishments by individual
employees and, where appropriate, the tangible end benefits that resulted.
DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL,
AND REGIONAL FUSION CENTER INITIATIVE
SEC. 210A.
(a) ESTABLISHMENT.—The Secretary, in consultation with the program manager
of the information sharing environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. §485), the
Attorney General, the Privacy Officer of the Department, the Officer for Civil
Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties
Oversight Board established under section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. §601 note), shall establish a
Department of Homeland Security State, Local, and Regional Fusion Center
Initiative to establish partnerships with State, local, and regional fusion centers.
(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the Department of
Homeland Security State, Local, and Regional Fusion Center Initiative, and in
coordination with the principal officials of participating State, local, or regional
fusion centers and the officers designated as the Homeland Security Advisors of
the States, the Secretary shall—
(1) provide operational and intelligence advice and assistance to State,
local, and regional fusion centers;
(2) support efforts to include State, local, and regional fusion centers into
efforts to establish an information sharing environment;
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(3) conduct tabletop and live training exercises to regularly assess the
capability of individual and regional networks of State, local, and
regional fusion centers to integrate the efforts of such networks with the
efforts of the Department;
(4) coordinate with other relevant Federal entities engaged in homeland
security-related activities;
(5) provide analytic and reporting advice and assistance to State, local,
and regional fusion centers;
(6) review information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, that is
gathered by State, local, and regional fusion centers, and to incorporate
such information, as appropriate, into the Department’s own such
information;
(7) provide management assistance to State, local, and regional fusion
centers;
(8) serve as a point of contact to ensure the dissemination of information
within the scope of the information sharing environment, including
homeland security information, terrorism information, and weapons of
mass destruction information;
(9) facilitate close communication and coordination between State, local,
and regional fusion centers and the Department;
(10) provide State, local, and regional fusion centers with expertise on
Department resources and operations;
(11) provide training to State, local, and regional fusion centers and
encourage such fusion centers to participate in terrorism threat-related
exercises conducted by the Department; and
(12) carry out such other duties as the Secretary determines are
appropriate.
(c) PERSONNEL ASSIGNMENT.—
(1) IN GENERAL.—The Under Secretary for Intelligence and Analysis
shall, to the maximum extent practicable, assign officers and intelligence
analysts from components of the Department to participating State, local,
and regional fusion centers.
(2) PERSONNEL SOURCES.—Officers and intelligence analysts assigned
to participating fusion centers under this subsection may be assigned
from the following Department components, in coordination with the
respective component head and in consultation with the principal
officials of participating fusion centers:
(A) Office of Intelligence and Analysis.
(B) Office of Infrastructure Protection.
(C) Transportation Security Administration.
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(D) United States Customs and Border Protection.
(E) United States Immigration and Customs Enforcement.
(F) United States Coast Guard.
(G) Other components of the Department, as determined by the
Secretary.
(3) QUALIFYING CRITERIA—
(A) IN GENERAL.—The Secretary shall develop qualifying
criteria for a fusion center to participate in the assigning of
Department officers or intelligence analysts under this section.
(B) CRITERIA.—Any criteria developed under subparagraph (A)
may include—
(i) whether the fusion center, through its mission and
governance structure, focuses on a broad
counterterrorism approach, and whether that broad
approach is pervasive through all levels of the
organization;
(ii) whether the fusion center has sufficient numbers of
adequately trained personnel to support a broad
counterterrorism mission;
(iii) whether the fusion center has—
(I) access to relevant law enforcement,
emergency response, private sector, open source,
and national security data; and
(II) the ability to share and analytically utilize
that data for lawful purposes;
(iv) whether the fusion center is adequately funded by
the State, local, or regional government to support its
counterterrorism mission; and
(v) the relevancy of the mission of the fusion center to
the particular source component of Department officers
or intelligence analysts.
(4) PREREQUISITE.—
(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES
TRAINING.—Before being assigned to a fusion center under this
section, an officer or intelligence analyst shall undergo—
(i) appropriate intelligence analysis or information
sharing training using an intelligence-led policing
curriculum that is consistent with—
(I) standard training and education programs
offered to Department law enforcement and
intelligence personnel; and
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(II) the Criminal Intelligence Systems Operating
Policies under part 23 of title 28, Code of
Federal Regulations (or any corresponding
similar rule or regulation);
(ii) appropriate privacy and civil liberties training that is
developed, supported, or sponsored by the Privacy
Officer appointed under section 222 and the Officer for
Civil Rights and Civil Liberties of the Department, in
consultation with the Privacy and Civil Liberties
Oversight Board established under section 1061 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (5 U.S.C. §601 note); and
(iii) such other training prescribed by the Under
Secretary for Intelligence and Analysis.
(B) PRIOR WORK EXPERIENCE IN AREA.—In determining the
eligibility of an officer or intelligence analyst to be assigned to a
fusion center under this section, the Under Secretary for
Intelligence and Analysis shall consider the familiarity of the
officer or intelligence analyst with the State, locality, or region,
as determined by such factors as whether the officer or
intelligence analyst—
(i) has been previously assigned in the geographic area;
or
(ii) has previously worked with intelligence officials or
law enforcement or other emergency response providers
from that State, locality, or region.
(5) EXPEDITED SECURITY CLEARANCE PROCESSING.—The Under
Secretary for Intelligence and Analysis—
(A) shall ensure that each officer or intelligence analyst assigned
to a fusion center under this section has the appropriate security
clearance to contribute effectively to the mission of the fusion
center; and
(B) may request that security clearance processing be expedited
for each such officer or intelligence analyst and may use
available funds for such purpose.
(6) FURTHER QUALIFICATIONS.—Each officer or intelligence analyst
assigned to a fusion center under this section shall satisfy any other
qualifications the Under Secretary for Intelligence and Analysis may
prescribe.
(d) RESPONSIBILITIES.—An officer or intelligence analyst assigned to a fusion
center under this section shall—
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(1) assist law enforcement agencies and other emergency response
providers of State, local, and tribal governments and fusion center
personnel in using information within the scope of the information
sharing environment, including homeland security information, terrorism
information, and weapons of mass destruction information, to develop a
comprehensive and accurate threat picture;
(2) review homeland security-relevant information from law enforcement
agencies and other emergency response providers of State, local, and
tribal government;
(3) create intelligence and other information products derived from such
information and other homeland security-relevant information provided
by the Department; and
(4) assist in the dissemination of such products, as coordinated by the
Under Secretary for Intelligence and Analysis, to law enforcement
agencies and other emergency response providers of State, local, and
tribal government, other fusion centers, and appropriate Federal
agencies.
(e) BORDER INTELLIGENCE PRIORITY.—
(1) IN GENERAL.—The Secretary shall make it a priority to assign
officers and intelligence analysts under this section from United States
Customs and Border Protection, United States Immigration and Customs
Enforcement, and the Coast Guard to participating State, local, and
regional fusion centers located in jurisdictions along land or maritime
borders of the United States in order to enhance the integrity of and
security at such borders by helping Federal, State, local, and tribal law
enforcement authorities to identify, investigate, and otherwise interdict
persons, weapons, and related contraband that pose a threat to homeland
security.
(2) BORDER INTELLIGENCE PRODUCTS.—When performing the
responsibilities described in subsection (d), officers and intelligence
analysts assigned to participating State, local, and regional fusion centers
under this section shall have, as a primary responsibility, the creation of
border intelligence products that—
(A) assist State, local, and tribal law enforcement agencies in
deploying their resources most efficiently to help detect and
interdict terrorists, weapons of mass destruction, and related
contraband at land or maritime borders of the United States;
(B) promote more consistent and timely sharing of border
security-relevant information among jurisdictions along land or
maritime borders of the United States; and

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(C) enhance the Department’s situational awareness of the threat
of acts of terrorism at or involving the land or maritime borders
of the United States.
(f) DATABASE ACCESS.—In order to fulfill the objectives described under
subsection (d), each officer or intelligence analyst assigned to a fusion center
under this section shall have appropriate access to all relevant Federal databases
and information systems, consistent with any policies, guidelines, procedures,
instructions, or standards established by the President or, as appropriate, the
program manager of the information sharing environment for the implementation
and management of that environment.
(g) CONSUMER FEEDBACK.—
(1) IN GENERAL.—The Secretary shall create a voluntary mechanism for
any State, local, or tribal law enforcement officer or other emergency
response provider who is a consumer of the intelligence or other
information products referred to in subsection (d) to provide feedback to
the Department on the quality and utility of such intelligence products.
(2) REPORT.—Not later than one year after the date of the enactment of
the Implementing Recommendations of the 9/11 Commission Act of
2007, and annually thereafter, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report that includes a description of the consumer
feedback obtained under paragraph (1) and, if applicable, how the
Department has adjusted its production of intelligence products in
response to that consumer feedback.
(h) RULE OF CONSTRUCTION.—
(1) IN GENERAL.—The authorities granted under this section shall
supplement the authorities granted under section 201(d) and nothing in
this section shall be construed to abrogate the authorities granted under
section 201(d).
(2) PARTICIPATION.—Nothing in this section shall be construed to
require a State, local, or regional government or entity to accept the
assignment of officers or intelligence analysts of the Department into the
fusion center of that State, locality, or region.
(i) GUIDELINES.—The Secretary, in consultation with the Attorney General, shall
establish guidelines for fusion centers created and operated by State and local
governments, to include standards that any such fusion center shall—
(1) collaboratively develop a mission statement, identify expectations
and goals, measure performance, and determine effectiveness for that
fusion center;

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(2) create a representative governance structure that includes law
enforcement officers and other emergency response providers and, as
appropriate, the private sector;
(3) create a collaborative environment for the sharing of intelligence and
information among Federal, State, local, and tribal government agencies
(including law enforcement officers and other emergency response
providers), the private sector, and the public, consistent with any
policies, guidelines, procedures, instructions, or standards established by
the President or, as appropriate, the program manager of the information
sharing environment;
(4) leverage the databases, systems, and networks available from public
and private sector entities, in accordance with all applicable laws, to
maximize information sharing;
(5) develop, publish, and adhere to a privacy and civil liberties policy
consistent with Federal, State, and local law;
(6) provide, in coordination with the Privacy Officer of the Department
and the Officer for Civil Rights and Civil Liberties of the Department,
appropriate privacy and civil liberties training for all State, local, tribal,
and private sector representatives at the fusion center;
(7) ensure appropriate security measures are in place for the facility,
data, and personnel;
(8) select and train personnel based on the needs, mission, goals, and
functions of that fusion center;
(9) offer a variety of intelligence and information services and products
to recipients of fusion center intelligence and information; and
(10) incorporate law enforcement officers, other emergency response
providers, and, as appropriate, the private sector, into all relevant phases
of the intelligence and fusion process, consistent with the mission
statement developed under paragraph (1), either through full time
representatives or liaison relationships with the fusion center to enable
the receipt and sharing of information and intelligence.
(j) DEFINITIONS.—In this section—
(1) the term “fusion center” means a collaborative effort of 2 or more
Federal, State, local, or tribal government agencies that combines
resources, expertise, or information with the goal of maximizing the
ability of such agencies to detect, prevent, investigate, apprehend, and
respond to criminal or terrorist activity;
(2) the term “information sharing environment” means the information
sharing environment established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. §485);
(3) the term “intelligence analyst” means an individual who regularly
advises, administers, supervises, or performs work in the collection,
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gathering, analysis, evaluation, reporting, production, or dissemination of
information on political, economic, social, cultural, physical,
geographical, scientific, or military conditions, trends, or forces in
foreign or domestic areas that directly or indirectly affect national
security;
(4) the term “intelligence-led policing” means the collection and analysis
of information to produce an intelligence end product designed to inform
law enforcement decision making at the tactical and strategic levels; and
(5) the term “terrorism information” has the meaning given that term in
section 1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. §485).
(k) Authorization of Appropriations.—There is authorized to be appropriated
$10,000,000 for each of fiscal years 2008 through 2012, to carry out this section,
except for subsection (i), including for hiring officers and intelligence analysts to
replace officers and intelligence analysts who are assigned to fusion centers
under this section.
HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM
SEC. 210B.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary, acting through the Under Secretary for
Intelligence and Analysis, and in consultation with the Chief Human
Capital Officer, shall establish a fellowship program in accordance with
this section for the purpose of—
(A) detailing State, local, and tribal law enforcement officers and
intelligence analysts to the Department in accordance with
subchapter VI of chapter 33 of title 5, United States Code, to
participate in the work of the Office of Intelligence and Analysis
in order to become familiar with—
(i) the relevant missions and capabilities of the
Department and other Federal agencies; and
(ii) the role, programs, products, and personnel of the
Office of Intelligence and Analysis; and
(B) promoting information sharing between the Department and
State, local, and tribal law enforcement officers and intelligence
analysts by assigning such officers and analysts to—
(i) serve as a point of contact in the Department to assist
in the representation of State, local, and tribal
information requirements;
(ii) identify information within the scope of the
information sharing environment, including homeland
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security information, terrorism information, and
weapons of mass destruction information, that is of
interest to State, local, and tribal law enforcement
officers, intelligence analysts, and other emergency
response providers;
(iii) assist Department analysts in preparing and
disseminating products derived from information within
the scope of the information sharing environment,
including homeland security information, terrorism
information, and weapons of mass destruction
information, that are tailored to State, local, and tribal
law enforcement officers and intelligence analysts and
designed to prepare for and thwart acts of terrorism; and
(iv) assist Department analysts in preparing products
derived from information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information, that are
tailored to State, local, and tribal emergency response
providers and assist in the dissemination of such
products through appropriate Department channels.
(2) PROGRAM NAME.—The program under this section shall be known as
the “Homeland Security Information Sharing Fellows Program.”
(b) ELIGIBILITY.—
(1) IN GENERAL.—In order to be eligible for selection as an Information
Sharing Fellow under the program under this section, an individual
shall—
(A) have homeland security-related responsibilities;
(B) be eligible for an appropriate security clearance;
(C) possess a valid need for access to classified information, as
determined by the Under Secretary for Intelligence and Analysis;
(D) be an employee of an eligible entity; and
(E) have undergone appropriate privacy and civil liberties
training that is developed, supported, or sponsored by the
Privacy Officer and the Officer for Civil Rights and Civil
Liberties, in consultation with the Privacy and Civil Liberties
Oversight Board established under section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. §601 note).
(2) ELIGIBLE ENTITIES.—In this subsection, the term “eligible entity”
means—
(A) a State, local, or regional fusion center;
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(B) a State or local law enforcement or other government entity
that serves a major metropolitan area, suburban area, or rural
area, as determined by the Secretary;
(C) a State or local law enforcement or other government entity
with port, border, or agricultural responsibilities, as determined
by the Secretary;
(D) a tribal law enforcement or other authority; or
(E) such other entity as the Secretary determines is appropriate.
(c) OPTIONAL PARTICIPATION.—No State, local, or tribal law enforcement or
other government entity shall be required to participate in the Homeland Security
Information Sharing Fellows Program.
(d) PROCEDURES FOR NOMINATION AND SELECTION.—
(1) IN GENERAL.—The Under Secretary for Intelligence and Analysis
shall establish procedures to provide for the nomination and selection of
individuals to participate in the Homeland Security Information Sharing
Fellows Program.
(2) LIMITATIONS.—The Under Secretary for Intelligence and Analysis
shall—
(A) select law enforcement officers and intelligence analysts
representing a broad cross-section of State, local, and tribal
agencies; and
(B) ensure that the number of Information Sharing Fellows
selected does not impede the activities of the Office of
Intelligence and Analysis.
RURAL POLICING INSTITUTE
SEC. 210C.
(a) IN GENERAL.—The Secretary shall establish a Rural Policing Institute, which
shall be administered by the Federal Law Enforcement Training Center, to target
training to law enforcement agencies and other emergency response providers
located in rural areas. The Secretary, through the Rural Policing Institute, shall—
(1) evaluate the needs of law enforcement agencies and other emergency
response providers in rural areas;
(2) develop expert training programs designed to address the needs of
law enforcement agencies and other emergency response providers in
rural areas as identified in the evaluation conducted under paragraph (1),
including training programs about intelligence-led policing and
protections for privacy, civil rights, and civil liberties;
(3) provide the training programs developed under paragraph (2) to law
enforcement agencies and other emergency response providers in rural
areas; and
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(4) conduct outreach efforts to ensure that local and tribal governments
in rural areas are aware of the training programs developed under
paragraph (2) so they can avail themselves of such programs.
(b) CURRICULA.—The training at the Rural Policing Institute established under
subsection (a) shall—
(1) be configured in a manner so as not to duplicate or displace any law
enforcement or emergency response program of the Federal Law
Enforcement Training Center or a local or tribal government entity in
existence on the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007; and
(2) to the maximum extent practicable, be delivered in a cost-effective
manner at facilities of the Department, on closed military installations
with adequate training facilities, or at facilities operated by the
participants.
(c) DEFINITION.—In this section, the term “rural” means an area that is not
located in a metropolitan statistical area, as defined by the Office of Management
and Budget.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be
appropriated to carry out this section (including for contracts, staff, and
equipment)—
(1) $10,000,000 for fiscal year 2008; and
(2) $5,000,000 for each of fiscal years 2009 through 2013.
INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP
SEC. 210D.
(a) IN GENERAL.—To improve the sharing of information within the scope of the
information sharing environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. §485) with
State, local, tribal, and private sector officials, the Director of National
Intelligence, through the program manager for the information sharing
environment, in coordination with the Secretary, shall coordinate and oversee the
creation of an Interagency Threat Assessment and Coordination Group (referred
to in this section as the “ITACG”).
(b) COMPOSITION OF ITACG.—The ITACG shall consist of—
(1) an ITACG Advisory Council to set policy and develop processes for
the integration, analysis, and dissemination of federally-coordinated
information within the scope of the information sharing environment,
including homeland security information, terrorism information, and
weapons of mass destruction information; and
(2) an ITACG Detail comprised of State, local, and tribal homeland
security and law enforcement officers and intelligence analysts detailed
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to work in the National Counterterrorism Center with Federal
intelligence analysts for the purpose of integrating, analyzing, and
assisting in the dissemination of federally-coordinated information
within the scope of the information sharing environment, including
homeland security information, terrorism information, and weapons of
mass destruction information, through appropriate channels identified by
the ITACG Advisory Council.
(c) RESPONSIBILITIES OF PROGRAM MANAGER.—The program manager, in
consultation with the Information Sharing Council, shall—
(1) monitor and assess the efficacy of the ITACG; and
(2) not later than 180 days after the date of the enactment of the
Implementing Recommendations of the 9/11 Commission Act of 2007,
and at least annually thereafter, submit to the Secretary, the Attorney
General, the Director of National Intelligence, the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a
report on the progress of the ITACG.
(d) RESPONSIBILITIES OF SECRETARY.—The Secretary, or the Secretary’s
designee, in coordination with the Director of the National Counterterrorism
Center and the ITACG Advisory Council, shall—
(1) create policies and standards for the creation of information products
derived from information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, that are
suitable for dissemination to State, local, and tribal governments and the
private sector;
(2) evaluate and develop processes for the timely dissemination of
federally-coordinated information within the scope of the information
sharing environment, including homeland security information, terrorism
information, and weapons of mass destruction information, to State,
local, and tribal governments and the private sector;
(3) establish criteria and a methodology for indicating to State, local, and
tribal governments and the private sector the reliability of information
within the scope of the information sharing environment, including
homeland security information, terrorism information, and weapons of
mass destruction information, disseminated to them;
(4) educate the intelligence community about the requirements of the
State, local, and tribal homeland security, law enforcement, and other
emergency response providers regarding information within the scope of
the information sharing environment, including homeland security
information, terrorism information, and weapons of mass destruction
information;
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(5) establish and maintain the ITACG Detail, which shall assign an
appropriate number of State, local, and tribal homeland security and law
enforcement officers and intelligence analysts to work in the National
Counterterrorism Center who shall—
(A) educate and advise National Counterterrorism Center
intelligence analysts about the requirements of the State, local,
and tribal homeland security and law enforcement officers, and
other emergency response providers regarding information
within the scope of the information sharing environment,
including homeland security information, terrorism information,
and weapons of mass destruction information;
(B) assist National Counterterrorism Center intelligence analysts
in integrating, analyzing, and otherwise preparing versions of
products derived from information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information that are unclassified or classified at the
lowest possible level and suitable for dissemination to State,
local, and tribal homeland security and law enforcement
agencies in order to help deter and prevent terrorist attacks;
(C) implement, in coordination with National Counterterrorism
Center intelligence analysts, the policies, processes, procedures,
standards, and guidelines developed by the ITACG Advisory
Council;
(D) assist in the dissemination of products derived from
information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, to
State, local, and tribal jurisdictions only through appropriate
channels identified by the ITACG Advisory Council; and
(E) report directly to the senior intelligence official from the
Department under paragraph (6);
(6) detail a senior intelligence official from the Department of Homeland
Security to the National Counterterrorism Center, who shall—
(A) manage the day-to-day operations of the ITACG Detail;
(B) report directly to the Director of the National
Counterterrorism Center or the Director’s designee; and
(C) in coordination with the Director of the Federal Bureau of
Investigation, and subject to the approval of the Director of the
National Counterterrorism Center, select a deputy from the pool
of available detailees from the Federal Bureau of Investigation in
the National Counterterrorism Center; and
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(7) establish, within the ITACG Advisory Council, a mechanism to select
law enforcement officers and intelligence analysts for placement in the
National Counterterrorism Center consistent with paragraph (5), using
criteria developed by the ITACG Advisory Council that shall encourage
participation from a broadly representative group of State, local, and
tribal homeland security and law enforcement agencies.
(e) MEMBERSHIP.—The Secretary, or the Secretary’s designee, shall serve as the
chair of the ITACG Advisory Council, which shall include—
(1) representatives of—
(A) the Department;
(B) the Federal Bureau of Investigation;
(C) the National Counterterrorism Center;
(D) the Department of Defense;
(E) the Department of Energy;
(F) the Department of State; and
(G) other Federal entities as appropriate;
(2) the program manager of the information sharing environment,
designated under section 1016(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. §485(f)), or the program
manager’s designee; and
(3) executive level law enforcement and intelligence officials from State,
local, and tribal governments.
(f) CRITERIA.—The Secretary, in consultation with the Director of National
Intelligence, the Attorney General, and the program manager of the information
sharing environment established under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. §485), shall—
(1) establish procedures for selecting members of the ITACG Advisory
Council and for the proper handling and safeguarding of products
derived from information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, by those
members; and
(2) ensure that at least 50 percent of the members of the ITACG
Advisory Council are from State, local, and tribal governments.
(g) OPERATIONS.—
(1) IN GENERAL.—Beginning not later than 90 days after the date of
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the ITACG Advisory Council shall meet
regularly, but not less than quarterly, at the facilities of the National
Counterterrorism Center of the Office of the Director of National
Intelligence.
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(2) MANAGEMENT.—Pursuant to section 119(f)(E) of the National
Security Act of 1947 (50 U.S.C. §404o(f)(E)), the Director of the
National Counterterrorism Center, acting through the senior intelligence
official from the Department of Homeland Security detailed pursuant to
subsection (d)(6), shall ensure that—
(A) the products derived from information within the scope of
the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, prepared by the National
Counterterrorism Center and the ITACG Detail for distribution
to State, local, and tribal homeland security and law enforcement
agencies reflect the requirements of such agencies and are
produced consistently with the policies, processes, procedures,
standards, and guidelines established by the ITACG Advisory
Council;
(B) in consultation with the ITACG Advisory Council and
consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) of the
National Security Act of 1947 (50 U.S.C. §402 et seq.), all
products described in subparagraph (A) are disseminated through
existing channels of the Department and the Department of
Justice and other appropriate channels to State, local, and tribal
government officials and other entities;
(C) all detailees under subsection (d)(5) have appropriate access
to all relevant information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, available at the National Counterterrorism Center in
order to accomplish the objectives under that paragraph;
(D) all detailees under subsection (d)(5) have the appropriate
security clearances and are trained in the procedures for
handling, processing, storing, and disseminating classified
products derived from information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information; and
(E) all detailees under subsection (d)(5) complete appropriate
privacy and civil liberties training.
(h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.—The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the ITACG
or any subsidiary groups thereof.
(i) Authorization of Appropriations.—There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2008 through 2012 to
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carry out this section, including to obtain security clearances for the State, local,
and tribal participants in the ITACG.
NATIONAL ASSET DATABASE
SEC. 210E.
(a) ESTABLISHMENT.—
(1) NATIONAL ASSET DATABASE.—The Secretary shall establish and
maintain a national database of each system or asset that—
(A) the Secretary, in consultation with appropriate homeland
security officials of the States, determines to be vital and the
loss, interruption, incapacity, or destruction of which would have
a negative or debilitating effect on the economic security, public
health, or safety of the United States, any State, or any local
government; or
(B) the Secretary determines is appropriate for inclusion in the
database.
(2) PRIORITIZED CRITICAL INFRASTRUCTURE LIST.—In accordance with
Homeland Security Presidential Directive-7, as in effect on January 1,
2007, the Secretary shall establish and maintain a single classified
prioritized list of systems and assets included in the database under
paragraph (1) that the Secretary determines would, if destroyed or
disrupted, cause national or regional catastrophic effects.
(b) USE OF DATABASE.—The Secretary shall use the database established under
subsection (a)(1) in the development and implementation of Department plans
and programs as appropriate.
(c) MAINTENANCE OF DATABASE—
(1) IN GENERAL.—The Secretary shall maintain and annually update the
database established under subsection (a)(1) and the list established
under subsection (a)(2), including—
(A) establishing data collection guidelines and providing such
guidelines to the appropriate homeland security official of each
State;
(B) regularly reviewing the guidelines established under
subparagraph (A), including by consulting with the appropriate
homeland security officials of States, to solicit feedback about
the guidelines, as appropriate;
(C) after providing the homeland security official of a State with
the guidelines under subparagraph (A), allowing the official a
reasonable amount of time to submit to the Secretary any data
submissions recommended by the official for inclusion in the
database established under subsection (a)(1);
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(D) examining the contents and identifying any submissions
made by such an official that are described incorrectly or that do
not meet the guidelines established under subparagraph (A); and
(E) providing to the appropriate homeland security official of
each relevant State a list of submissions identified under
subparagraph (D) for review and possible correction before the
Secretary finalizes the decision of which submissions will be
included in the database established under subsection (a)(1).
(2) ORGANIZATION OF INFORMATION IN DATABASE.—The Secretary
shall organize the contents of the database established under subsection
(a)(1) and the list established under subsection (a)(2) as the Secretary
determines is appropriate. Any organizational structure of such contents
shall include the categorization of the contents—
(A) according to the sectors listed in National Infrastructure
Protection Plan developed pursuant to Homeland Security
Presidential Directive-7; and
(B) by the State and county of their location.
(3) PRIVATE SECTOR INTEGRATION.—The Secretary shall identify and
evaluate methods, including the Department’s Protected Critical
Infrastructure Information Program, to acquire relevant private sector
information for the purpose of using that information to generate any
database or list, including the database established under subsection
(a)(1) and the list established under subsection (a)(2).
(4) RETENTION OF CLASSIFICATION.—The classification of information
required to be provided to Congress, the Department, or any other
department or agency under this section by a sector-specific agency,
including the assignment of a level of classification of such information,
shall be binding on Congress, the Department, and that other Federal
agency.
(d) REPORTS.—
(1) REPORT REQUIRED.—Not later than 180 days after the date of the
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, and annually thereafter, the Secretary shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a report on the database established under
subsection (a)(1) and the list established under subsection (a)(2).
(2) CONTENTS OF REPORT.—Each such report shall include the
following:
(A) The name, location, and sector classification of each of the
systems and assets on the list established under subsection (a)(2).
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(B) The name, location, and sector classification of each of the
systems and assets on such list that are determined by the
Secretary to be most at risk to terrorism.
(C) Any significant challenges in compiling the list of the
systems and assets included on such list or in the database
established under subsection (a)(1).
(D) Any significant changes from the preceding report in the
systems and assets included on such list or in such database.
(E) If appropriate, the extent to which such database and such list
have been used, individually or jointly, for allocating funds by
the Federal Government to prevent, reduce, mitigate, or respond
to acts of terrorism.
(F) The amount of coordination between the Department and the
private sector, through any entity of the Department that meets
with representatives of private sector industries for purposes of
such coordination, for the purpose of ensuring the accuracy of
such database and such list.
(G) Any other information the Secretary deems relevant.
(3) CLASSIFIED INFORMATION.—The report shall be submitted in
unclassified form but may contain a classified annex.
(e) INSPECTOR GENERAL STUDY.—By not later than two years after the date of
enactment of the Implementing Recommendations of the 9/11 Commission Act
of 2007, the Inspector General of the Department shall conduct a study of the
implementation of this section.
(f) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The Secretary
may establish a consortium to be known as the “National Infrastructure
Protection Consortium”. The Consortium may advise the Secretary on the best
way to identify, generate, organize, and maintain any database or list of systems
and assets established by the Secretary, including the database established under
subsection (a)(1) and the list established under subsection (a)(2). If the Secretary
establishes the National Infrastructure Protection Consortium, the Consortium
may—
(1) be composed of national laboratories, Federal agencies, State and
local homeland security organizations, academic institutions, or national
Centers of Excellence that have demonstrated experience working with
and identifying critical infrastructure and key resources; and
(2) provide input to the Secretary on any request pertaining to the
contents of such database or such list.

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TITLE VIII–COORDINATION WITH NON-FEDERAL ENTITIES;
INSPECTOR GENERAL; UNITED STATES SECRET SERVICE;
COAST GUARD; GENERAL PROVISIONS
SUBTITLE I—INFORMATION SHARING
SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.
SEC. 891. [6 U.S.C. §481]
(a) SHORT TITLE.—This subtitle may be cited as the “Homeland Security
Information Sharing Act”.
(b) FINDINGS.—Congress finds the following:
(1) The Federal Government is required by the Constitution to provide
for the common defense, which includes terrorist attack.
(2) The Federal Government relies on State and local personnel to
protect against terrorist attack.
(3) The Federal Government collects, creates, manages, and protects
classified and sensitive but unclassified information to enhance
homeland security.
(4) Some homeland security information is needed by the State and local
personnel to prevent and prepare for terrorist attack.
(5) The needs of State and local personnel to have access to relevant
homeland security information to combat terrorism must be reconciled
with the need to preserve the protected status of such information and to
protect the sources and methods used to acquire such information.
(6) Granting security clearances to certain State and local personnel is
one way to facilitate the sharing of information regarding specific
terrorist threats among Federal, State, and local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt classified
information so it may be shared with State and local personnel without
the need for granting additional security clearances.
(8) State and local personnel have capabilities and opportunities to gather
information on suspicious activities and terrorist threats not possessed by
Federal agencies.
(9) The Federal Government and State and local governments and
agencies in other jurisdictions may benefit from such information.
(10) Federal, State, and local governments and intelligence, law
enforcement, and other emergency preparation and response agencies
must act in partnership to maximize the benefits of information gathering
and analysis to prevent and respond to terrorist attacks.
(11) Information systems, including the National Law Enforcement
Telecommunications System and the Terrorist Threat Warning System,
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have been established for rapid sharing of classified and sensitive but
unclassified information among Federal, State, and local entities.
(12) Increased efforts to share homeland security information should
avoid duplicating existing information systems.
(c) SENSE OF CONGRESS.—It is the sense of Congress that Federal, State, and
local entities should share homeland security information to the maximum extent
practicable, with special emphasis on hard-to-reach urban and rural communities.
FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES
SEC. 892. [6 U.S.C. §482]
(a) PROCEDURES FOR DETERMINING EXTENT OF SHARING OF HOMELAND
SECURITY INFORMATION.—
(1) The President shall prescribe and implement procedures under which
relevant Federal agencies—
(A) share relevant and appropriate homeland security
information with other Federal agencies, including the
Department, and appropriate State and local personnel;
(B) identify and safeguard homeland security information that is
sensitive but unclassified; and
(C) to the extent such information is in classified form,
determine whether, how, and to what extent to remove classified
information, as appropriate, and with which such personnel it
may be shared after such information is removed.
(2) The President shall ensure that such procedures apply to all agencies
of the Federal Government.
(3) Such procedures shall not change the substantive requirements for the
classification and safeguarding of classified information.
(4) Such procedures shall not change the requirements and authorities to
protect sources and methods.
(b) PROCEDURES FOR SHARING OF HOMELAND SECURITY INFORMATION.—
(1) Under procedures prescribed by the President, all appropriate
agencies, including the intelligence community, shall, through
information sharing systems, share homeland security information with
Federal agencies and appropriate State and local personnel to the extent
such information may be shared, as determined in accordance with
subsection(a), together with assessments of the credibility of such
information.
(2) Each information sharing system through which information is shared
under paragraph(1) shall—
(A) have the capability to transmit unclassified or classified
information, though the procedures and recipients for each
capability may differ;
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(B) have the capability to restrict delivery of information to
specified subgroups by geographic location, type of
organization, position of a recipient within an organization, or a
recipient’s need to know such information;
(C) be configured to allow the efficient and effective sharing of
information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph(1) shall establish
conditions on the use of information shared under paragraph(1)—
(A) to limit the redissemination of such information to ensure
that such information is not used for an unauthorized purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights of any
individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal and
destruction of obsolete or erroneous names and information.
(4) The procedures prescribed under paragraph(1) shall ensure, to the
greatest extent practicable, that the information sharing system through
which information is shared under such paragraph include existing
information sharing systems, including, but not limited to, the National
Law Enforcement Telecommunications System, the Regional
Information Sharing System, and the Terrorist Threat Warning System of
the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the President,
shall have access to each information sharing system through which
information is shared under paragraph(1), and shall therefore have access
to all information, as appropriate, shared under such paragraph.
(6) The procedures prescribed under paragraph(1) shall ensure that
appropriate State and local personnel are authorized to use such
information sharing systems—
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such information
sharing systems, the homeland security information of their own
jurisdictions, which shall be marked appropriately as pertaining
to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of Central
Intelligence and the Attorney General, each appropriate Federal agency,
as determined by the President, shall review and assess the information
shared under paragraph(6) and integrate such information with existing
intelligence.
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(c) SHARING OF CLASSIFIED INFORMATION AND SENSITIVE BUT UNCLASSIFIED
INFORMATION WITH STATE AND LOCAL PERSONNEL.—
(1) The President shall prescribe procedures under which Federal
agencies may, to the extent the President considers necessary, share with
appropriate State and local personnel homeland security information that
remains classified or otherwise protected after the determinations
prescribed under the procedures set forth in subsection(a).
(2) It is the sense of Congress that such procedures may include 1 or
more of the following means:
(A) Carrying out security clearance investigations with respect to
appropriate State and local personnel.
(B) With respect to information that is sensitive but unclassified,
entering into nondisclosure agreements with appropriate State
and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the Joint
Terrorism Task Forces of the Federal Bureau of Investigation,
the Anti-Terrorism Task Forces of the Department of Justice,
and regional Terrorism Early Warning Groups.
(3)(A) The Secretary shall establish a program to provide appropriate
training to officials described in subparagraph(B) in order to assist such
officials in—
(i) identifying sources of potential terrorist threats
through such methods as the Secretary determines
appropriate;
(ii) reporting information relating to such potential
terrorist threats to the appropriate Federal agencies in the
appropriate form and manner;
(iii) assuring that all reported information is
systematically submitted to and passed on by the
Department for use by appropriate Federal agencies; and
(iv) understanding the mission and roles of the
intelligence community to promote more effective
information sharing among Federal, State, and local
officials and representatives of the private sector to
prevent terrorist attacks against the United States.
(B) The officials referred to in subparagraph (A) are officials of
State and local government agencies and representatives of
private sector entities with responsibilities relating to the
oversight and management of first responders, counterterrorism
activities, or critical infrastructure.
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(C) The Secretary shall consult with the Attorney General to
ensure that the training program established in subparagraph(A)
does not duplicate the training program established in section
908 of the USA PATRIOT Act (Public Law 107-56; 28 U.S.C.
§509 note).
(D) The Secretary shall carry out this paragraph in consultation
with the Director of Central Intelligence and the Attorney
General.
(d) RESPONSIBLE OFFICIALS.—For each affected Federal agency, the head of
such agency shall designate an official to administer this Act with respect to such
agency.
(e) FEDERAL CONTROL OF INFORMATION.—Under procedures prescribed under
this section, information obtained by a State or local government from a Federal
agency under this section shall remain under the control of the Federal agency,
and a State or local law authorizing or requiring such a government to disclose
information shall not apply to such information.
(f) DEFINITIONS.—As used in this section:
(1) The term “homeland security information” means any information
possessed by a Federal, State, or local agency that—
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or disrupt terrorist
activity;
(C) would improve the identification or investigation of a
suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
(2) The term “intelligence community” has the meaning given such term
in section 3(4) of the National Security Act of 1947(50 U.S.C. §401a(4)).
(3) The term “State and local personnel” means any of the following
persons involved in prevention, preparation, or response for terrorist
attack:
(A) State Governors, mayors, and other locally elected officials.
(B) State and local law enforcement personnel and firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management agency
personnel, including State adjutant generals.
(E) Other appropriate emergency response agency personnel.
(F) Employees of private-sector entities that affect critical
infrastructure, cyber, economic, or public health security, as
designated by the Federal Government in procedures developed
pursuant to this section.
(4) The term “State” includes the District of Columbia and any
commonwealth, territory, or possession of the United States.
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(g) CONSTRUCTION.—Nothing in this Act shall be construed as authorizing any
department, bureau, agency, officer, or employee of the Federal Government to
request, receive, or transmit to any other Government entity or personnel, or
transmit to any State or local entity or personnel otherwise authorized by this Act
to receive homeland security information, any information collected by the
Federal Government solely for statistical purposes in violation of any other
provision of law relating to the confidentiality of such information.
REPORT
SEC. 893. [6 U.S.C. §483]
(a) REPORT REQUIRED.—Not later than 12 months after the date of the enactment
of this Act, the President shall submit to the congressional committees specified
in subsection(b) a report on the implementation of section 892. The report shall
include any recommendations for additional measures or appropriation requests,
beyond the requirements of section 892, to increase the effectiveness of sharing
of information between and among Federal, State, and local entities.
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees
referred to in subsection(a) are the following committees:
(1) The Permanent Select Committee on Intelligence and the Committee
on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee on the
Judiciary of the Senate.
AUTHORIZATION OF APPROPRIATIONS
SEC. 894. [6 U.S.C. §484]
There are authorized to be appropriated such sums as may be necessary to carry
out section 892.
AUTHORITY TO SHARE GRAND JURY INFORMATION
SEC. 895.
Rule 6(e) of the Federal Rules of Criminal Procedure [18 U.S.C. App.] is
amended—
(1) in paragraph(2), by inserting “, or of guidelines jointly issued by the
Attorney General and Director of Central Intelligence pursuant to Rule
6,” after “Rule 6”; and
(2) in paragraph(3)—
(A) in subparagraph(A)(ii), by inserting “or of a foreign
government” after “(including personnel of a state or subdivision
of a state”;
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(B) in subparagraph(C)(i)—
(i) in subclause(I), by inserting before the semicolon the
following: “or, upon a request by an attorney for the
government, when sought by a foreign court or
prosecutor for use in an official criminal investigation”;
(ii) in subclause(IV)—
(I) by inserting “or foreign” after “may disclose
a violation of State”;
(II) by inserting “or of a foreign government”
after “to an appropriate official of a State or
subdivision of a State”; and
(III) by striking “or” at the end;
(iii) by striking the period at the end of subclause(V) and
inserting “; or”; and
(iv) by adding at the end the following:
“(VI) when matters involve a threat of actual or
potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power,
domestic or international sabotage, domestic or
international terrorism, or clandestine
intelligence gathering activities by an
intelligence service or network of a foreign
power or by an agent of a foreign power, within
the United States or elsewhere, to any
appropriate federal, state, local, or foreign
government official for the purpose of
preventing or responding to such a threat.”; and
(C) in subparagraph(C)(iii)—
(i) by striking “Federal”;
(ii) by inserting “or clause (i)(VI)” after “clause (i)(V)”;
and
(iii) by adding at the end the following: “Any state,
local, or foreign official who receives information
pursuant to clause (i)(VI) shall use that information only
consistent with such guidelines as the Attorney General
and Director of Central Intelligence shall jointly issue.”.

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HOMELAND SECURITY ACT OF 2002
AUTHORITY TO SHARE ELECTRONIC, WIRE,
AND ORAL INTERCEPTION INFORMATION
SEC. 896.
Section 2517 of title 18, United States Code, is amended by adding at the end the
following:
“(7) Any investigative or law enforcement officer, or other Federal official in
carrying out official duties as such Federal official, who by any means authorized
by this chapter, has obtained knowledge of the contents of any wire, oral, or
electronic communication, or evidence derived there from, may disclose such
contents or derivative evidence to a foreign investigative or law enforcement
officer to the extent that such disclosure is appropriate to the proper performance
of the official duties of the officer making or receiving the disclosure, and foreign
investigative or law enforcement officers may use or disclose such contents or
derivative evidence to the extent such use or disclosure is appropriate to the
proper performance of their official duties.
“(8) Any investigative or law enforcement officer, or other Federal official in
carrying out official duties as such Federal official, who by any means authorized
by this chapter, has obtained knowledge of the contents of any wire, oral, or
electronic communication, or evidence derived there from, may disclose such
contents or derivative evidence to any appropriate Federal, State, local, or foreign
government official to the extent that such contents or derivative evidence
reveals a threat of actual or potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power, domestic or international sabotage,
domestic or international terrorism, or clandestine intelligence gathering
activities by an intelligence service or network of a foreign power or by an agent
of a foreign power, within the United States or elsewhere, for the purpose of
preventing or responding to such a threat. Any official who receives information
pursuant to this provision may use that information only as necessary in the
conduct of that person’s official duties subject to any limitations on the
unauthorized disclosure of such information, and any State, local, or foreign
official who receives information pursuant to this provision may use that
information only consistent with such guidelines as the Attorney General and
Director of Central Intelligence shall jointly issue.”.
FOREIGN INTELLIGENCE INFORMATION
SEC. 897.
(a) DISSEMINATION AUTHORIZED.—Section 203(d)(1) of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
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HOMELAND SECURITY ACT OF 2002
and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001(Public Law 107-56;
50 U.S.C. §403-5d) is amended by adding at the end the following: “Consistent
with the responsibility of the Director of Central Intelligence to protect
intelligence sources and methods, and the responsibility of the Attorney General
to protect sensitive law enforcement information, it shall be lawful for
information revealing a threat of actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power, domestic or international
sabotage, domestic or international terrorism, or clandestine intelligence
gathering activities by an intelligence service or network of a foreign power or by
an agent of a foreign power, within the United States or elsewhere, obtained as
part of a criminal investigation to be disclosed to any appropriate Federal, State,
local, or foreign government official for the purpose of preventing or responding
to such a threat. Any official who receives information pursuant to this provision
may use that information only as necessary in the conduct of that person’s
official duties subject to any limitations on the unauthorized disclosure of such
information, and any State, local, or foreign official who receives information
pursuant to this provision may use that information only consistent with such
guidelines as the Attorney General and Director of Central Intelligence shall
jointly issue.”.
(b) CONFORMING AMENDMENTS.—Section 203(c) of that Act is amended—
(1) by striking “section 2517(6)” and inserting “paragraphs (6) and (8) of
section 2517 of title 18, United States Code,”; and
(2) by inserting “and (VI)” after “Rule 6(e)(3)(C)(i)(V)”.
INFORMATION ACQUIRED FROM ELECTRONIC SURVEILLANCE
SEC. 898.
Section 106(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. §1806) is amended by inserting after “law enforcement officers” the
following: “or law enforcement personnel of a State or political subdivision of a
State(including the chief executive officer of that State or political subdivision
who has the authority to appoint or direct the chief law enforcement officer of
that State or political subdivision)”.
INFORMATION ACQUIRED FROM A PHYSICAL SEARCH
SEC. 899.
Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. §1825) is amended by inserting after “law enforcement officers” the
following: “or law enforcement personnel of a State or political subdivision of a
State(including the chief executive officer of that State or political subdivision
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HOMELAND SECURITY ACT OF 2002
who has the authority to appoint or direct the chief law enforcement officer of
that State or political subdivision)”.

272

COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994
COUNTERINTELLIGENCE AND
SECURITY ENHANCEMENTS ACT OF 1994
Title VIII of the Intelligence Authorization Act for Fiscal Year 1995
(Public Law 103-359 of October 14, 1994)

COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES
SEC. 811(50 U.S.C. §402a)
(a) ESTABLISHMENT OF COUNTERINTELLIGENCE POLICY BOARD. There is
established within the executive branch of Government a National
Counterintelligence Policy Board (in this section referred to as the “Board”). The
Board shall report to the President through the National Security Council.
(b) CHAIRPERSON. The National Counterintelligence Executive under section
902 of the Counterintelligence Enhancement Act of 2002 shall serve as the
chairperson of the Board.
(c) MEMBERSHIP. The membership of the National Counterintelligence Policy
Board shall consist of the following:
(1) The National Counterintelligence Executive.
(2) Senior personnel of departments and elements of the United States
Government, appointed by the head of the department or element
concerned, as follows:
(A) The Department of Justice, including the Federal Bureau of
Investigation.
(B) The Department of Defense, including the Joint Chiefs of
Staff.
(C) The Department of State.
(D) The Department of Energy.
(E) The Central Intelligence Agency.
(F) Any other department, agency, or element of the United
States Government specified by the President.
(d) FUNCTIONS AND DISCHARGE OF FUNCTIONS.
(1) The Board shall—
(A) serve as the principal mechanism for—
(i) developing policies and procedures for the approval
of the President to govern the conduct of
counterintelligence activities; and
(ii) upon the direction of the President, resolving
conflicts that arise between elements of the Government
conducting such activities; and
(B) act as an interagency working group to—
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COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994
(i) ensure the discussion and review of matters relating
to the implementation of the Counterintelligence
Enhancement Act of 2002; and
(ii) provide advice to the National Counterintelligence
Executive on priorities in the implementation of the
National Counterintelligence Strategy produced by the
Office of the National Counterintelligence Executive
under section 904(e)(2) of that Act.
(2) The Board may, for purposes of carrying out its functions under this
section, establish such interagency boards and working groups as the
Board considers appropriate.
(e) COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE FEDERAL
BUREAU OF INVESTIGATION.
(1) Except as provided in paragraph (5), the head of each department or
agency within the executive branch shall ensure that—
(A) the Federal Bureau of Investigation is advised immediately
of any information, regardless of its origin, which indicates that
classified information is being, or may have been, disclosed in an
unauthorized manner to a foreign power or an agent of a foreign
power;
(B) following a report made pursuant to subparagraph (A), the
Federal Bureau of Investigation is consulted with respect to all
subsequent actions which may be undertaken by the department
or agency concerned to determine the source of such loss or
compromise; and
(C) where, after appropriate consultation with the department or
agency concerned, the Federal Bureau of Investigation
undertakes investigative activities to determine the source of the
loss or compromise, the Federal Bureau of Investigation is given
complete and timely access to the employees and records of the
department or agency concerned for purposes of such
investigative activities.
(2) Except as provided in paragraph (5), the Director of the Federal
Bureau of Investigation shall ensure that espionage information obtained
by the Federal Bureau of Investigation pertaining to the personnel,
operations, or information of departments or agencies of the executive
branch, is provided through appropriate channels in a timely manner to
the department or agency concerned, and that such departments or
agencies are consulted in a timely manner with respect to espionage
investigations undertaken by the Federal Bureau of Investigation which
involve the personnel, operations, or information of such department or
agency.
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COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994
(3) (A) The Director of the Federal Bureau of Investigation shall submit
to the head of the department or agency concerned a written assessment
of the potential impact of the actions of the department or agency on a
counterintelligence investigation.
(B) The head of the department or agency concerned shall—
(i) use an assessment under subparagraph (A) as an aid
in determining whether, and under what circumstances,
the subject of an investigation under paragraph (1)
should be left in place for investigative purposes; and
(ii) notify in writing the Director of the Federal Bureau
of Investigation of such determination.
(C) The Director of the Federal Bureau of Investigation and the
head of the department or agency concerned shall continue to
consult, as appropriate, to review the status of an investigation
covered by this paragraph, and to reassess, as appropriate, a
determination of the head of the department or agency concerned
to leave a subject in place for investigative purposes.
(4) (A) The Federal Bureau of Investigation shall notify appropriate
officials within the executive branch, including the head of the
department or agency concerned, of the commencement of a full field
espionage investigation with respect to an employee within the executive
branch.
(B) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is
likely to alert an employee covered by a notice under
subparagraph (A) of an investigation described in that
subparagraph without prior coordination and consultation with
the Federal Bureau of Investigation.
(5) Where essential to meet extraordinary circumstances affecting vital
national security interests of the United States, the President may on a
case-by-case basis waive the requirements of paragraph (1), (2) or (3), as
they apply to the head of a particular department or agency, or the
Director of the Federal Bureau of Investigation. Such waiver shall be in
writing and shall fully state the justification for such waiver. Within
thirty days, the President shall notify the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives that such waiver has been
issued, and at that time or as soon as national security considerations
permit, provide these committees with a complete explanation of the
circumstances which necessitated such waiver.
(6) Nothing in this section may be construed to alter the existing
jurisdictional arrangements between the Federal Bureau of Investigation
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COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994
and the Department of Defense with respect to investigations of persons
subject to the Uniform Code of Military Justice, nor to impose additional
reporting requirements upon the Department of Defense with respect to
such investigations beyond those required by existing law and executive
branch policy.
(7) As used in this section, the terms “foreign power” and “agent of a
foreign power” have the same meanings as set forth in sections 101 (a)
and (b), respectively, of the Foreign Intelligence Surveillance Act of
1978.
(8) [Redesignated]

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COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
Title IX of the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306 of November 27, 2002’ 116 STAT. 2383)

SHORT TITLE; PURPOSE
SECTION. 901. [50 U.S.C. §401 note.]
(a) SHORT TITLE.—This title may be cited as the “Counterintelligence
Enhancement Act of 2002”.
(b) PURPOSE.—The purpose of this title is to facilitate the enhancement of the
counterintelligence activities of the United States Government by—
(1) enabling the counterintelligence community of the United States
Government to fulfill better its mission of identifying, assessing,
prioritizing, and countering the intelligence threats to the United States;
(2) ensuring that the counterintelligence community of the United States
Government acts in an efficient and effective manner; and
(3) providing for the integration of all the counterintelligence activities of
the United States Government.
NATIONAL COUNTERINTELLIGENCE EXECUTIVE
SEC. 902. [50 U.S.C. §402b]
(a) ESTABLISHMENT.—
(1) There shall be a National Counterintelligence Executive, who shall be
appointed by the Director of National Intelligence.
(2) It is the sense of Congress that the Director of National Intelligence
should seek the views of the Attorney General, Secretary of Defense, and
Director of the Central Intelligence Agency in selecting an individual for
appointment as the Executive.
(b) MISSION.—The mission of the National Counterintelligence Executive shall
be to serve as the head of national counterintelligence for the United States
Government.
(c) DUTIES.—Subject to the direction and control of the Director of National
Intelligence, the duties of the National Counterintelligence Executive are as
follows:
(1) To carry out the mission referred to in subsection (b).
(2) To act as chairperson of the National Counterintelligence Policy
Board under section 811 of the Counterintelligence and Security
Enhancements Act of 1994 (title VIII of Public Law 103-359; 50 U.S.C.
§402a), as amended by section 903 of this Act.
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COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
(3) To act as head of the Office of the National Counterintelligence
Executive under section 904.
(4) To participate as an observer on such boards, committees, and entities
of the executive branch as the Director of National Intelligence considers
appropriate for the discharge of the mission and functions of the
Executive and the Office of the National Counterintelligence Executive
under section 904.
OFFICE OF THE COUNTERINTELLIGENCE EXECUTIVE
SEC. 904. [50 U.S.C. §402c]
(a) ESTABLISHMENT.—There shall be an Office of the National
Counterintelligence Executive.
(b) HEAD OF OFFICE.—The National Counterintelligence Executive shall be the
head of the Office of the National Counterintelligence Executive.
(c) LOCATION OF OFFICE.—The Office of the National Counterintelligence
Executive shall be located in the Office of the Director of National Intelligence.
(d) GENERAL COUNSEL.—
(1) There shall be in the Office of the National Counterintelligence
Executive a general counsel who shall serve as principal legal advisor to
the National Counterintelligence Executive.
(2) The general counsel shall.—
(A) provide legal advice and counsel to the Executive on matters
relating to functions of the Office;
(B) ensure that the Office complies with all applicable laws,
regulations, Executive orders, and guidelines; and
(C) carry out such other duties as the Executive may specify.
(e) FUNCTIONS.—Subject to the direction and control of the National
Counterintelligence Executive, the functions of the Office of the National
Counterintelligence Executive shall be as follows:
(1) NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION
ASSESSMENT.—Subject to subsection (f), in consultation with
appropriate department and agencies of the United States Government,
and private sector entities, to produce on an annual basis a strategic
planning assessment of the counterintelligence requirements of the
United States to be known as the National Threat Identification and
Prioritization Assessment.
(2) NATIONAL COUNTERINTELLIGENCE STRATEGY.—Subject to
subsection (f), in consultation with appropriate department and agencies
of the United States Government, and private sector entities, and based
on the most current National Threat Identification and Prioritization
Assessment under paragraph (1), to produce on an annual basis a strategy
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COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
for the counterintelligence programs and activities of the United States
Government to be known as the National Counterintelligence Strategy.
(3) IMPLEMENTATION OF NATIONAL COUNTERINTELLIGENCE
STRATEGY.—To evaluate on an ongoing basis the implementation of the
National Counterintelligence Strategy and to submit to the President
periodic reports on such evaluation, including a discussion of any
shortfalls in the implementation of the Strategy and recommendations for
remedies for such shortfalls.
(4) NATIONAL COUNTERINTELLIGENCE STRATEGIC ANALYSES.—As
directed by the Director of National Intelligence and in consultation with
appropriate elements of the departments and agencies of the United
States Government, to oversee and coordinate the production of strategic
analyses of counterintelligence matters, including the production of
counterintelligence damage assessments and assessments of lessons
learned from counterintelligence activities.
(5) NATIONAL COUNTERINTELLIGENCE PROGRAM BUDGET.—In
consultation with the Director of National Intelligence—
(A) to coordinate the development of budgets and resource
allocation plans for the counterintelligence programs and
activities of the Department of Defense, the Federal Bureau of
Investigation, the Central Intelligence Agency, and other
appropriate elements of the United States Government;
(B) to ensure that the budgets and resource allocation plans
developed under subparagraph (A) address the objectives and
priorities for counterintelligence under the National
Counterintelligence Strategy; and
(C) to submit to the National Security Council periodic reports
on the activities undertaken by the Office under subparagraphs
(A) and (B).
(6) NATIONAL COUNTERINTELLIGENCE COLLECTION AND TARGETING
COORDINATION.—To develop priorities for counterintelligence
investigations and operations, and for collection of counterintelligence,
for purposes of the National Counterintelligence Strategy, except that the
Office may not—
(A) carry out any counterintelligence investigations or
operations; or
(B) establish its own contacts, or carry out its own activities,
with foreign intelligence services.
(7) NATIONAL COUNTERINTELLIGENCE OUTREACH, WATCH, AND
WARNING.—
(A) COUNTERINTELLIGENCE VULNERABILITY SURVEYS.—To
carry out and coordinate surveys of the vulnerability of the
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COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
United States Government, and the private sector, to intelligence
threats in order to identify the areas, programs, and activities that
require protection from such threats.
(B) OUTREACH.—To carry out and coordinate outreach
programs and activities on counterintelligence to other elements
of the United States Government, and the private sector, and to
coordinate the dissemination to the public of warnings on
intelligence threats to the United States.
(C) RESEARCH AND DEVELOPMENT.—To ensure that research
and development programs and activities of the United States
Government, and the private sector, direct attention to the needs
of the counterintelligence community for technologies, products,
and services.
(D) TRAINING AND PROFESSIONAL DEVELOPMENT.—To develop
policies and standards for training and professional development
of individuals engaged in counterintelligence activities and to
manage the conduct of joint training exercises for such
personnel.
(f) ADDITIONAL REQUIREMENTS REGARDING NATIONAL THREAT
IDENTIFICATION AND PRIORITIZATION ASSESSMENT AND NATIONAL
COUNTERINTELLIGENCE STRATEGY.—
(1) A National Threat Identification and Prioritization Assessment under
subsection (e)(1), and any modification of such assessment, shall not go
into effect until approved by the President.
(2) A National Counterintelligence Strategy under subsection (e)(2), and
any modification of such strategy, shall not go into effect until approved
by the President.
(3) The National Counterintelligence Executive shall submit to the
congressional intelligence committees each National Threat
Identification and Prioritization Assessment, or modification thereof, and
each National Counterintelligence Strategy, or modification thereof,
approved under this section.
(4) In this subsection, the term “congressional intelligence committees”
means—
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(g) PERSONNEL.—
(1) Personnel of the Office of the National Counterintelligence Executive
may consist of personnel employed by the Office or personnel on detail
from any other department, agency, or element of the Federal
Government. Any such detail may be on a reimbursable or
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COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
nonreimbursable basis, at the election of the head of the agency detailing
such personnel.
(2) Notwithstanding section 104(d) or any other provision of law limiting
the period of the detail of personnel on a nonreimbursable basis, the
detail of an officer or employee of United States or a member of the
Armed Forces under paragraph (1) on a nonreimbursable basis may be
for any period in excess of one year that the National Counterintelligence
Executive and the head of the department, agency, or element concerned
consider appropriate.
(3) The employment of personnel by the Office, including the
appointment, compensation and benefits, management, and separation of
such personnel, shall be governed by the provisions of law on such
matters with respect to the personnel of the Central Intelligence Agency,
except that, for purposes of the applicability of such provisions of law to
personnel of the Office, the National Counterintelligence Executive shall
be treated as the head of the Office.
(4) Positions in the Office shall be excepted service positions for
purposes of title 5, United States Code.
(h) SUPPORT.—
(1) The Attorney General, Secretary of Defense, and Director of National
Intelligence may each provide the Office of the National
Counterintelligence Executive such support as may be necessary to
permit the Office to carry out its functions under this section.
(2) Subject to any terms and conditions specified by the Director of
National Intelligence, the Director may provide administrative and
contract support to the Office as if the Office were an element of the
Central Intelligence Agency.
(3) Support provided under this subsection may be provided on a
reimbursable or nonreimbursable basis, at the election of the official
providing such support.
(i) AVAILABILITY OF FUNDS FOR REIMBURSEMENT.—The National
Counterintelligence Executive may, from amounts available for the Office,
transfer to a department or agency detailing personnel under subsection (g), or
providing support under subsection (h), on a reimbursable basis amounts
appropriate to reimburse such department or agency for the detail of such
personnel or the provision of such support, as the case may be.
(j) CONTRACTS.—
(1) Subject to paragraph (2), the National Counterintelligence Executive
may enter into any contract, lease, cooperative agreement, or other
transaction that the Executive considers appropriate to carry out the
functions of the Office of the National Counterintelligence Executive
under this section.
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COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
(2) The authority under paragraph (1) to enter into contracts, leases,
cooperative agreements, and other transactions shall be subject to any
terms, conditions, and limitations applicable to the Central Intelligence
Agency under law with respect to similar contracts, leases, cooperative
agreements, and other transactions.
(k) TREATMENT OF ACTIVITIES UNDER CERTAIN ADMINISTRATIVE LAWS.—The
files of the Office shall be treated as operational files of the Central Intelligence
Agency for purposes of section 701 of the National Security Act of 1947 (50
U.S.C. §431) to the extent such files meet criteria under subsection (b) of that
section for treatment of files as operational files of an element of the Agency.
(l) OVERSIGHT BY CONGRESS.—The location of the Office of the National
Counterintelligence Executive within the Office of the Director of National
Intelligence shall not be construed as affecting access by Congress, or any
committee of Congress, to—
(1) any information, document, record, or paper in the possession of the
Office; or
(2) any personnel of the Office.
(m) CONSTRUCTION.—Nothing in this section shall be construed as affecting the
authority of the Director of National Intelligence, the Secretary of Defense, the
Secretary of State, the Attorney General, or the Director of the Federal Bureau of
Investigation as provided or specified under the National Security Act of 1947 or
under other provisions of law.

282

CLASSIFIED INFORMATION PROCEDURES ACT
CLASSIFIED INFORMATION PROCEDURES ACT
(Public Law 96–456 of October 15, 1980; 94 STAT. 2025)

AN ACT To provide certain pretrial, trial, and appellate procedures for criminal
cases involving classified information.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
DEFINITIONS
SECTION 1. [18 U.S.C. App. §1]
(a) “Classified information”, as used in this Act, means any information or
material that has been determined by the United States Government pursuant to
an Executive order, statute, or regulation, to require protection against
unauthorized disclosure for reasons of national security and any restricted data,
as defined in paragraph r. of section 11 of the Atomic Energy Act of 1954 (42
U.S.C. §2014(y)).
(b) “National security”, as used in this Act, means the national defense and
foreign relations of the United States.
PRETRIAL CONFERENCE
SEC. 2. [18 U.S.C. App. §2]
At any time after the filing of the indictment or information, any party may move
for a pretrial conference to consider matters relating to classified information that
may arise in connection with the prosecution. Following such motion, or on its
own motion, the court shall promptly hold a pretrial conference to establish the
timing of requests for discovery, the provision of notice required by section 5 of
this Act, and the initiation of the procedure established by section 6 of this Act.
In addition, at the pretrial conference the court may consider any matters which
relate to classified information or which may promote a fair and expeditions trial.
No admission made by the defendant or by any attorney for the defendant at such
a conference may be used against the defendant unless the admission is in writing
and is signed by the defendant and by the attorney for the defendant.

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CLASSIFIED INFORMATION PROCEDURES ACT
PROTECTIVE ORDERS
SEC. 3. [18 U.S.C. App. §3]
Upon motion of the United States, the court shall issue an order to protect against
the disclosure of any classified information disclosed by the United States to any
defendant in any criminal case in a district court of the United States.
DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS
SEC. 4. [18 U.S.C. App. §4 ]
The court, upon a sufficient showing, may authorize the United States to delete
specified items of classified information from documents to be made available to
the defendant through discovery under the Federal Rules of Criminal Procedure,
to substitute a summary of the information for such classified documents, or to
substitute a statement admitting relevant facts that the classified information
would tend to prove. The court may permit the United States to make a request
for such authorization in the form of a written statement to be inspected by the
court alone. If the court enters an order granting relief following such an ex parte
showing, the entire text of the statement of the United States shall be sealed and
preserved in the records of the court to be made available to the appellate court in
the event of an appeal.
NOTICE OF DEFENDANT’S INTENTION TO
DISCLOSE CLASSIFIED INFORMATION
SEC. 5. [18 U.S.C. App. §5 ]
(a) NOTICE BY DEFENDANT.—If a defendant reasonably expects to disclose or to
cause the disclosure of classified information in any manner in connection with
any trial or pretrial proceeding involving the criminal prosecution of such
defendant, the defendant shall, within the time specified by the court or, where no
time is specified, within thirty days prior to trial, notify the attorney for the
United States and the court in writing. Such notice shall include a brief
description of the classified information. Whenever a defendant learns of
additional classified information he reasonably expects to disclose at any such
proceeding, he shall notify the attorney for the United States and the court in
writing as soon as possible thereafter and shall include a brief description of the
classified information. No defendant shall disclose any information known or
believed to be classified in connection with a trial or pretrial proceeding until
notice has been given under this subsection and until the United States has been
afforded a reasonable opportunity to seek a determination pursuant to the
procedure set forth in section 6 of this Act, and until the time for the United
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CLASSIFIED INFORMATION PROCEDURES ACT
States to appeal such determination under section 7 has expired or any appeal
under section 7 by the United States is decided.
(b) FAILURE TO COMPLY.—If the defendant fails to comply with the
requirements of subsection (a) the court may preclude disclosure of any classified
information not made the subject of notification and may prohibit the
examination by the defendant of any witness with respect to any such
information.
PROCEDURES FOR CASES INVOLVING CLASSIFIED INFORMATION
SEC. 6. [18 U.S.C. App. §6 ]
(a) MOTION FOR HEARING.—Within the time specified by the court for the filing
of a motion under this section, the United States may request the court to conduct
a hearing to make all determinations concerning the use, relevance, or
admissibility of classified information that would otherwise be made during the
trial or pretrial proceeding. Upon such a request, the court shall conduct such a
hearing. Any hearing held pursuant to this subsection (or any portion of such
hearing specified in the request of the Attorney General) shall be held in camera
if the Attorney General certifies to the court in such petition that a public
proceeding may result in the disclosure of classified information. As to each item
of classified information, the court shall set forth in writing the basis for its
determination. Where the United States’ motion under this subsection is filed
prior to the trial or pretrial proceeding, the court shall rule prior to the
commencement of the relevant proceeding.
(b) NOTICE.—
(1) Before any hearing is conducted pursuant to a request by the United
States under subsection (a), the United States shall provide the defendant
with notice of the classified information that is at issue. Such notice shall
identify the specific classified information at issue whenever that
information previously has been made available to the defendant by the
United States. When, the United States has not previously made the
information available to the defendant in connection with the case, the
information may be described by generic category, in such form as the
court may approve, rather than by identification of the specific
information of concern to the United States.
(2) Whenever the United States requests a hearing under subsection (a),
the court, upon request of the defendant, may order the United States to
provide the defendant, prior to trial, such details as to the portion of the
indictment or information at issue in the hearing as are needed to give the
defendant fair notice to prepare for the hearing.

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(c) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED
INFORMATION.—
(1) Upon any determination by the court authorizing the disclosure of
specific classified information under the procedures established by this
section, the United States may move that, in lieu of the disclosure of such
specific classified information, the court order—
(A) the substitution for such classified information of a statement
admitting relevant facts that the specific classified information
would tend to prove; or
(B) the substitution for such classified information of a summary
of the specific classified information. The court shall grant such
a motion of the United States if it finds that the statement or
summary will provide the defendant with substantially the same
ability to make his defense as would disclosure of the specific
classified information. The court shall hold a hearing on any
motion under this section. Any such hearing shall be held in
camera at the request of the Attorney General.
(2) The United States may, in connection with a motion under paragraph
(1), submit to the court an affidavit of the Attorney General certifying
that disclosure of classified information would cause identifiable damage
to the national security of the United States and explaining the basis for
the classification of such information. If so requested by the United
States, the court shall examine such affidavit in camera and ex parte.
(d) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the close of an in
camera hearing under this Act (or any portion of a hearing under this Act that is
held in camera) the court determines that the classified information at issue may
not be disclosed or elicited at the trial or pretrial proceeding, the record of such in
camera hearing shall be sealed and preserved by the court for use in the event of
an appeal. The defendant may seek reconsideration of the court’s determination
prior to or during trial.
(e) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY DEFENDANT,
RELIEF FOR DEFENDANT WHEN UNITED STATES OPPOSES DISCLOSURE.—
(1) Whenever the court denies a motion by the United States that it issue
an order under subsection (c) and the United States files with the court an
affidavit of the Attorney General objecting to disclosure of the classified
information at issue, the court shall order that the defendant not disclose
or cause the disclosure of such information.
(2) Whenever a defendant is prevented by an order under paragraph (1)
from disclosing or causing the disclosure of classified information, the
court shall dismiss the indictment or information; except that, when the
court determines that the interests of justice would not be served by
dismissal of the indictment or information, the court shall order such
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CLASSIFIED INFORMATION PROCEDURES ACT
other action, in lieu of dismissing the indictment or information, as the
court determines is appropriate. Such action may include, but need not be
limited to—
(A) dismissing specified counts of the indictment or information;
(B) finding against the United States on any issue as to which the
excluded classified information relates; or
(C) striking or precluding all or part of the testimony of a
witness.
An order under this paragraph shall not take effect until the court has afforded the
United States an opportunity to appeal such order under section 7, and thereafter
to withdraw its objection to the disclosure of the classified information at issue.
(f) RECIPROCITY.—Whenever the court determines pursuant to subsection (a)
that classified information may be disclosed in connection with a trial or pretrial
proceeding, the court shall, unless the interests of fairness do not so require, order
the United States to provide the defendant with the information it expects to use
to rebut the classified information. The court may place the United States under a
continuing duty to disclose such rebuttal information. If the United States fails to
comply with its obligation under this subsection, the court may exclude any
evidence not made the subject of a required disclosure and may prohibit the
examination by the United States of any witness with respect to such
information.
INTERLOCUTORY APPEAL
SEC. 7. [18 U.S.C. App. §7 ]
(a) An interlocutory appeal by the United States taken before or after the
defendant has been placed in jeopardy shall lie to a court of appeals from a
decision or order of a district court in a criminal case authorizing the disclosure
of classified information, imposing sanctions for nondisclosure of classified
information, or refusing a protective order sought by the United States to prevent
the disclosure of classified information.
(b) An appeal taken pursuant to this section either before or during trial shall be
expedited by the court of appeals. Prior to trial, an appeal shall be taken within
ten days after the decision or order appealed from and the trail shall not
commence until the appeal is resolved. If an appeal is taken during trial, the trial
court shall adjourn the trial until the appeal is resolved and the court of appeals
(1) shall hear argument on such appeal within four days of the adjournment of the
trial, (2) may dispense with written briefs other than the supporting materials
previously submitted to the trial court, (3) shall render its decision within four
days of argument on appeal, and (4) may dispense with the issuance of a written
opinion in rendering its decision. Such appeal and decision shall not affect the
right of the defendant, in a subsequent appeal from a judgment of conviction to
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claim as error reversal by the trial court on remand of a ruling appealed from
during trial.
INTRODUCTION OF CLASSIFIED INFORMATION
SEC. 8. [18 U.S.C. App. §8 ]
(a) CLASSIFIED STATUS.—Writings, recordings, and photographs containing
classified information may be admitted into evidence without change in their
classification status.
(b) PRECAUTIONS BY COURT.—The court, in order to prevent unnecessary
disclosure of classified information involved in any criminal proceeding, may
order admission into evidence of only part of a writing, recording, or photograph,
or may order admission into evidence of the whole writing, recording, or
photograph with excision of some or all of the classified information contained
therein, unless the whole ought in fairness be considered.
(c) TAKING OF TESTIMONY.—During the examination of a witness in any
criminal proceeding, the United States may object to any question or line of
inquiry that may require the witness to disclose classified information not
previously found to be admissible. Following such an objection, the court shall
take such suitable action to determine whether the response is admissible as will
safeguard against the compromise of any classified information. Such action may
include requiring the United States to provide the court with a proffer of the
witness’ response to the question or line of inquiry and requiring the defendant to
provide the court with a proffer of the nature of the information he seeks to elicit.
SECURITY PROCEDURES
SEC. 9. [18 U.S.C. App. §9 ]
(a) Within one hundred and twenty days of the date of the enactment of this Act,
the Chief Justice of the United States, in consultation with the Attorney General,
the Director of National Intelligence, and the Secretary of Defense, shall
prescribe rules establishing procedures for the protection against unauthorized
disclosure of any classified information in the custody of the United States
district courts, courts of appeals, or Supreme Court. Such rules, and any changes
in such rules, shall be submitted to the appropriate committees of Congress and
shall become effective forty-five days after such submission.
(b) Until such time as rules under subsection (a) first become effective, the
Federal courts shall in each case involving classified information adopt
procedures to protect against the unauthorized disclosure of such information.

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COORDINATION REQUIREMENTS RELATING TO THE
PROSECUTION OF CASES INVOLVING CLASSIFIED INFORMATION
SEC. 9A. [18 U.S.C. App. §9A ]
(a) BRIEFINGS REQUIRED.—The Assistant Attorney General for the Criminal
Division or the Assistant Attorney General for National Security, as appropriate,
and the appropriate United States attorney, or the designees of such officials,
shall provide briefings to the senior agency official, or the designee of such
official, with respect to any case involving classified information that originated
in the agency of such senior agency official.
(b) TIMING OF BRIEFINGS.—Briefings under subsection (a) with respect to a case
shall occur—
(1) as soon as practicable after the Department of Justice and the United
States attorney concerned determine that a prosecution or potential
prosecution could result; and
(2) at such other times thereafter as are necessary to keep the senior
agency official concerned fully and currently informed of the status of
the prosecution.
(c) SENIOR AGENCY OFFICIAL DEFINED.—In this section, the term “senior
agency official” has the meaning given that term in section 1.1 of Executive
Order No. 12958.
IDENTIFICATION OF INFORMATION RELATED TO THE NATIONAL DEFENSE
SEC. 10. [18 U.S.C. App. §10 ]
In any prosecution in which the United States must establish that material relates
to the national defense or constitutes classified information, the United States
shall notify the defendant, within the time before trial specified by the court, of
the portions of the material that it reasonably expects to rely upon to establish the
national defense or classified information element of the offense.
AMENDMENT TO THE ACT
SEC. 11. [18 U.S.C. App. §11 ]
Sections 1 through 10 of this Act may be amended as provided in section 2076,
title 28, United States Code.
ATTORNEY GENERAL GUIDELINES
SEC. 12. [18 U.S.C. App. §12 ]
(a) Within one hundred and eighty days of enactment of this Act, the Attorney
General shall issue guidelines specifying the factors to be used by the
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Department of Justice in rendering a decision whether to prosecute a violation of
Federal law in which, in the judgment of the Attorney General, thee is a
possibility that classified information will be revealed. Such guidelines shall be
transmitted to the appropriate committees of Congress.
(b) When the Department of Justice decides not to prosecute a violation of
Federal law pursuant to subsection (a), an appropriate official of the Department
of Justice shall prepare written findings detailing the reasons for the decision not
to prosecute. The findings shall include—
(1) the intelligence information which the Department of Justice officials
believe might be disclosed,
(2) the purpose for which the information might be disclosed,
(3) the probability that the information would be disclosed, and
(4) the possible consequences such disclosure would have on the national
security.
REPORTS TO CONGRESS
SEC. 13. [18 U.S.C. App. §13 ]
(a) Consistent with applicable authorities and duties, including those conferred
by the Constitution upon the executive and legislative branches, the Attorney
General shall report orally or in writing semiannually to the Permanent Select
Committee on Intelligence of the United States House of Representatives, the
Select Committee on Intelligence of the United States Senate, and the chairmen
and ranking minority members of the Committees on the Judiciary of the Senate
and House of Representatives on all cases where a decision not to prosecute a
violation of Federal law pursuant to section 12(a) has been made.
(b) In the case of the semiannual reports (whether oral or written) required to be
submitted under subsection (a) to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate, the submittal dates for such reports shall be as
provided in section 507 of the National Security Act of 1947.
(c) The Attorney General shall deliver to the appropriate committees of Congress
a report concerning the operation and effectiveness of this Act and including
suggested amendments to this Act. For the first three years this Act is in effect,
there shall be a report each year. After three years, such reports shall be delivered
as necessary.

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FUNCTIONS OF ATTORNEY GENERAL MAY BE EXERCISED BY DEPUTY
ATTORNEY GENERAL OR A DESIGNATED ASSISTANT ATTORNEY GENERAL
SEC. 14. [18 U.S.C. App. §14 ]
The functions and duties of the Attorney General under this Act may be
exercised by the Deputy Attorney General or by an Assistant Attorney General
designated by the Attorney
General for such purpose and may not be delegated to any other official.
EFFECTIVE DATE
SEC. 15. [18 U.S.C. App. §15 ]
The provisions of this Act shall become effective upon the date of the enactment
of this Act, but shall not apply to any prosecution in which an indictment or
information was filed before such date.
SHORT TITLE
SEC. 16. [18 U.S.C. App. §16 ]
That this Act may be cited as the “Classified Information Procedures Act”.

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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(Public Law 95–511 of October 25, 1978; 92 STAT. 1783) *

AN ACT To authorize electronic surveillance to obtain foreign intelligence
information.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE
That this Act may be cited as the “Foreign Intelligence Surveillance Act of
1978”.
TABLE OF CONTENTS
TITLE I—ELECTRONIC SURVEILLANCE WITHIN
THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES
SEC. 101.
SEC. 102.
SEC. 103.
SEC. 104.
SEC. 105.
SEC. 106.
SEC. 107.
SEC. 108.
SEC. 109.
SEC. 110.
SEC. 111.

Definitions.
Authorization for electronic surveillance for foreign intelligence
purposes.
Designation of judges.
Application for an order.
Issuance of an order.
Use of information.
Report of electronic surveillance.
Congressional oversight.
Penalties.
Civil liability.
Authorization during time of war.

SEC. 201.

TITLE II—CONFORMING AMENDMENTS
Amendments to chapter 119 of title 18, United States Code.
TITLE III—PHYSICAL SEARCHES WITHIN
THE UNITED STATESFOR FOREIGN INTELLIGENCE PURPOSES

SEC. 301.
SEC. 302.
SEC. 303.
SEC. 304.

Definitions.
Authorization of physical searches for foreign intelligence purposes.
Application for an order.
Issuance of an order.

*

The amendments to FISA of the Protect America Act (PAA) of 2007 are not included
in this section. The PAA, in its entirety, follows the FISA.

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SEC. 305.
SEC. 306.
SEC. 307.
SEC. 308.
SEC. 309.

SEC. 401.
SEC. 402.
SEC. 403.
SEC. 404.
SEC. 405.
SEC. 406.

Use of information.
Congressional oversight.
Penalties.
Civil liability.
Authorization during time of war.
TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES
FOR FOREIGN INTELLIGENCE PURPOSES
Definitions.
Pen registers and trap and trace devices for foreign intelligence and
international terrorism investigations.
Authorization during emergencies.
Authorization during time of war.
Use of information.
Congressional oversight.

SEC. 502.

TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS
FOR FOREIGN INTELLIGENCE PURPOSES
Access to certain business records for foreign intelligence and
international terrorism investigations.
Congressional oversight.

SEC. 601.

TITLE VI—REPORTING REQUIREMENT
Semiannual report of the Attorney General.

SEC. 701.

TITLE VII—EFFECTIVE DATE
Effective date.

SEC. 501.

TITLE I—ELECTRONIC SURVEILLANCE WITHIN
THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES
DEFINITIONS
SECTION 101. [50 U.S.C. §1801]
As used in this title:
(a) “Foreign power” means—
(1) a foreign government or any component, thereof, whether or not
recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of
United States persons;
(3) an entity that is openly acknowledged by a foreign government or
governments to be directed and controlled by such foreign government or
governments;
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(4) a group engaged in international terrorism or activities in preparation
therefor;
(5) a foreign-based political organization, not substantially composed of
United States persons; or
(6) an entity that is directed and controlled by a foreign government or
governments.
(b) “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a
foreign power, or as a member of a foreign power as defined in
subsection (a)(4);
(B) acts for or on behalf of a foreign power which engages in
clandestine intelligence activities in the United States contrary to
the interests of the United States, when the circumstances of
such person’s presence in the United States indicate that such
person may engage in such activities in the United States, or
when such person knowingly aids or abets any person in the
conduct of such activities or knowingly conspires with any
person to engage in such activities; or
(C) engages in international terrorism or activities in preparation
therefore; or
(2) any person who—
(A) knowingly engages in clandestine intelligence gathering
activities for or on behalf of a foreign power, which activities
involve or may involve a violation of the criminal statutes of the
United States;
(B) pursuant to the direction of an intelligence service or
network of a foreign power, knowingly engages in any other
clandestine intelligence activities for or on behalf of such foreign
power, which activities involve or are about to involve a
violation of the criminal statutes of the United
States;
(C) knowingly engages in sabotage or international terrorism, or
activities that are in preparation therefor, for or on behalf of a
foreign power;
(D) knowingly enters the United States under a false or
fraudulent identity for or on behalf of a foreign power or, while
in the United States, knowingly assumes a false or fraudulent
identity for or on behalf of a foreign power; or
(E) knowingly aids or abets any person in the conduct of
activities described in subparagraph (A), (B), or (C) or
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knowingly conspires with any person to engage in activities
described in subparagraph (A), (B), or (C).
(c) “International terrorism” means activities that—
(1) involve violent acts or acts dangerous to human life that are a
violation of the criminal laws of the United States or of any State, or that
would be a criminal violation if committed within the jurisdiction of the
United States or any State;
(2) appear to be intended—
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or
coercion; or
(C) to affect the conduct of a government by assassination or
kidnapping; and
(3) occur totally outside the United States, or transcend national
boundaries in terms of the means by which they are accomplished, the
persons they appear intended to coerce or intimidate, or the locale in
which their perpetrators operate or seek asylum.
(d) “Sabotage” means activities that involve a violation of chapter 105 of title 18,
United States Code, or that would involve such a violation if committed against
the United States.
(e) “Foreign intelligence information” means—
(1) information that relates to, and if concerning a United States person is
necessary to, the ability of the United States to protect against—
(A) actual or potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an
agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service
or network of a foreign power or by an agent of a foreign power;
or
(2) information with respect to a foreign power or foreign territory that
relates to, and if concerning a United States person is necessary to—
(A) the national defense or the security of the United States; or
(B) the conduct of the foreign affairs of the United States.
(f) “Electronic surveillance” means—
(1) the acquisition by an electronic, mechanical, or other surveillance
device of the contents of any wire or radio communications sent by or
intended to be received by a particular, known United States person who
is in the United States, if the contents are acquired by intentionally
targeting that United States person, under circumstances in which a
person has a reasonable expectation of privacy and a warrant would be
required for law enforcement purposes;
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(2) the acquisition by an electronic, mechanical, or other surveillance
device of the contents of any wire communication to or from a person in
the United States, without the consent of any party thereto, if such
acquisition occurs in the United States, but does not include the
acquisition of those communications of computer trespassers that would
be permissible under section 2511(2)(i) of title 18, United States Code;
(3) the intentional acquisition by an electronic, mechanical, or other
surveillance device of the contents of any radio communication, under
circumstances in which a person has a reasonable expectation of privacy
and a warrant would be required for law enforcement purposes, and if
both the sender and all intended recipients are located within the United
States; or
(4) the installation or use of an electronic, mechanical, or other
surveillance device in the United States for monitoring to acquire
information, other than from a wire or radio communication, under
circumstances in which a person has a reasonable expectation of privacy
and a warrant would be required for law enforcement purposes.
(g) “Attorney General” means the Attorney General of the United States (or
Acting Attorney General), the Deputy Attorney General, or, upon, the
designation of the Attorney General, the Assistant Attorney General designated
as the Assistant Attorney General for National Security under section 507A of
title 28, United States Code.
(h) “Minimization procedures”, with respect to electronic surveillance, means—
(1) specific procedures, which shall be adopted by the Attorney General,
that are reasonably designed in light of the purpose and technique of the
particular surveillance, to minimize the acquisition and retention, and
prohibit the dissemination, of nonpublicly available information
concerning unconsenting United States persons consistent with the need
of the United States to obtain, produce, and disseminate foreign
intelligence information;
(2) procedures that require that nonpublicly available information, which
is not foreign intelligence information, as defined in subsection (c)(1),
shall not be disseminated in a manner that identifies any United States
person, without such person’s consent, unless such person’s identity is
necessary to understand foreign intelligence information or assess its
importance;
(3) notwithstanding paragraphs (1) and (2), procedures that allow for the
retention and dissemination of information that is evidence of a crime
which has been, is being, or is about to be committed and that is to be
retained or disseminated for law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with respect to any
electronic surveillance approved pursuant to section 102(a), procedures
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that require that no contents of any communication to which a United
States person is a party shall be disclosed, disseminated, or used for any
purpose or retained for longer than 72 hours unless a court order under
section 105 is obtained or unless the Attorney General determines that
the information indicates a threat of death or serious bodily harm to any
person.
(i) “United States person” means a citizen of the United States, an alien lawfully
admitted for permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act), an unincorporated association a substantial
number of members of which are citizens of the United States or aliens lawfully
admitted for permanent residence, or a corporation which is incorporated in the
United States, but does not include a corporation or an association which is a
foreign power, as defined in subsection (a) (1), (2), or (3).
(j) “United States”, when used in a geographic sense, means all areas under the
territorial sovereignty of the United States and the Trust Territory of the Pacific
Islands.
(k) “Aggrieved person” means a person who is the target of an electronic
surveillance or any other person whose communications or activities were subject
to electronic surveillance.
(l) “Wire communication” means any communications while it is being carried
by a wire, cable, or other like connection furnished or operated by any person
engaged as a common carrier in providing or operating such facilities for the
transmission of interstate or foreign communications.
(m) “Person” means any individual, including any officer or employee of the
Federal Government, or any group, entity, association, corporation, or foreign
power.
(n) “Contents”, when used with respect to a communication, includes any
information concerning the identity of the parties to such communications or the
existence, substance, purport, or meaning of that communication.
(o) “State” means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, an any
territory or possession of the
United States.
AUTHORIZATION FOR ELECTRONIC SURVEILLANCE
FOR FOREIGN INTELLIGENCE PURPOSES
SEC. 102. [50 U.S.C. §1802]
(a)(1) Notwithstanding any other law, the President, through the Attorney
General, may authorize electronic surveillance without a court order under this
title to acquire foreign intelligence information for periods of up to one year if
the Attorney General certifies in writing under oath that—
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(A) the electronic surveillance is solely directed at—
(i) the acquisition of the contents of communications
transmitted by means of communications used
exclusively between or among foreign powers, as
defined in section 101(a) (1), (2), or (3); or
(ii) the acquisition of technical intelligence, other than
the spoken communications of individuals, from
property or premises under the open and exclusive
control of a foreign power, as defined in section 101(a)
(1), (2), or (3);
(B) there is no substantial likelihood that the surveillance will
acquire the contents of any communications to which a United
States person is a party; and
(C) the proposed minimization procedures with respect to such
surveillance meet the definition of minimization procedures
under section 101(h); and if the Attorney General reports such
minimization procedures and any changes thereto to the House
Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence at
least thirty days prior to their effective date, unless the Attorney
General determines immediate action is required and notifies the
committees immediately of such minimization procedures and
the reason for their becoming effective immediately.
(2) An electronic surveillance authorized by this subsection may be
conducted only in accordance with the Attorney General’s certification
and the minimization procedures adopted by him. The Attorney General
shall assess compliance with such procedures and shall report such
assessments to the House Permanent Select Committee on Intelligence
and the Senate Select Committee on Intelligence under the provisions of
section 108(a).
(3) The Attorney General shall immediately transmit under seal to the
court established under section 103(a) a copy of his certification. Such
certification shall be maintained under security measures established by
the Chief Justice with the concurrence of the Attorney General, in
consultation with the Director of Central Intelligence, and shall remain
sealed unless—
(A) an application for a court order with respect to the
surveillance is made under sections 101(h)(4) and 104; or
(B) the certification is necessary to determine the legality of the
surveillance under section 106(f).

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(4) With respect to electronic surveillance authorized by this subsection,
the Attorney General may direct a specified communication common
carrier to—
(A) furnish all information, facilities, or technical assistance
necessary to accomplish the electronic surveillance in such a
manner as will protect its secrecy and produce a minimum of
interference with the services that such carrier is providing its
customers; and
(B) maintain under security procedures approved by the Attorney
General and the Director of Central Intelligence any records
concerning the surveillance or the aid furnished which such
carrier wishes to retain. The Government shall compensate, at
the prevailing rate, such carrier
for furnishing such aid.
(b) Applications for a court order under this title are authorized if the President
has, by written authorization, empowered the Attorney General to approve
applications to the court having jurisdiction under section 103, and a judge to
whom an application is made may, notwithstanding any other law, grant an order,
in conformity with section 105, approving electronic surveillance of a foreign
power or an agent of a foreign power for the purpose of obtaining foreign
intelligence information, except that the court shall not have jurisdiction to grant
any order approving electronic surveillance directed solely as described in
paragraph (1)(A) of subsection
(a) unless such surveillance may involve the acquisition of communications of
any United States person.
DESIGNATION OF JUDGES
SEC. 103. [50 U.S.C. §1803]
(a) The Chief Justice of the United States shall publicly designate 11 district
court judges from seven of the United States judicial circuits of whom no fewer
than 3 shall reside within 20 miles of the District of Columbia who shall
constitute a court which shall have jurisdiction to hear applications for and grant
orders approving electronic surveillance anywhere within the United States under
the procedures set forth in this Act, except that no judge designated under this
subsection shall hear the same application for electronic surveillance under this
Act which has been denied previously by another judge designated under this
subsection. If any judge so designated denies an application for an order
authorizing electronic surveillance under this Act, such judge shall provide
immediately for the record a written statement of each reason for his decision
and, on motion of the United States, the record shall be transmitted, under seal, to
the court of review established in subsection (b).
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(b) The Chief Justice shall publicly designate three judges, one of whom shall be
publicly designate as the presiding judge, from the United States district courts or
courts of appeals who together shall comprise a court of review which shall have
jurisdiction to review the denial of any application made under this Act. If such
court determines that the application was properly denied, the court shall
immediately provide for the record a written statement of each reason for its
decision and, on petition of the United States for a writ of certiorari, the record
shall be transmitted under seal to the Supreme Court, which shall have
jurisdiction to review such decision.
(c) Proceedings under this Act shall be conducted as expeditiously as possible.
The record of proceedings under this Act, including applications made and orders
granted, shall be maintained under security measures established by the Chief
Justice in consultation with the Attorney General and the Director of Central
Intelligence.
(d) Each judge designated under this section shall so serve for a maximum of
seven years and shall not be eligible for redesignation, except that the judges first
designated under subsection (a) shall be designated for terms of from one to
seven years so that one term expires each year, and that judges first designated
under subsection (b) shall be designated for terms of three, five, and seven years.
(e)(1) Three judges designated under subsection (a) who reside within 20 miles
of the District of Columbia, or, if all of such judges are unavailable, other judges
of the court established under subsection (a) as may be designated by the
presiding judge of such court, shall comprise a petition review pool which shall
have jurisdiction to review petitions filed pursuant to section 501(f)(1).
(2) Not later than 60 days after the date of the enactment of the USA
PATRIOT Improvement and Reauthorization Act of 2005, the court
established under subsection (a) shall adopt and, consistent with the
protection of national security, publish procedures for the review of
petitions filed pursuant to section 501(f)(1) by the panel established
under paragraph (1). Such procedures shall provide that review of a
petition shall be conducted in camera and shall also provide for the
designation of an acting presiding judge.’.
(f)(1) The courts established pursuant to subsections (a) and (b) may establish
such rules and procedures, and take such actions, as are reasonably necessary to
administer their responsibilities under this Act.
(2) The rules and procedures established under paragraph (1), and any
modifications of such rules and procedures, shall be recorded, and shall
be transmitted to the following:
(A) All of the judges on the court established pursuant to
subsection (a).
(B) All of the judges on the court of review established pursuant
to subsection (b).
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(C) The Chief Justice of the United States.
(D) The Committee on the Judiciary of the Senate.
(E) The Select Committee on Intelligence of the Senate.
(F) The Committee on the Judiciary of the House of
Representatives.
(G) The Permanent Select Committee on Intelligence of the
House of Representatives.
(3) The transmissions required by paragraph (2) shall be submitted in
unclassified form, but may include a classified annex.
APPLICATION FOR AN ORDER
SEC. 104. [50 U.S.C. §1804]
(a) Each application for an order approving electronic surveillance under this title
shall be made by a Federal officer in writing upon oath or affirmation to a judge
having jurisdiction under section 103. Each application shall require the approval
of the Attorney General based upon his finding that it satisfies the criteria and
requirements of such application as set forth in this title. It shall include—
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Attorney General by the President of
the United States and the approval of the Attorney General to make the
application;
(3) the identity, if known, or a description of the specific target of the
electronic surveillance;
(4) a statement of the facts and circumstances relied upon by the
applicant to justify his belief that—
(A) the target of the electronic surveillance is a foreign power or
an agent of a foreign power; and
(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used, by a
foreign power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a detailed description of the nature of the information sought and the
type of communications or activities to be subjected to the surveillance;
(7) a certification or certifications by the Assistant to the President for
National Security Affairs or an executive branch official or officials
designated by the President from among those executive officers
employed in the area of national security or defense and appointed by the
President with the advice and consent of the Senate—
(A) that the certifying official deems the information sought to
be foreign intelligence information;
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(B) that a significant purpose of the surveillance is to obtain
foreign intelligence information;
(C) that such information cannot reasonably be obtained by
normal investigative techniques;
(D) that designates the type of foreign intelligence information
being sought according to the categories described in section
101(e); and
(E) including a statement of the basis for the certification that—
(i) the information sought is the type of foreign
intelligence information designated; and
(ii) such information cannot reasonably be obtained by
normal investigative techniques;
(8) a statement of the means by which the surveillance
will be effected and a statement whether physical entry
is required to effect the surveillance;
(9) a statement of the facts concerning all previous applications that have
been made to any judge under this title involving any of the persons,
facilities, or places specified in the application, and the action taken on
each previous application;
(10) a statement of the period of time for which the electronic
surveillance is required to be maintained, and if the nature of the
intelligence gathering is such that the approval of the use of electronic
surveillance under this title should not automatically terminate when the
described type of information has first been obtained, a description of
facts supporting the belief that additional information of the same type
will be obtained thereafter; and
(11) whenever more than one electronic, mechanical or other
surveillance device is to be used with respect to a particular proposed
electronic surveillance, the coverage of the devices involved and what
minimization procedures apply to information acquired by each device.
(b) Whenever the target of the electronic surveillance is a foreign power, as
defined in section 101(a) (1), (2), or (3), and each of the facilities or places at
which the surveillance is directed is owned, leased, or exclusively used by that
foreign power, the application need not contain the information required by
paragraphs (6), (7)(E), (8), and (11) of subsection (a), but shall state whether
physical entry is required to effect the surveillance and shall contain such
information about the surveillance techniques and communications or other
information concerning United States persons likely to be obtained as may be
necessary to assess the proposed minimization procedures.
(c) The Attorney General may require any other affidavit or certification from
any other officer in connection with the application.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(d) The judge may require the applicant to furnish such other information as may
be necessary to make the determinations required by section 105.
(e)(1)(A) Upon written request of the Director of the Federal Bureau of
Investigation, the Secretary of Defense, the Secretary of State, or the Director of
Central Intelligence, the Attorney General shall personally review under
subsection (a) an application under that subsection for a target described in
section 101(b)(2).
(B) Except when disabled or otherwise unavailable to make a
request referred to in subparagraph (A), an official referred to in
that subparagraph may not delegate the authority to make a
request referred to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate
actions in advance to ensure that delegation of such authority is
clearly established in the event such official is disabled or
otherwise unavailable to make such request.
(2)(A) If as a result of a request under paragraph (1) the Attorney
General determines not to approve an application under the second
sentence of subsection (a) for purposes of making the application under
this section, the Attorney General shall provide written notice of the
determination to the official making the request for the review of the
application under that paragraph. Except when disabled or otherwise
unavailable to make a determination under the preceding sentence, the
Attorney General may not delegate the responsibility to make a
determination under that sentence. The Attorney General shall take
appropriate actions in advance to ensure that delegation of such
responsibility is clearly established in the event the Attorney General is
disabled or otherwise unavailable to make such determination.
(B) Notice with respect to an application under subparagraph (A)
shall set forth the modifications, if any, of the application that
are necessary in order for the Attorney General to approve the
application under the second sentence of subsection (a) for
purposes of making the application under this section.
(C) Upon review of any modifications of an application set forth
under subparagraph (B), the official notified of the modifications
under this paragraph shall modify the application if such official
determines that such modification is warranted. Such official
shall supervise the making of any modification under this
subparagraph. Except when disabled or otherwise unavailable to
supervise the making of any modification under the preceding
sentence, such official may not delegate the responsibility to
supervise the making of any modification under that preceding
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sentence. Each such official shall take appropriate actions in
advance to ensure that delegation of such responsibility is clearly
established in the event such official is disabled or otherwise
unavailable to supervise the making of such modification.
ISSUANCE OF AN ORDER
SEC. 105. [50 U.S.C. §1805]
(a) Upon an application made pursuant to section 104, the judge shall enter an ex
parte order as requested or as modified approving the electronic surveillance if he
finds that—
(1) the President has authorized the Attorney General to approve
applications for electronic surveillance for foreign intelligence
information;
(2) the application has been made by a Federal officer and approved by
the Attorney General;
(3) on the basis of the facts submitted by the applicant there is probable
cause to believe that—
(A) the target of the electronic surveillance is a foreign power or
an agent of a foreign power: Provided, That no United States
person may be considered a foreign power or an agent of a
foreign power solely upon the basis of activities protected by the
first amendment to the Constitution of the United States; and
(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used, by a
foreign power or an agent of a foreign power;
(4) the proposed minimization procedures meet the definition of
minimization procedures under section 101(h); and
(5) the application which has been filed contains all statements and
certifications required by section 104 and, if the target is a United States
person, the certification or certifications are not clearly erroneous on the
basis of the statement made under section 104(a)(7)(E) and any other
information furnished under section 104(d).
(b) In determining whether or not probable cause exists for purposes of an order
under subsection (a)(3), a judge may consider past activities of the target, as well
as facts and circumstances relating to current or future activities of the target.
(c) Specifications and directions of orders
(1) Specifications. An order approving an electronic surveillance under
this section shall specify—
(A) the identity, if known, or a description of the specific target
of the electronic surveillance identified or described in the
application pursuant to section 104(a)(3) of this Act;
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(B) the nature and location of each of the facilities or places at
which the electronic surveillance will be directed, if known;
(C) the type of information sought to be acquired and the type of
communications or activities to be subjected to the surveillance;
(D) the means by which the electronic surveillance will be
effected and whether physical entry will be used to effect the
surveillance;
(E) the period of time during which the electronic surveillance is
approved; and
(F) whenever more than one electronic, mechanical, or other
surveillance device is to be used under the order, the authorized
coverage of the devices involved and what minimization
procedures shall apply to information subject to acquisition by
each device.
(2) Directions. An order approving an electronic surveillance under this
section shall direct—
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified
communication or other common carrier, landlord, custodian, or
other specified person, or in circumstances where the Court
finds, based upon specific facts provided in the application, that
the actions of the target of the application may have the effect of
thwarting the identification of a specified person, such other
persons, furnish the applicant forthwith all information, facilities,
or technical assistance necessary to accomplish the electronic
surveillance in such a manner as will protect its secrecy and
produce a minimum of interference with the services that such
carrier, landlord, custodian, or other person is providing that
target of electronic surveillance;
(C) that such carrier, landlord, custodian, or other person
maintain under security procedures approved by the Attorney
General and the Director of National Intelligence any records
concerning the surveillance or the aid furnished that such person
wishes to retain; and
(D) that the applicant compensate, at the prevailing rate, such
carrier, landlord, custodian, or other person for furnishing such
aid.
(3) Special directions for certain orders. An order approving an
electronic surveillance under this section in circumstances where the
nature and location of each of the facilities or places at which the
surveillance will be directed is unknown shall direct the applicant to
provide notice to the court within ten days after the date on which
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surveillance begins to be directed at any new facility or place, unless the
court finds good cause to justify a longer period of up to 60 days, of—
(A) the nature and location of each new facility or place at which
the electronic surveillance is directed;
(B) the facts and circumstances relied upon by the applicant to
justify the applicant’s belief that each new facility or place at
which the electronic surveillance is directed is or was being
used, or is about to be used, by the target of the surveillance;
(C) a statement of any proposed minimization procedures that
differ from those contained in the original application or order,
that may be necessitated by a change in the facility or place at
which the electronic surveillance is directed; and
(D) the total number of electronic surveillances that have been or
are being conducted under the authority of the order.
(d) Whenever the target of the electronic surveillance is a foreign power, as
defined in section 101(a) (1), (2), or (3), and each of the facilities or places at
which the surveillance is directed is owned, leased, or exclusively used by that
foreign power, the order used need not contain the information required by
subparagraphs (C), (D), and (F) of subsection (c)(1), but shall generally describe
the information sought, the communications or activities to be subjected to the
surveillance, and the type of electronic surveillance involved, including whether
physical entry is required.
(e)(1) An order issued under this section may approve an electronic surveillance
for the period necessary to achieve its purpose, or for ninety days, whichever is
less, except that (A) 1 an order under this section shall approve an electronic
surveillance targeted against a foreign power, as defined in section 101(a), (1),
(2), or (3), for the period specified in the application or for one year, whichever is
less, and (B) an order under this Act for a surveillance targeted against an agent
of a foreign power, who is not a United States person may be for the period
specified in the application or for 120 days, whichever is less.
(2) Extensions of an order issued under this title may be granted on the
same basis as an original order upon an application for an extension and
new findings made in the same manner as required for an original order,
except that
(A) 2 an extension of an order under this Act for a surveillance
targeted against a foreign power, a defined in section 101(a) (5)
or (6), or against a foreign power as defined in section 101(a)(4)
that is not a United States person, may be for a period not to
exceed one year if the judge finds probable cause to believe that
no communication of any individual United States person will be
acquired during the period, and
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(B) an extension of an order under this Act for a surveillance
targeted against an agent of a foreign power who is not a United
States person may be for a period not to exceed 1 year 2.
(3) At or before the end of the period of time for which electronic
surveillance is approved by an order or an extension, the judge may
assess compliance with the minimization procedures by reviewing the
circumstances under which information concerning United States
persons was acquired, retained, or disseminated.
(f) Notwithstanding any other provision of this Act, when the Attorney General
reasonably determines that—
(1) an emergency situation exists with respect to the employment of
electronic surveillance to obtain foreign intelligence information before
an order authorizing such surveillance can with due diligence be
obtained; and
(2) the factual basis for issuance of an order under this title to approve
such surveillance exists; he may authorize the emergency employment of
electronic surveillance if a judge having jurisdiction under section 103 is
informed by the Attorney General or his designee at the time of such
authorization that the decision has been made to employ emergency
electronic surveillance and if an application in accordance with this title
is made to that judge as soon as practicable, but not more than 72 hours
after the Attorney General authorizes such surveillance. If the Attorney
General authorizes such emergency employment of electronic
surveillance, he shall require that the minimization procedures required
by this title for the issuance of a judicial order be followed. In the
absence of a judicial order approving such electronic surveillance, the
surveillance shall terminate when the information sought is obtained,
when the application for the order is denied, or after the expiration of 72
hours from the time of authorization by the Attorney General, whichever
is earliest. In the event that such application for approval is denied, or in
any other case where the electronic surveillance is terminated and no
order is issued approving the surveillance, no information obtained or
evidence derived from such surveillance shall be received in evidence or
otherwise disclosed in any trail, hearing, or other proceeding in or before
any court, grand jury, department, office, agency, regulatory body,
legislative committee, or other authority of the United States, a State, or
political subdivision thereof, and no information concerning any United
States person acquired from such surveillance shall subsequently be used
or disclosed in any other manner by Federal officers or employees
without the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death or serious
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bodily harm to any person. A denial of the application made under this
subsection may be reviewed as provided in section 103.
(g) Notwithstanding any other provision of this Act, officers, employees, or
agents of the United States are authorized in the normal course of their official
duties to conduct electronic surveillance not targeted against the communications
of any particular person or persons, under procedures approved by the Attorney
General, solely to—
(1) test the capability of electronic equipment, if—
(A) it is not reasonable to obtain the consent of the persons
incidentally subjected to the surveillance;
(B) the test is limited in extent and duration to that necessary to
determine to capability of the equipment;
(C) the contents of any communication acquired are retained and
used only for the purpose of determining the capability of the
equipment, are disclosed only to test personnel, and are
destroyed before or immediately upon completion of the test;
and
(D) Provided, That the test may exceed ninety days only with the
prior approval of the Attorney General;
(2) determine the existence and capability of electronic surveillance
equipment being used by persons not authorized to conduct electronic
surveillance, if—
(A) it is not reasonable to obtain the consent of persons
incidentally subjected to the surveillance;
(B) such electronic surveillance is limited in extent and duration
to that necessary to determine the existence and capability of
such equipment; and
(C) any information acquired by such surveillance is used only to
enforce chapter 119 of title 18, United States Code, or section
705 of the Communications Act of 1934, or to protect
information from unauthorized surveillance; or
(3) train intelligence personnel in the use of electronic surveillance
equipment, if—
(A) it is not reasonable to—
(i) obtain the consent of the persons incidentally
subjected to the surveillance;
(ii) train persons in the course of surveillances otherwise
authorized by this title; or
(iii) train persons in the use of such equipment without
engaging in electronic surveillance;

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(B) such electronic surveillance is limited in extent and duration
to that necessary to train the personnel in the use of the
equipment; and
(C) no contents of any communication acquired are retained or
disseminated for any purpose, but are destroyed as soon as
reasonably possible.
(h) Certifications made by the Attorney General pursuant to section 102(a) and
applications made and orders granted under this title shall be retained for a period
of at least ten years from the date of the certification or application.
(i) 1 No cause of action shall lie in any court against any provider of a wire or
electronic communication service, landlord, custodian, or other person (including
any officer, employee, agent, or other specified person thereof) that furnishes any
information, facilities, or technical assistance in accordance with a court order or
request for emergency assistance under this Act for electronic surveillance or
physical search.
USE OF INFORMATION
SEC. 106. [50 U.S.C. §1806]
(a) Information acquired from an electronic surveillance conducted pursuant to
this title concerning any United States person may be used and disclosed by
Federal officers and employees without the consent of the United States person
only in accordance with the minimization procedures required by this title. No
otherwise privileged communication obtained in accordance with, or in violation
of, the provisions of this Act shall lose its privileged character. No information
acquired from an electronic surveillance pursuant to this title may be used or
disclosed by Federal officers or employees except for lawful purposes.
(b) No information acquired pursuant to this title shall be disclosed for law
enforcement purposes unless such disclosure is accompanied by a statement that
such information, or any information derived therefrom, may only be used in a
criminal proceeding with the advance authorization of the Attorney General.
(c) Whenever the Government intends to enter into evidence or otherwise use or
disclose in any trail, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the United
States, against an aggrieved person, any information obtained or derived from an
electronic surveillance of that aggrieved person pursuant to the authority of this
Act, the Government shall, prior to the trail, hearing, or other proceeding or at a
reasonable time prior to an effort to so disclose or so use that information or
submit it in evidence, notify the aggrieved person and the court or other
authority in which the information is to be disclosed or used that the Government
intends to so disclose or so use such information.
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(d) Whenever any State or political subdivision thereof intends to enter into
evidence or otherwise use or disclose in any trail, hearing, or other proceeding in
or before any court, department, officer, agency, regulatory body, or other
authority of a State or a political subdivision thereof, against an aggrieved person
any information obtained or derived from an electronic surveillance of that
aggrieved person pursuant to the authority of this Act, the State or political
subdivision thereof shall notify the aggrieved person, the court or other authority
in which the information is to be disclosed or used, and the Attorney General that
the State or political subdivision thereof intends to so disclose or so use such
information.
(e) Any person against whom evidence obtained or derived from an electronic
surveillance to which he is an aggrieved person is to be, or has been, introduced
or otherwise used or disclosed in any trail, hearing, or other proceeding in or
before any court, department, officer, agency, regulatory body, or other authority
of the United States, a State, or a political subdivision thereof, may move to
suppress the evidence obtained or derived from such electronic surveillance on
the grounds that—
(1) the information was unlawfully acquired; or
(2) the surveillance was not made in conformity with an order of
authorization or approval. Such a motion shall be made before the trail,
hearing, or other proceeding unless there was no opportunity to make
such a motion or the person was not aware of the grounds of the motion.
(f) Whenever a court or other authority is notified pursuant to subsection (c) or
(d), or whenever a motion is made pursuant to subsection (e), or whenever any
motion or request is made by an aggrieved person pursuant to any other statute or
rule of the United States or any State before any court or other authority of the
United States or any State to discover or obtain applications or orders or other
materials relating to electronic surveillance or to discover, obtain, or suppress
evidence or information obtained or derived from electronic surveillance under
this Act, the United States district court or, where the motion is made before
another authority, the United States district court in the same district as the
authority, shall, notwithstanding any other law, if the Attorney General files an
affidavit under oath that disclosure or an adversary hearing would harm the
national security of the United States, review in camera and ex parte the
application, order, and such other materials relating to the surveillance as may be
necessary to determine whether the surveillance of the aggrieved person was
lawfully authorized and conducted. In making this determination, the court may
disclose to the aggrieved person, under appropriate security procedures and
protective orders, portions of the application, order, or other materials relating to
the surveillance only where such disclosure is necessary to make an accurate
determination of the legality of the surveillance.
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(g) If the United States district court pursuant to subsection (f) determine that the
surveillance was not lawfully authorized or conducted, it shall, in accordance
with the requirements of law, suppress the evidence which was unlawfully
obtained or derived from electronic surveillance of the aggrieved person or
otherwise grant the motion of the aggrieved person. If the court determines that
the surveillance was lawfully authorized and conducted, it shall deny the motion
of the aggrieved person except to the extent that due process requires discovery
or disclosure.
(h) Orders granting motions or requests under subsection (g), decisions under this
section that electronic surveillance was not lawfully authorized or conducted, and
orders of the United States district court requiring review or granting disclosure
of applications, orders, or other materials relating to a surveillance shall be final
orders and binding upon all courts of the United States and the several States
except a United States court of appeals and the Supreme Court.
(i) In circumstances involving the unintentional acquisition by an electronic,
mechanical, or other surveillance device of the contents of any radio
communication, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law enforcement
purposes, and if both the sender and all intended recipients are located within the
United States, such contents shall be destroyed upon recognition, unless the
Attorney General determines that the contents indicates a threat of death or
serious bodily harm to any person.
(j) If an emergency employment of electronic surveillance is authorized under
section 105(e) and a subsequent order approving the surveillance is not obtained,
the judge shall cause to be served on any United States person named in the
application and on such other United States persons subject to electronic
surveillance as the judge may determine in his discretion it is in the interest of
justice to serve, notice of—
(1) the fact of the application;
(2) the period of the surveillance; and
(3) the fact that during the period information was or was not obtained.
On an ex parte showing of good cause to the judge the serving of the
notice required by this subsection may be postponed or suspended for a
period not to exceed ninety days. Thereafter, on a further ex parte
showing of good cause, the court shall forego ordering the serving of the
notice required under this subsection.
(k)(1) Federal officers who conduct electronic surveillance to acquire foreign
intelligence information under this title may consult with Federal law
enforcement officers or law enforcement personnel of a State or political
subdivision of a State (including the chief executive officer of that State or
political subdivision who has the authority to appoint or direct the chief law
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enforcement officer of that State or political subdivision) to coordinate efforts to
investigate or protect against—
(A) actual or potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an
agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service
or network of a foreign power or by an agent of a foreign power.
(2) Coordination authorized under paragraph (1) shall not preclude the
certification required by section 104(a)(7)(B) or the entry of an order
under section 105.
REPORT OF ELECTRONIC SURVEILLANCE
SEC. 107. [50 U.S.C. §1807]
In April of each year, the Attorney General shall transmit to the Administrative
Office of the United States Court and to Congress a report setting forth with
respect to the preceding calendar year—
(a) the total number of applications made for orders and extensions of orders
approving electronic surveillance under this title; and
(b) the total number of such orders and extensions either granted, modified, or
denied.
CONGRESSIONAL OVERSIGHT
SEC. 108. [50 U.S.C. §1808]
(a)(1) On a semiannual basis the Attorney General shall fully inform the House
Permanent Select Committee on Intelligence and the Senate Select Committees
on Intelligence and the Committee on the Judiciary of the Senate concerning all
electronic surveillance under this title. Nothing in this title shall be deemed to
limit the authority and responsibility of the appropriate committees of each
House of Congress to obtain such information as they may need to carry out their
respective functions and duties.
(2) Each report under the first sentence of paragraph (1) shall include a
description of—
(A) the total number of applications made for orders and
extensions of orders approving electronic surveillance under this
title where the nature and location of each facility or place at
which the electronic surveillance will be directed is unknown;
(B) each criminal case in which information acquired under this
Act has been authorized for use at trial during the period covered
by such report; and
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(C) the total number of emergency employments of electronic
surveillance under section 105(f) and the total number of
subsequent orders approving or denying such electronic
surveillance.
(b) On or before one year after the effective date of this Act and on the same day
each year for four years thereafter, the Permanent Select Committee on
Intelligence and the Senate Select
Committee on Intelligence shall report respectively to the House of
Representatives and the Senate, concerning the implementation of this Act. Said
reports shall include but not be limited to an analysis and recommendations
concerning whether this Act should be (1) amended, (2) repealed, or (3)
permitted to continue in effect without amendment.
PENALTIES
SEC. 109. [50 U.S.C. §1809]
(a) OFFENSE.—A person is guilty of an offense if he intentionally—
(1) engages in electronic surveillance under color of law except as
authorized by statute; or
(2) disclose or uses information obtained under color of law by electronic
surveillance, knowing or having reason to known that the information
was obtained through electronic surveillance not authorized by statute.
(b) DEFENSE.—It is a defense to a prosecution under subsection (a) that the
defendant was a law enforcement or investigative officer engaged in the course
of his official duties and the electronic surveillance was authorized by and
conducted pursuant to a search warrant or court order of a court of competent
jurisdiction.
(c) PENALTY.—An offense in this section is punishable by a fine of not more
than $10,000 or imprisonment for not more than five years, or both.
(d) JURISDICTION.—There is Federal jurisdiction over an offense under this
section if the person committing the offense was an officer or employee of the
United States at the time the offense was committed.
CIVIL LIABILITY
SEC. 110. [50 U.S.C. §1810]
CIVIL ACTION.—An aggrieved person, other than a foreign power or an agent of
a foreign power, as defined in section 101 (a) or (b)(1)(A), respectively, who has
been subjected to an electronic surveillance or about whom information obtained
by electronic surveillance of such person has been disclosed or used in violation
of section 109 shall have a cause of action against any person who committed
such violation and shall be entitled to recover—
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(a) actual damages, but not less than liquidated damages of $1,000 or $100 per
day for each day of violation, whichever is greater;
(b) punitive damages; and
(c) reasonable attorney’s fees and other investigation and litigation costs
reasonably incurred.
AUTHORIZATION DURING TIME OF WAR
SEC. 111. [50 U.S.C. §1811] Notwithstanding any other law, the President,
through the Attorney General, may authorize electronic surveillance without a
court order under this title to acquire foreign intelligence information for a period
not to exceed fifteen calendar days following a declaration of war by the
Congress.
TITLE II—CONFORMING AMENDMENTS
AMENDMENTS TO CHAPTER 119 OF TITLE 18, UNITED STATES CODE
SEC. 201.
Chapter 119 of title 18, United States Code, is amended as follows:
(a) Section 2511(2)(a)(ii) is amended to read as follows:
“(ii) Notwithstanding any other law, communication
common carriers, their officers, employees, and agents,
landlords, custodians, or other persons, are authorized to
provide information, facilities, or technical assistance to
persons authorized by law to intercept wire or oral
communications or to conduct electronic surveillance, as
defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978, if the common carrier, its
officers, employees, or agent, landlord, custodian, or
other specified person, has been provided with—
“(A) a court order directing such assistance signed by the
authorizing judge, or
“(B) a certification in writing by a person specified in section
2518(7) of title or the Attorney General of the United States that
no warrant or court order is required by law, that all statutory
requirements have been met, and that the specified assistance is
required, setting forth the period of time during which the
provision of the information, facilities, or technical assistance is
authorized and specifying the information, facilities, or technical
assistance required. No communications common carrier,
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officer, employee, or agent thereof, or landlord, custodian, or
other specified person shall disclose the existence of any
interception or surveillance or the device used to accomplish the
interception or surveillance with respect to which the person has
been furnished an order or certification under this subparagraph,
except as may otherwise be required by legal process and then
only after prior notification of the Attorney General or to the
principal prosecuting attorney of a State or any political
subdivision of a State, as may be appropriate. Any violation of
this subparagraph by a communication common carrier or an
officer, employee, or agent thereof, shall render the carrier liable
for the civil damages provided for in section 2520. No cause of
action shall lie in any court against any communication common
carrier, its officers, employees, or agents, landlord, custodian, or
other specified person for providing information, facilities, or
assistance in accordance with the terms of an order or
certification under this subparagraph.”.
(b) Section 2511(2) is amended by adding at the end thereof the following new
provisions:
“(e) Notwithstanding any other provision of this Act or section 605 or 606 of the
Communications Act of 1934, it shall not be unlawful for an officer, employee,
or agent of the United States in the normal course of his official duty to conduct
electronic surveillance, as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978, as authorized by that Act.
“(f) Nothing contained in this chapter, or section 605 of the Communications Act
of 1934, shall be deemed to affect the acquisition by the United States
Government of foreign intelligence information from international or foreign
communications by a means other than electronic surveillance as defined in
section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures
in this chapter and the Foreign Intelligence Surveillance Act of 1978 shall be the
exclusive means by which electronic surveillance, as defined in section 101 of
such Act, and the interception of domestic wire and oral communications may be
conducted.”.
(c) Section 2511(3) is repealed.
(d) Section 2518(1) is amended by inserting “under this chapter” after
“communication”.
(e) Section 2518(4) is amended by inserting “under this chapter” after both
appearances of “wire or oral communication”.
(f) Section 2518(9) is amended by striking out “intercepted” and inserting
“intercepted pursuant to this chapter” after “communication”.
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(g) Section 2518(10) is amended by striking out “intercepted” and inserting
“intercepted pursuant to this chapter” after the first appearance of
“communication”.
(h) Section 2519(3) is amended by inserting “pursuant to this chapter” after “wire
or oral communications” and after “granted or denied”.
TITLE III—PHYSICAL SEARCHES WITHIN
THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES
DEFINITIONS
SEC. 301. [50 U.S.C. §1821]
As used in this title:
(1) The terms “foreign power”, “agent of a foreign power”, “international
terrorism”, “sabotage”, “foreign intelligence information”, “Attorney
General”, “United States person”,
“United States”, “person”, and “State” shall have the same meanings as
in section 101 of this Act, except as specifically provided by this title.
(2) “Aggrieved person” means a person whose premises, property,
information, or material is the target of physical search or any other
person whose premises, property, information, or material was subject to
physical search.
(3) “Foreign Intelligence Surveillance Court” means the court established
by section 103(a) of this Act.
(4) “Minimization procedures” with respect to physical search, means—
(A) specific procedures, which shall be adopted by the Attorney
General, that are reasonably designed in light of the purposes
and technique of the particular physical search, to minimize the
acquisition and retention, and prohibit the dissemination, of
nonpublicly available information concerning unconsenting
United States persons consistent with the need of the United
States to obtain, produce, and disseminate foreign intelligence
information;
(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information, as
defined in section 101(e)(1) of this Act, shall not be
disseminated in a manner that identifies any United States
person, without such person’s consent, unless such person’s
identity is necessary to understand such foreign intelligence
information or assess its importance;
(C) notwithstanding subparagraphs (A) and (B), procedures that
allow for the retention and dissemination of information that is
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evidence of a crime which has been, is being, or is about to be
committed and that is to be retained or disseminated for law
enforcement purposes; and
(D) notwithstanding subparagraphs (A), (B), and (C), with
respect to any physical search approved pursuant to section
302(a), procedures that require that no information, material, or
property of a United States person shall be disclosed,
disseminated, or used for any purpose or retained for longer than
72 hours unless a court order under section 304 is obtained or
unless the Attorney General determines that the information
indicates a threat of death or serious bodily harm to any person.
(5) “Physical search” means any physical intrusion within the United
States into premises or property (including examination of the interior of
property by technical means) that is intended to result in a seizure,
reproduction, inspection, or alteration of information, material, or
property, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law
enforcement purposes, but does not include (A) “electronic surveillance”,
as defined in section 101(f) of this Act, or (B) the acquisition by the
United States Government of foreign intelligence information from
international or foreign communications, or foreign intelligence activities
conducted in accordance with otherwise applicable Federal law involving
a foreign electronic communications system, utilizing a means other than
electronic surveillance as defined in section 101(f) of this Act.
AUTHORIZATION OF PHYSICAL SEARCHES FOR
FOREIGN INTELLIGENCE PURPOSES
SEC. 302. [50 U.S.C. §1822]
(a)(1) Notwithstanding any other provision of law, the President, acting through
the Attorney General, may authorize physical searches without a court order
under this title to acquire foreign intelligence information for periods of up to one
year if—
(A) the Attorney General certifies in writing under oath that—
(i) the physical search is solely directed at premises,
information, material, or property used exclusively by,
or under the open and exclusive control of, a foreign
power or powers (as defined in section 101(a) (1), (2), or
(3));
(ii) there is no substantial likelihood that the physical
search will involve the premises, information, material,
or property of a United States person; and
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(iii) the proposed minimization procedures with respect
to such physical search meet the definition of
minimization procedures under paragraphs (1) through
(4) of section 301(4); and
(B) the Attorney General reports such minimization procedures
and any changes thereto to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate at least 30 days before
their effective date, unless the Attorney General determines that
immediate action is required and notifies the committees
immediately of such minimization procedures and the reason for
their becoming effective immediately.
(2) A physical search authorized by this subsection may be conducted
only in accordance with the certification and minimization procedures
adopted by the Attorney General. The Attorney General shall assess
compliance with such procedures and shall report such assessments to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
under the provisions of section 306.
(3) The Attorney General shall immediately transmit under seal to the
Foreign Intelligence Surveillance Court a copy of the certification. Such
certification shall be maintained under security measures established by
the Chief Justice of the United States with the concurrence of the
Attorney General, in consultation with the Director of Central
Intelligence, and shall remain sealed unless—
(A) an application for a court order with respect to the physical
search is made under section 301(4) and section 303; or
(B) the certification is necessary to determine the legality of the
physical search under section 305(g).
(4)(A) With respect to physical searches authorized by this subsection,
the Attorney General may direct a specified landlord, custodian, or other
specified person to—
(i) furnish all information, facilities, or assistance
necessary to accomplish the physical search in such a
manner as will protect its secrecy and produce a
minimum of interference with the services that such
landlord, custodian, or other person is providing the
target of the physical search; and
(ii) maintain under security procedures approved by the
Attorney General and the Director of Central
Intelligence any records concerning the search or the aid
furnished that such person wishes to retain.
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(B) The Government shall compensate, at the prevailing rate,
such landlord, custodian, or other person for furnishing such aid.
(b) Applications for a court order under this title are authorized if the President
has, by written authorization, empowered the Attorney General to approve
applications to the Foreign Intelligence Surveillance Court. Notwithstanding any
other provision of law, a judge of the court to whom application is made may
grant an order in accordance with section 304 approving a physical search in the
United States of the premises, property, information, or material of a foreign
power or an agent of a foreign power for the purpose of collecting foreign
intelligence information.
(c) The Foreign Intelligence Surveillance Court shall have jurisdiction to hear
applications for and grant orders approving a physical search for the purpose of
obtaining foreign intelligence information anywhere within the United States
under the procedures set forth in this title, except that no judge shall hear the
same application which has been denied previously by another judge designated
under section 103(a) of this Act. If any judge so designated denies an application
for an order authorizing a physical search under this title, such judge shall
provide immediately for the record a written statement of each reason for such
decision and, on motion of the United States, the record shall be transmitted,
under seal, to the court of review established under section 103(b).
(d) The court of review established under section 103(b) shall have jurisdiction to
review the denial of any application made under this title. If such court
determines that the application was properly denied, the court shall immediately
provide for the record a written statement of each reason for its decision and, on
petition of the United States for a writ of certiorari, the record shall be
transmitted under seal to the Supreme Court, which shall have jurisdiction to
review such decision.
(e) Judicial proceedings under this title shall be concluded as expeditiously as
possible. The record of proceedings under this title, including applications made
and orders granted, shall be maintained under security measures established by
the Chief Justice of the United States in consultation with the Attorney General
and the Director of Central Intelligence.
APPLICATION FOR AN ORDER
SEC. 303. [50 U.S.C. §1823]
(a) Each application for an order approving a physical search under this title shall
be made by a
Federal officer in writing upon oath or affirmation to a judge of the Foreign
Intelligence Surveillance Court. Each application shall require the approval of the
Attorney General based upon the Attorney General’s finding that it satisfies the
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criteria and requirements for such application as set forth in this title. Each
application shall include—
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Attorney General by the President and
the approval of the Attorney General to make the application;
(3) the identity, if known, or a description of the target of the search, and
a detailed description of the premises or property to be searched and of
the information, material, or property to be seized, reproduced, or
altered;
(4) a statement of the facts and circumstances relied upon by the
applicant to justify the applicant’s belief that—
(A) the target of the physical search is a foreign power or an
agent of a foreign power;
(B) the premises or property to be searched contains foreign
intelligence information; and
(C) the premises or property to be searched is owned, used,
possessed by, or is in transit to or from a foreign power or an
agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a statement of the nature of the foreign intelligence sought and the
manner in which the physical search is to be conducted;
(7) a certification or certifications by the Assistant to the President for
National Security Affairs or an executive branch official or officials
designated by the President from among those executive branch officers
employed in the area of national security or defense and appointed by the
President, by and with the advice and consent of the Senate—
(A) that the certifying official deems the information sought to
be foreign intelligence information;
(B) that a significant purpose of the search is to obtain foreign
intelligence information;
(C) that such information cannot reasonably be obtained by
normal investigative techniques;
(D) that designates the type of foreign intelligence information
being sought according to the categories described in section
101(e); and
(E) includes a statement explaining the basis for the
certifications required by subparagraphs (C) and (D);
(8) where the physical search involves a search of the residence of a
United States person, the Attorney General shall state what investigative
techniques have previously been utilized to obtain the foreign
intelligence information concerned and the degree to which these
techniques resulted in acquiring such information; and
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(9) a statement of the facts concerning all previous applications that have
been made to any judge under this title involving any of the persons,
premises, or property specified in the application, and the action taken on
each previous application.
(b) The Attorney General may require any other affidavit or certification from
any other officer in connection with the application.
(c) The judge may require the applicant to furnish such other information as may
be necessary to make the determinations required by section 304.
(d)(1)(A) Upon written request of the Director of the Federal Bureau of
Investigation, the Secretary of Defense, the Secretary of State, or the Director of
Central Intelligence, the Attorney General shall personally review under
subsection (a) an application under that subsection for a target described in
section 101(b)(2).
(B) Except when disabled or otherwise unavailable to make a
request referred to in subparagraph (A), an official referred to in
that subparagraph may not delegate the authority to make a
request referred to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate
actions in advance to ensure that delegation of such authority is
clearly established in the event such official is disabled or
otherwise unavailable to make such request.
(2)(A) If as a result of a request under paragraph (1) the Attorney
General determines not to approve an application under the second
sentence of subsection (a) for purposes of making the application under
this section, the Attorney General shall provide written notice of the
determination to the official making the request for the review of the
application under that paragraph. Except when disabled or otherwise
unavailable to make a determination under the preceding sentence, the
Attorney General may not delegate the responsibility to make a
determination under that sentence. The Attorney General shall take
appropriate actions in advance to ensure that delegation of such
responsibility is clearly established in the event the Attorney General is
disabled or otherwise unavailable to make such determination.
(B) Notice with respect to an application under subparagraph (A)
shall set forth the modifications, if any, of the application that
are necessary in order for the Attorney General to approve the
application under the second sentence of subsection (a) for
purposes of making the application under this section.
(C) Upon review of any modifications of an application set forth
under subparagraph (B), the official notified of the modifications
under this paragraph shall modify the application if such official
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determines that such modification is warranted. Such official
shall supervise the making of any modification under this
subparagraph. Except when disabled or otherwise unavailable to
supervise the making of any modification under the preceding
sentence, such official may not delegate the responsibility to
supervise the making of any modification under that preceding
sentence. Each such official shall take appropriate actions in
advance to ensure that delegation of such responsibility is clearly
established in the event such official is disabled or otherwise
unavailable to supervise the making of such modification.
ISSUANCE OF AN ORDER
SEC. 304. [50 U.S.C. §§1824]
(a) Upon an application made pursuant to section 303, the judge shall enter an ex
parte order as requested or as modified approving the physical search if the judge
finds that—
(1) the President has authorized the Attorney General to approve
applications for physical searches for foreign intelligence purposes;
(2) the application has been made by a Federal officer and approved by
the Attorney General;
(3) on the basis of the facts submitted by the applicant there is probable
cause to believe that—
(A) the target of the physical search is a foreign power or an
agent of a foreign power, except that no United States person
may be considered an agent of a foreign power solely upon the
basis of activities protected by the first amendment to the
Constitution of the United States; and
(B) the premises or property to be searched is owned, used,
possessed by, or is in transit to or from an agent of a foreign
power or a foreign power;
(4) the proposed minimization procedures meet the definition of
minimization contained in this title; and
(5) the application which has been filed contains all statements and
certifications required by section 303, and, if the target is a United States
person, the certification or certifications are not clearly erroneous on the
basis of the statement made under section 303(a)(7)(E) and any other
information furnished under section 303(c).
(b) In determining whether or not probable cause exists for purposes of an order
under subsection (a)(3), a judge may consider past activities of the target, as well
as facts and circumstances relating to current or future activities of the target.
(c) An order approving a physical search under this section shall—
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(1) specify—
(A) the identity, if known, or a description of the target of the
physical search;
(B) the nature and location of each of the premises or property to
be searched;
(C) the type of information, material, or property to be seized,
altered, or reproduced;
(D) a statement of the manner in which the physical search is to
be conducted and, whenever more than one physical search is
authorized under the order, the authorized scope of each search
and what minimization procedures shall apply to the information
acquired by each search; and
(E) the period of time during which physical searches are
approved; and
(2) direct—
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified landlord,
custodian, or other specified person furnish the applicant
forthwith all information, facilities, or assistance necessary to
accomplish the physical search in such a manner as will protect
its secrecy and produce a minimum of interference with the
services that such landlord, custodian, or other person is
providing the target of the physical search;
(C) that such landlord, custodian, or other person maintain under
security procedures approved by the Attorney General and the
Director of Central Intelligence any records concerning the
search or the aid furnished that such person wishes to retain;
(D) that the applicant compensate, at the prevailing rate, such
landlord, custodian, or other person for furnishing such aid; and
(E) that the Federal officer conducting the physical search
promptly report to the court the circumstances and results of the
physical search.
(d)(1) An order issued under this section may approve a physical search for the
period necessary to achieve its purpose, or for 90 days, whichever is less, except
that
(A) an order under this section shall approve a physical search
targeted against a foreign power, as defined in paragraph (1), (2),
or (3) of section 101(a), for the period specified in the
application or for one year, whichever is less, and
(B) an order under this section for a physical search targeted
against an agent of a foreign power who is not a United States
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person may be for the period specified in the application or for
120 days, whichever is less.
(2) Extensions of an order issued under this title may be granted on the
same basis as the original order upon an application for an extension and
new findings made in the same manner as required for the original order,
except that an extension of an order under this Act for a physical search
targeted against a foreign power, as defined in section 101(a) (5) or (6),
or against a foreign power, as defined in section 101(a)(4), that is not a
United States person, or against an agent of a foreign power who is not a
United States person, may be for a period not to exceed one year if the
judge finds probable cause to believe that no property of any individual
United States person will be acquired during the period.
(3) At or before the end of the period of time for which a physical search
is approved by an order or an extension, or at any time after a physical
search is carried out, the judge may assess compliance with the
minimization procedures by reviewing the circumstances under which
information concerning United States persons was acquired, retained, or
disseminated.
(e)(1)(A) Notwithstanding any other provision of this Act, whenever the
Attorney General reasonably makes the determination specified in subparagraph
(B), the Attorney General may authorize the execution of an emergency physical
search if—
(i) a judge having jurisdiction under section 103 is
informed by the Attorney General or the Attorney
General’s designee at the time of such authorization that
the decision has been made to execute an emergency
search, and
(ii) an application in accordance with this title is made to
that judge as soon as practicable but not more than 72
hours after the Attorney General authorizes such search.
(B) The determination referred to in subparagraph (A) is a
determination that—
(i) an emergency situation exists with respect to the
execution of a physical search to obtain foreign
intelligence information before an order authorizing such
search can with due diligence be obtained, and
(ii) the factual basis for issuance of an order under this
title to approve such a search exists.
(2) If the Attorney General authorizes an emergency search under
paragraph (1), the Attorney General shall require that the minimization
procedures required by this title for the issuance of a judicial order be
followed.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(3) In the absence of a judicial order approving such a physical search,
the search shall terminate the earlier of—
(A) the date on which the information sought is obtained;
(B) the date on which the application for the order is denied; or
(C) the expiration of 72 hours from the time of authorization by
the Attorney General.
(4) In the event that such application for approval is denied, or in any
other case where the physical search is terminated and no order is issued
approving the search, no information obtained or evidence derived from
such search shall be received in evidence or otherwise disclosed in any
trial, hearing, or other proceeding in or before any court, grand jury,
department, office, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or political subdivision
thereof, and no information concerning any United States person
acquired from such search shall subsequently be used or disclosed in any
other manner by Federal officers or employees without the consent of
such person, except with the approval of the Attorney General, if the
information indicates a threat of death or serious bodily harm to any
person. A denial of the application made under this subsection may be
reviewed as provided in section 302.
(f) Applications made and orders granted under this title shall be retained for a
period of at least 10 years from the date of the application.
USE OF INFORMATION
SEC. 305. [50 U.S.C. §1825]
(a) Information acquired from a physical search conducted pursuant to this title
concerning any United States person may be used and disclosed by Federal
officers and employees without the consent of the United States person only in
accordance with the minimization procedures required by this title. No
information acquired from a physical search pursuant to this title may be used or
disclosed by Federal officers or employees except for lawful purposes.
(b) Where a physical search authorized and conducted pursuant to section 304
involves the residence of a United States person, and, at any time after the search
the Attorney General determines there is no national security interest in
continuing to maintain the secrecy of the search, the Attorney General shall
provide notice to the United States person whose residence was searched of the
fact of the search conducted pursuant to this Act and shall identify any property
of such person seized, altered, or reproduced during such search.
(c) No information acquired pursuant to this title shall be disclosed for law
enforcement purposes unless such disclosure is accompanied by a statement that
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
such information, or any information derived therefrom, may only be used in a
criminal proceeding with the advance authorization of the Attorney General.
(d) Whenever the United States intends to enter into evidence or otherwise use or
disclose in any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the United
States, against an aggrieved person, any information obtained or derived from a
physical search pursuant to the authority of this Act, the United States shall, prior
to the trial, hearing, or the other proceeding or at a reasonable time prior to an
effort to so disclose or so use that information or submit it in evidence, notify the
aggrieved person and the court or other authority in which the information is to
be disclosed or used that the United States intends to so disclose or so use such
information.
(e) Whenever any State or political subdivision thereof intends to enter into
evidence or otherwise use or disclose in any trial, hearing, or other proceeding in
or before any court, department, officer, agency, regulatory body, or other
authority of a State or a political subdivision thereof against an aggrieved person
any information obtained or derived from a physical search pursuant to the
authority of this Act, the State or political subdivision thereof shall notify the
aggrieved person, the court or other authority in which the information is to be
disclosed or used, and the Attorney General that the State or political subdivision
thereof intends to so disclose or so use such information.
(f)(1) Any person against whom evidence obtained or derived from a physical
search to which he is an aggrieved person is to be, or has been, introduced or
otherwise used or disclosed in any trial, hearing, or other proceeding in or before
any court, department, officer, agency, regulatory body, or other authority of the
United States, a State, or a political subdivision thereof, may move to suppress
the evidence obtained or derived from such search on the grounds that—
(A) the information was unlawfully acquired; or
(B) the physical search was not made in conformity with an
order of authorization or approval.
(2) Such a motion shall be made before the trial, hearing, or other
proceeding unless there was no opportunity to make such a motion or the
person was not aware of the grounds of the motion.
(g) Whenever a court or other authority is notified pursuant to subsection (d) or
(e), or whenever a motion is made pursuant to subsection (f), or whenever any
motion or request is made by an aggrieved person pursuant to any other statute or
rule of the United States or any State before any court or other authority of the
United States or any State to discover or obtain applications or orders or other
materials relating to a physical search authorized by this title or to discover,
obtain, or suppress evidence or information obtained or derived from a physical
search authorized by this title, the United States district court or, where the
motion is made before another authority, the United States district court in the
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
same district as the authority shall, notwithstanding any other provision of law, if
the Attorney General files an affidavit under oath that disclosure or any adversary
hearing would harm the national security of the United States, review in camera
and ex parte the application, order, and such other materials relating to the
physical search as may be necessary to determine whether the physical search of
the aggrieved person was lawfully authorized and conducted. In making this
determination, the court may disclose to the aggrieved person, under appropriate
security procedures and protective orders, portions of the application, order, or
other materials relating to the physical search, or may require the Attorney
General to provide to the aggrieved person a summary of such materials, only
where such disclosure is necessary to make an accurate determination of the
legality of the physical search.
(h) If the United States district court pursuant to subsection (g) determines that
the physical search was not lawfully authorized or conducted, it shall, in
accordance with the requirements of law, suppress the evidence which was
unlawfully obtained or derived from the physical search of the aggrieved person
or otherwise grant the motion of the aggrieved person. If the court determines
that the physical search was lawfully authorized or conducted, it shall deny the
motion of the aggrieved person except to the extent that due process requires
discovery or disclosure.
(i) Orders granting motions or requests under subsection (h), decisions under this
section that a physical search was not lawfully authorized or conducted, and
orders of the United States district court requiring review or granting disclosure
of applications, orders, or other materials relating to the physical search shall be
final orders and binding upon all courts of the United States and the several
States except a United States Court of Appeals or the Supreme Court.
(j)(1) If an emergency execution of a physical search is authorized under section
304(d) and a subsequent order approving the search is not obtained, the judge
shall cause to be served on any United States person named in the application and
on such other United States persons subject to the search as the judge may
determine in his discretion it is in the interests of justice to serve, notice of—
(A) the fact of the application;
(B) the period of the search; and
(C) the fact that during the period information was or was not
obtained.
(2) On an ex parte showing of good cause to the judge, the serving of the
notice required by this subsection may be postponed or suspended for a
period not to exceed 90 days. Thereafter, on a further ex parte showing
of good cause, the court shall forego ordering the serving of the notice
required under this subsection.
(k)(1) Federal officers who conduct physical searches to acquire foreign
intelligence information under this title may consult with Federal law
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enforcement officers or law enforcement personnel of a State or political
subdivision of a State (including the chief executive officer of that State or
political subdivision who has the authority to appoint or direct the chief law
enforcement officer of that State or political subdivision) to coordinate efforts to
investigate or protect against—
(A) actual or potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an
agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service
or network of a foreign power or by an agent of a foreign power.
(2) Coordination authorized under paragraph (1) shall not preclude the
certification required by section 303(a)(7) or the entry of an order under
section 304.
CONGRESSIONAL OVERSIGHT
SEC. 306. [50 U.S.C. §1826]
On a semiannual basis the Attorney General shall fully inform the Permanent
Select Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate and the Committee on the Judiciary of
the Senate concerning all physical searches conducted pursuant to this title. On a
semiannual basis the Attorney General shall also provide to those committees
and the Committee on the Judiciary of the House of Representatives a report
setting forth with respect to the preceding six-month period—
(1) the total number of applications made for orders approving physical
searches under this title;
(2) the total number of such orders either granted, modified, or denied;
(3) the number of physical searches which involved searches of the
residences, offices, or personal property of United States persons, and the
number of occasions, if any, where the Attorney General provided notice
pursuant to section 305(b); and
(4) the total number of emergency physical searches authorized by the
Attorney General under section 304(e) and the total number of
subsequent orders approving or denying such physical searches.
PENALTIES
SEC. 307. [50 U.S.C. §1827]
(a) A person is guilty of an offense if he intentionally—

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(1) under color of law for the purpose of obtaining foreign intelligence
information, executes a physical search within the United States except
as authorized by statute; or
(2) discloses or uses information obtained under color of law by physical
search within the United States, knowing or having reason to know that
the information was obtained through physical search not authorized by
statute, for the purpose of obtaining intelligence information.
(b) It is a defense to a prosecution under subsection (a) that the defendant was a
law enforcement or investigative officer engaged in the course of his official
duties and the physical search was authorized by and conducted pursuant to a
search warrant or court order of a court of competent jurisdiction.
(c) An offense described in this section is punishable by a fine of not more than
$10,000 or imprisonment for not more than five years, or both.
(d) There is Federal jurisdiction over an offense under this section if the person
committing the offense was an officer or employee of the United States at the
time the offense was committed.
CIVIL LIABILITY
SEC. 308. [50 U.S.C. §1828]
An aggrieved person, other than a foreign power or an agent of a foreign power,
as defined in section 101 (a) or (b)(1)(A), respectively, of this Act, whose
premises, property, information, or material has been subjected to a physical
search within the United States or about whom information obtained by such a
physical search has been disclosed or used in violation of section 307 shall have a
cause of action against any person who committed such violation and shall be
entitled to recover—
(1) actual damages, but not less than liquidated damages of $1,000 or
$100 per day for each day of violation, whichever is greater;
(2) punitive damages; and
(3) reasonable attorney’s fees and other investigative and litigation costs
reasonably incurred.
AUTHORIZATION DURING TIME OF WAR
SEC. 309. [50 U.S.C. §1829]
Notwithstanding any other provision of law, the President, through the Attorney
General, may authorize physical searches without a court order under this title to
acquire foreign intelligence information for a period not to exceed 15 calendar
days following a declaration of war by the Congress.

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TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES
FOR FOREIGN INTELLIGENCE PURPOSES
DEFINITIONS
SEC. 401. [50 U.S.C. §1841]
As used in this title:
(1) The terms “foreign power”, “agent of a foreign power”, “international
terrorism”, “foreign intelligence information”, “Attorney General”,
“United States person”, “United States”, “person”, and “State” shall have
the same meanings as in section 101 of this Act.
(2) The terms “pen register” and “trap and trace device” have the
meanings given such terms in section 3127 of title 18, United States
Code.
(3) The term “aggrieved person” means any person—
(A) whose telephone line was subject to the installation or use of
a pen register or trap and trace device authorized by this title; or
(B) whose communication instrument or device was subject to
the use of a pen register or trap and trace device authorized by
this title to capture incoming electronic or other communications
impulses.
PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN NTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS
SEC. 402. [50 U.S.C. §1842]
(a)(1) Notwithstanding any other provision of law, the Attorney General or a
designated attorney for the Government may make an application for an order or
an extension of an order authorizing or approving the installation and use of a
pen register or trap and trace device for any investigation to obtain foreign
intelligence information not concerning a United States person or to protect
against international terrorism or clandestine intelligence activities, provided that
such investigation of a United States person is not conducted solely upon the
basis of activities protected by the first amendment to the Constitution which is
being conducted by the Federal Bureau of Investigation under such guidelines as
the Attorney General approves pursuant to Executive Order No. 12333, or a
successor order.
(2) The authority under paragraph (1) is in addition to the authority under
title I of this Act to conduct the electronic surveillance referred to in that
paragraph.
(b) Each application under this section shall be in writing under oath or
affirmation to—
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(1) a judge of the court established by section 103(a) of this Act; or
(2) a United States Magistrate Judge under chapter 43 of title 28, United
States Code, who is publicly designated by the Chief Justice of the
United States to have the power to hear applications for and grant orders
approving the installation and use of a pen register or trap and trace
device on behalf of a judge of that court.
(c) Each application under this section shall require the approval of the Attorney
General, or a designated attorney for the Government, and shall include—
(1) the identity of the Federal officer seeking to use the pen register or
trap and trace device covered by the application; and
(2) a certification by the applicant that the information likely to be
obtained is foreign intelligence information not concerning a United
States person or is relevant to an ongoing investigation to protect against
international terrorism or clandestine intelligence activities, provided that
such investigation of a United States person is not conducted solely upon
the basis of activities protected by the first amendment to the
Constitution.
(d)(1) Upon an application made pursuant to this section, the judge shall enter an
ex parte order as requested, or as modified, approving the installation and use of
a pen register or trap and trace device if the judge finds that the application
satisfies the requirements of this section.
(2) An order issued under this section—
(A) 1 shall specify—
(i) the identity, if known, of the person who is the
subject of the investigation;
(ii) the identity, if known, of the person to whom is
leased or in whose name is listed the telephone line or
other facility to which the pen register or trap and trace
device is to be attached or applied;
(iii) the attributes of the communications to which the
order applies, such as the number or other identifier, and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied and, in the case of a trap and
trace device, the geographic limits of the trap and trace
order;
(B) shall direct that—
(i) upon request of the applicant, the provider of a wire
or electronic communication service, landlord,
custodian, or other person shall furnish any information,
facilities, or technical assistance necessary to accomplish
the installation and operation of the pen register or trap
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and trace device in such a manner as will protect its
secrecy and produce a minimum amount of interference
with the services that such provider, landlord, custodian,
or other person is providing the person concerned;
(ii) such provider, landlord, custodian, or other person—
(I) shall not disclose the existence of the
investigation or of the pen register or trap and
trace device to any person unless or until
ordered by the court; and
(II) shall maintain, under security procedures
approved by the Attorney General and the
Director of Central Intelligence pursuant to
section 105(b)(2)(C) of this Act, any records
concerning the pen register or trap and trace
device or the aid furnished; and
(iii) the applicant shall compensate such provider,
landlord, custodian, or other person for reasonable
expenses incurred by such provider, landlord, custodian,
or other person in providing such information, facilities,
or technical assistance; and
(C) shall direct that, upon the request of the applicant, the
provider of a wire or electronic communication service shall
disclose to the Federal officer using the pen register or trap and
trace device covered by the order—
(i) in the case of the customer or subscriber using the
service covered by the order (for the period specified by
the order)—
(I) the name of the customer or subscriber;
(II) the address of the customer or subscriber;
(III) the telephone or instrument number, or
other subscriber number or identifier, of the
customer or subscriber, including any
temporarily assigned network address or
associated routing or transmission information;
(IV) the length of the provision of service by
such provider to the customer or subscriber and
the types of services utilized by the customer or
subscriber;
(V) in the case of a provider of local or long
distance telephone service, any local or long
distance telephone records of the customer or
subscriber;
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(VI) if applicable, any records reflecting period
of usage (or sessions) by the customer or
subscriber; and
(VII) any mechanisms and sources of payment
for such service, including the number of any
credit card or bank account utilized for payment
for such service; and
(ii) if available, with respect to any customer or
subscriber of incoming or outgoing communications to
or from the service covered by the order—
(I) the name of such customer or subscriber;
(II) the address of such customer or subscriber;
(III) the telephone or instrument number, or
other subscriber number or identifier, of such
customer or subscriber, including any
temporarily assigned network address or
associated routing or transmission information;
and
(IV) the length of the provision of service by
such provider to such customer or subscriber and
the types of services utilized by such customer
or subscriber.
(e)(1) Except as provided in paragraph (2), an order issued under this section
shall authorize the installation and use of a pen register or trap and trace device
for a period not to exceed 90 days. Extensions of such an order may be granted,
but only upon an application for an order under this section and upon the judicial
finding required by subsection (d). The period of extension shall be for a period
not to exceed 90 days.
(2) In the case of an application under subsection (c) where the applicant
has certified that the information likely to be obtained is foreign
intelligence information not concerning a United States person, an order,
or an extension of an order, under the section may be for a period not to
exceed one year.
(f ) No cause of action shall lie in any court against any provider of a wire or
electronic communication service, landlord, custodian, or other person (including
any officer, employee, agent, or other specified person thereof ) that furnishes
any information, facilities, or technical assistance under subsection (d) in
accordance with the terms of an order issued under this section.
(g) Unless otherwise ordered by the judge, the results of a pen register or trap and
trace device shall be furnished at reasonable intervals during regular business
hours for the duration of the order to the authorized Government official or
officials.
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AUTHORIZATION DURING EMERGENCIES
SEC. 403. [50 U.S.C. §1843]
(a) Notwithstanding any other provision of this Act, when the Attorney General
makes a determination described in subsection (b), the Attorney General may
authorize the installation and use of a pen register or trap and trace device on an
emergency basis to gather foreign intelligence information not concerning a
United States person or information to protect against international terrorism or
clandestine intelligence activities, provided that such investigation of a United
States person is not conducted solely upon the basis of activities protected by the
first amendment to the Constitution if—
(1) a judge referred to in section 402(b) of this Act is informed by the
Attorney General or his designee at the time of such authorization that
the decision has been made to install and use the pen register or trap and
trace device, as the case may be, on an emergency basis; and
(2) an application in accordance with section 402 of this Act is made to
such judge as soon as practicable, but not more than 48 hours, after the
Attorney General authorizes the installation and use of the pen register or
trap and trace device, as the case may be, under this section.
(b) A determination under this subsection is a reasonable determination by the
Attorney General that—
(1) an emergency requires the installation and use of a pen register or
trap and trace device to obtain foreign intelligence information not
concerning a United States person or information to protect against
international terrorism or clandestine intelligence activities, provided that
such investigation of a United States person is not conducted solely upon
the basis of activities protected by the first amendment to the
Constitution before an order authorizing the installation and use of the
pen register or trap and trace device, as the case may be, can with due
diligence be obtained under section 402 of this Act; and
(2) the factual basis for issuance of an order under such section 402 to
approve the installation and use of the pen register or trap and trace
device, as the case may be, exists.
(c)(1) In the absence of an order applied for under subsection (a)(2) approving
the installation and use of a pen register or trap and trace device authorized under
this section, the installation and use of the pen register or trap and trace device, as
the case may be, shall terminate at the earlier of—
(A) when the information sought is obtained;
(B) when the application for the order is denied under section
402 of this Act; or
(C) 48 hours after the time of the authorization by the Attorney
General.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(2) In the event that an application for an order applied for under
subsection (a)(2) is denied, or in any other case where the installation
and use of a pen register or trap and trace device under this section is
terminated and no order under section 402 of this Act is issued approving
the installation and use of the pen register or trap and trace device, as the
case may be, no information obtained or evidence derived from the use
of the pen register or trap and trace device, as the case may be, shall be
received in evidence or otherwise disclosed in any trial, hearing, or other
proceeding in or before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof, and no information
concerning any United States person acquired from the use of the pen
register or trap and trace device, as the case may be, shall subsequently
be used or disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the approval
of the Attorney General if the information indicates a threat of death or
serious bodily harm to any person.
AUTHORIZATION DURING TIME OF WAR
SEC. 404. [50 U.S.C. §1844]
Notwithstanding any other provision of law, the President, through the Attorney
General, may authorize the use of a pen register or trap and trace device without
a court order under this title to acquire foreign intelligence information for a
period not to exceed 15 calendar days following a declaration of war by
Congress.
USE OF INFORMATION
SEC. 405. [50 U.S.C. §1845]
(a)(1) Information acquired from the use of a pen register or trap and trace device
installed pursuant to this title concerning any United States person may be used
and disclosed by Federal officers and employees without the consent of the
United States person only in accordance with the provisions of this section.
(2) No information acquired from a pen register or trap and trace device
installed and used pursuant to this title may be used or disclosed by
Federal officers or employees except for lawful purposes.
(b) No information acquired pursuant to this title shall be disclosed for law
enforcement purposes unless such disclosure is accompanied by a statement that
such information, or any information derived therefrom, may only be used in a
criminal proceeding with the advance authorization of the Attorney General.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(c) Whenever the United States intends to enter into evidence or otherwise use or
disclose in any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the United
States against an aggrieved person any information obtained or derived from the
use of a pen register or trap and trace device pursuant to this title, the United
States shall, before the trial, hearing, or the other proceeding or at a reasonable
time before an effort to so disclose or so use that information or submit it in
evidence, notify the aggrieved person and the court or other authority in which
the information is to be disclosed or used that the United States intends to so
disclose or so use such information.
(d) Whenever any State or political subdivision thereof intends to enter into
evidence or otherwise use or disclose in any trial, hearing, or other proceeding in
or before any court, department, officer, agency, regulatory body, or other
authority of the State or political subdivision thereof against an aggrieved person
any information obtained or derived from the use of a pen register or trap and
trace device pursuant to this title, the State or political subdivision thereof shall
notify the aggrieved person, the court or other authority in which the information
is to be disclosed or used, and the Attorney General that the State or political
subdivision thereof intends to so disclose or so use such information.
(e)(1) Any aggrieved person against whom evidence obtained or derived from the
use of a pen register or trap and trace device is to be, or has been, introduced or
otherwise used or disclosed in any trial, hearing, or other proceeding in or before
any court, department, officer, agency, regulatory body, or other authority of the
United States, or a State or political subdivision thereof, may move to suppress
the evidence obtained or derived from the use of the pen register or trap and trace
device, as the case may be, on the grounds that—
(A) the information was unlawfully acquired; or
(B) the use of the pen register or trap and trace device, as the
case may be, was not made in conformity with an order of
authorization or approval under this title.
(2) A motion under paragraph (1) shall be made before the trial, hearing,
or other proceeding unless there was no opportunity to make such a
motion or the aggrieved person concerned was not aware of the grounds
of the motion.
(f )(1) Whenever a court or other authority is notified pursuant to subsection (c)
or (d), whenever a motion is made pursuant to subsection (e), or whenever any
motion or request is made by an aggrieved person pursuant to any other statute or
rule of the United States or any State before any court or other authority of the
United States or any State to discover or obtain applications or orders or other
materials relating to the use of a pen register or trap and trace device authorized
by this title or to discover, obtain, or suppress evidence or information obtained
or derived from the use of a pen register or trap and trace device authorized by
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
this title, the United States district court or, where the motion is made before
another authority, the United States district court in the same district as the
authority shall, notwithstanding any other provision of law and if the Attorney
General files an affidavit under oath that disclosure or any adversary hearing
would harm the national security of the United States, review in camera and ex
parte the application, order, and such other materials relating to the use of the pen
register or trap and trace device, as the case may be, as may be necessary to
determine whether the use of the pen register or trap and trace device, as the case
may be, was lawfully authorized and conducted.
(2) In making a determination under paragraph (1), the court may
disclose to the aggrieved person, under appropriate security procedures
and protective orders, portions of the application, order, or other
materials relating to the use of the pen register or trap and trace device,
as the case may be, or may require the Attorney General to provide to the
aggrieved person a summary of such materials, only where such
disclosure is necessary to make an accurate determination of the legality
of the use of the pen register or trap and trace device, as the case may be.
(g)(1) If the United States district court determines pursuant to subsection (f )
that the use of a pen register or trap and trace device was not lawfully authorized
or conducted, the court may, in accordance with the requirements of law,
suppress the evidence which was unlawfully obtained or derived from the use of
the pen register or trap and trace device, as the case may be, or otherwise grant
the motion of the aggrieved person.
(2) If the court determines that the use of the pen register or trap and
trace device, as the case may be, was lawfully authorized or conducted, it
may deny the motion of the aggrieved person except to the extent that
due process requires discovery or disclosure.
(h) Orders granting motions or requests under subsection (g), decisions under this
section that the use of a pen register or trap and trace device was not lawfully
authorized or conducted, and orders of the United States district court requiring
review or granting disclosure of applications, orders, or other materials relating
to the installation and use of a pen register or trap and trace device shall be final
orders and binding upon all courts of the United States and the several States
except a United States Court of Appeals or the Supreme Court.
CONGRESSIONAL OVERSIGHT
SEC. 406. [50 U.S.C. §1846]
(a) On a semiannual basis, the Attorney General shall fully inform the Permanent
Select Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate and the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the Senate
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
concerning all uses of pen registers and trap and trace devices pursuant to this
title.
(b) On a semiannual basis, the Attorney General shall also provide to the
committees referred to in subsection (a) and to the Committees on the Judiciary
of the House of Representatives and the
Senate a report setting forth with respect to the preceding 6-month period—
(1) the total number of applications made for orders approving the use of
pen registers or trap and trace devices under this title;
(2) the total number of such orders either granted, modified, or denied;
and
(3) the total number of pen registers and trap and trace devices whose
installation and use was authorized by the Attorney General on an
emergency basis under section 403, and the total number of subsequent
orders approving or denying the installation and use of such pen registers
and trap and trace devices.
TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS
FOR FOREIGN INTELLIGENCE PURPOSES
ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS
SEC. 501. [50 U.S.C. §1861]
(a)(1) Subject to paragraph (3), the Director of the Federal Bureau of
Investigation or a designee of the Director (whose rank shall be no lower than
Assistant Special Agent in Charge) may make an application for an order
requiring the production of any tangible things (including books, records, papers,
documents, and other items) for an investigation to obtain foreign intelligence
information not concerning a United States person or to protect against
international terrorism or clandestine intelligence activities, provided that such
investigation of a United States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution.
(2) An investigation conducted under this section shall
(A) be conducted under guidelines approved by the Attorney
General under Executive Order 12333 (or a successor order); and
(B) not be conducted of a United States person solely upon the
basis of activities protected by the first amendment to the
Constitution of the United States.
(3) In the case of an application for an order requiring the production of
library circulation records, library patron lists, book sales records, book
customer lists, firearms sales records, tax return records, educational
records, or medical records containing information that would identify a
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
person, the Director of the Federal Bureau of Investigation may delegate
the authority to make such application to either the Deputy Director of
the Federal Bureau of Investigation or the Executive Assistant Director
for National Security (or any successor position). The Deputy Director or
the Executive Assistant Director may not further delegate such authority.
(b) Each application under this section
(1) shall be made to—
(A) a judge of the court established by section 103(a) of this Act;
or
(B) a United States Magistrate Judge under chapter 43 of Title
28, who is publicly designated by the Chief Justice of the United
States to have the power to hear applications and grant orders for
the production of tangible things under this section on behalf of a
judge of that court; and
(2) shall include—
(A) a statement of facts showing that there are reasonable
grounds to believe that the tangible things sought are relevant to
an authorized investigation (other than a threat assessment)
conducted in accordance with subsection (a)(2) of this section to
obtain foreign intelligence information not concerning a United
States person or to protect against international terrorism or
clandestine intelligence activities, such things being
presumptively relevant to an authorized investigation if the
applicant shows in the statement of the facts that they pertain
to—
(i) a foreign power or an agent of a foreign power;
(ii) the activities of a suspected agent of a foreign power
who is the subject of such authorized investigation; or
(iii) an individual in contact with, or known to, a
suspected agent of a foreign power who is the subject of
such authorized investigation; and
(B) an enumeration of the minimization procedures adopted by
the Attorney General under subsection (g) of this section that are
applicable to the retention and dissemination by the Federal
Bureau of Investigation of any tangible things to be made
available to the Federal Bureau of Investigation based on the
order requested in such application.
(c)(1) Upon an application made pursuant to this section, if the judge finds that
the application meets the requirements of subsections (a) and (b) of this section,
the judge shall enter an ex parte order as requested, or as modified, approving the
release of tangible things. Such order shall direct that minimization procedures
adopted pursuant to subsection (g) of this section be followed.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(2) An order under this subsection—
(A) shall describe the tangible things that are ordered to be
produced with sufficient particularity to permit them to be fairly
identified;
(B) shall include the date on which the tangible things must be
provided, which shall allow a reasonable period of time within
which the tangible things can be assembled and made available;
(C) shall provide clear and conspicuous notice of the principles
and procedures described in subsection (d) of this section;
(D) may only require the production of a tangible thing if such
thing can be obtained with a subpoena duces tecum issued by a
court of the United States in aid of a grand jury investigation or
with any other order issued by a court of the United States
directing the production of records or tangible things; and
(E) shall not disclose that such order is issued for purposes of an
investigation described in subsection (a) of this section.
(d)(1) No person shall disclose to any other person that the Federal bureau of
investigation has sought or obtained tangible things pursuant to an order under
this section, other than to
(A) those persons to whom disclosure is necessary to comply
with such order;
(B) an attorney to obtain legal advice or assistance with respect
to the production of things in response to the order; or
(C) other persons as permitted by the Director of the Federal
Bureau of Investigation or the designee of the Director.
(2)(A) A person to whom disclosure is made pursuant to paragraph (1)
shall be subject to the nondisclosure requirements applicable to a person
to whom an order is directed under this section in the same manner as
such person.
(B) Any person who discloses to a person described in
subparagraph (A), (B), or (C) of paragraph (1) that the Federal
Bureau of Investigation has sought or obtained tangible things
pursuant to an order under this section shall notify such person
of the nondisclosure requirements of this subsection.
(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making
or intending to make a disclosure under subparagraph (A) or (C)
of paragraph (1) shall identify to the Director or such designee
the person to whom such disclosure will be made or to whom
such disclosure was made prior to the request.
(e) A person who, in good faith, produces tangible things under an order pursuant
to this section shall not be liable to any other person for such production. Such
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production shall not be deemed to constitute a waiver of any privilege in any
other proceeding or context.
(f)(1) In this subsection—
(A) the term “production order” means an order to produce any
tangible thing under this section; and
(B) the term “nondisclosure order” means an order imposed
under subsection (d) of this section.
(2)(A)(i) A person receiving a production order may challenge the
legality of that order by filing a petition with the pool established by
section 103(e)(1) of this Act. Not less than 1 year after the date of the
issuance of the production order, the recipient of a production order may
challenge the nondisclosure order imposed in connection with such
production order by filing a petition to modify or set aside such
nondisclosure order, consistent with the requirements of subparagraph
(C), with the pool established by 103(e)(1) of this Act.
(ii) The presiding judge shall immediately assign a
petition under clause (i) to 1 of the judges serving in the
pool established by 103(e)(1) of this Act. Not later than
72 hours after the assignment of such petition, the
assigned judge shall conduct an initial review of the
petition. If the assigned judge determines that the
petition is frivolous, the assigned judge shall
immediately deny the petition and affirm the production
order or nondisclosure order. If the assigned judge
determines the petition is not frivolous, the assigned
judge shall promptly consider the petition in accordance
with the procedures established under 103(e)(2) of this
Act.
(iii) The assigned judge shall promptly provide a written
statement for the record of the reasons for any
determination under this subsection. Upon the request of
the Government, any order setting aside a nondisclosure
order shall be stayed pending review pursuant to
paragraph (3).
(B) A judge considering a petition to modify or set aside a
production order may grant such petition only if the judge finds
that such order does not meet the requirements of this section or
is otherwise unlawful. If the judge does not modify or set aside
the production order, the judge shall immediately affirm such
order, and order the recipient to comply therewith.
(C)(i) A judge considering a petition to modify or set aside a
nondisclosure order may grant such petition only if the judge
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
finds that there is no reason to believe that disclosure may
endanger the national security of the United States, interfere with
a criminal, counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the life or
physical safety of any person.
(ii) If, upon filing of such a petition, the Attorney
General, Deputy Attorney General, an Assistant
Attorney General, or the Director of the Federal Bureau
of Investigation certifies that disclosure may endanger
the national security of the United States or interfere
with diplomatic relations, such certification shall be
treated as conclusive, unless the judge finds that the
certification was made in bad faith.
(iii) If the judge denies a petition to modify or set aside a
nondisclosure order, the recipient of such order shall be
precluded for a period of 1 year from filing another such
petition with respect to such nondisclosure order.
(D) Any production or nondisclosure order not explicitly
modified or set aside consistent with this subsection shall remain
in full effect.
(3) A petition for review of a decision under paragraph (2) to affirm,
modify, or set aside an order by the Government or any person receiving
such order shall be made to the court of review established under 103(b)
of this Act, which shall have jurisdiction to consider such petitions. The
court of review shall provide for the record a written statement of the
reasons for its decision and, on petition by the Government or any person
receiving such order for writ of certiorari, the record shall be transmitted
under seal to the Supreme Court of the United States, which shall have
jurisdiction to review such decision.
(4) Judicial proceedings under this subsection shall be concluded as
expeditiously as possible. The record of proceedings, including petitions
filed, orders granted, and statements of reasons for decision, shall be
maintained under security measures established by the Chief Justice of
the United States, in consultation with the Attorney General and the
Director of National Intelligence.
(5) All petitions under this subsection shall be filed under seal. In any
proceedings under this subsection, the court shall, upon request of the
Government, review ex parte and in camera any Government
submission, or portions thereof, which may include classified
information.

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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(g) MINIMIZATION PROCEDURES.
(1) IN GENERAL.—Not later than 180 days after March 9, 2006, the
Attorney General shall adopt specific minimization procedures
governing the retention and dissemination by the Federal Bureau of
Investigation of any tangible things, or information therein, received by
the Federal Bureau of Investigation in response to an order under this
subchapter.
(2) DEFINED.—In this section, the term “minimization procedures”
means—
(A) specific procedures that are reasonably designed in light of
the purpose and technique of an order for the production of
tangible things, to minimize the retention, and prohibit the
dissemination, of nonpublicly available information concerning
unconsenting United States persons consistent with the need of
the United States to obtain, produce, and disseminate foreign
intelligence information;
(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information, as
defined in 103(e)(1) of this Act, shall not be disseminated in a
manner that identifies any United States person, without such
person’s consent, unless such person’s identity is necessary to
understand foreign intelligence information or assess its
importance; and
(C) notwithstanding subparagraphs (A) and (B), procedures that
allow for the retention and dissemination of information that is
evidence of a crime which has been, is being, or is about to be
committed and that is to be retained or disseminated for law
enforcement purposes.
(h) USE OF INFORMATION.—Information acquired from tangible things received
by the Federal Bureau of Investigation in response to an order under this
subchapter concerning any United States person may be used and disclosed by
Federal officers and employees without the consent of the United States person
only in accordance with the minimization procedures adopted pursuant to
subsection (g) of this section. No otherwise privileged information acquired from
tangible things received by the Federal Bureau of Investigation in accordance
with the provisions of this subchapter shall lose its privileged character. No
information acquired from tangible things received by the Federal Bureau of
Investigation in response to an order under this subchapter may be used or
disclosed by Federal officers or employees except for lawful purposes.

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CONGRESSIONAL OVERSIGHT
SEC. 502. [50 U.S.C. §1862]
(a) On an annual basis, the Attorney General shall fully inform the Permanent
Select Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence and the Committee on the Judiciary of the Senate
concerning all requests for the production of tangible things under section 501 of
this Act.
(b) In April of each year, the Attorney General shall submit to the House and
Senate Committees on the Judiciary and the House Permanent Select Committee
on Intelligence and the Senate Select Committee on Intelligence a report setting
forth with respect to the preceding calendar year—
(1) the total number of applications made for orders approving requests
for the production of tangible things under section 501 of this Act;
(2) the total number of such orders either granted, modified, or denied;
and
(3) the number of such orders either granted, modified, or denied for the
production of each of the following:
(A) Library circulation records, library patron lists, book sales
records, or book customer lists.
(B) Firearms sales records.
(C) Tax return records.
(D) Educational records.
(E) Medical records containing information that would identify a
person.
(c)(1) In April of each year, the Attorney General shall submit to Congress a
report setting forth with respect to the preceding year—
(A) the total number of applications made for orders approving
requests for the production of tangible things under section 501
of this Act; and
(B) the total number of such orders either granted, modified, or
denied.
(2) Each report under this subsection shall be submitted in unclassified
form.
TITLE VI—REPORTING REQUIREMENT
SEMIANNUAL REPORT OF THE ATTORNEY GENERAL
SEC. 601.
(a) REPORT.—On a semiannual basis, the Attorney General shall submit to the
Permanent Select Committee on Intelligence of the House of Representatives, the
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Select Committee on Intelligence of the Senate, and the Committees on the
Judiciary of the House of Representatives and the Senate, in a manner consistent
with the protection of the national security, a report setting forth with respect to
the preceding 6-month period—
(1) the aggregate number of persons targeted for orders issued under this
Act, including a breakdown of those targeted for—
(A) electronic surveillance under section 105;
(B) physical searches under section 304;
(C) pen registers under section 402; and
(D) access to records under section 501;
(2) the number of individuals covered by an order issued pursuant to
section 101(b)(1)(C);
(3) the number of times that the Attorney General has authorized that
information obtained under this Act may be used in a criminal
proceeding or any information derived therefrom may be used in a
criminal proceeding;
(4) a summary of significant legal interpretations of this Act involving
matters before the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review, including interpretations
presented in applications or pleadings filed with the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance Court of
Review by the Department of Justice; and
(5) copies of all decisions (not including orders) or opinions of the
Foreign Intelligence Surveillance Court or Foreign Intelligence
Surveillance Court of Review that include significant construction or
interpretation of the provisions of this Act.
(b) FREQUENCY.—The first report under this section shall be submitted not later
than 6 months after the date of enactment of this section. Subsequent reports
under this section shall be submitted semi-annually thereafter.
TITLE VII—EFFECTIVE DATE
EFFECTIVE DATE
SEC. 601. [50 U.S.C. §1801 note] The provisions of this Act (other than titles III,
IV, and V) and the amendments made hereby shall become effective upon the
date of enactment of this Act, except that any electronic surveillance approved by
the Attorney General to gather foreign intelligence information shall not be
deemed unlawful for failure to follow the procedures of this Act, if that
surveillance is terminated or an order approving that surveillance is obtained
under title I of this Act within ninety days following the designation of the first
judge pursuant to section 103 of this Act.
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PROTECT AMERICA ACT OF 2007
(Public Law 110-55 of August 5, 2007; 121 STAT. 552)

To amend the Foreign Intelligence Surveillance Act of 1978 to provide additional
procedures for authorizing certain acquisitions of foreign intelligence information
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SHORT TITLE
SECTION 1.
This Act may be cited as the “Protect America Act of 2007”.
ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN
ACQUISITIONS OF FOREIGN INTELLIGENCE INFORMATION
SEC. 2.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) is
amended by inserting after section 105 the following:
“CLARIFICATION OF ELECTRONIC SURVEILLANCE OF
PERSONS OUTSIDE THE UNITED STATES
“SEC. 105A.
Nothing in the definition of electronic surveillance under section 101(f) shall be
construed to encompass surveillance directed at a person reasonably believed to
be located outside of the United States.
ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS
CONCERNING PERSONS LOCATED OUTSIDE THE UNITED STATES
“SEC. 105B.
(a) Notwithstanding any other law, the Director of National Intelligence and the
Attorney General, may for periods of up to one year authorize the acquisition of
foreign intelligence information concerning persons reasonably believed to be
outside the United States if the Director of National Intelligence and the Attorney
General determine, based on the information provided to them, that—
“(1) there are reasonable procedures in place for determining that the
acquisition of foreign intelligence information under this section
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
concerns persons reasonably believed to be located outside the United
States, and such procedures will be subject to review of the Court
pursuant to section 105C of this Act;
“(2) the acquisition does not constitute electronic surveillance;
“(3) the acquisition involves obtaining the foreign intelligence
information from or with the assistance of a communications service
provider, custodian, or other person (including any officer, employee,
agent, or other specified person of such service provider, custodian, or
other person) who has access to communications, either as they are
transmitted or while they are stored, or equipment that is being or may be
used to transmit or store such communications;
“(4) a significant purpose of the acquisition is to obtain foreign
intelligence information; and
“(5) the minimization procedures to be used with respect to such
acquisition activity meet the definition of minimization procedures under
section 101(h).
“This determination shall be in the form of a written certification, under oath,
supported as appropriate by affidavit of appropriate officials in the national
security field occupying positions appointed by the President, by and with the
consent of the Senate, or the Head of any Agency of the Intelligence Community,
unless immediate action by the Government is required and time does not permit
the preparation of a certification. In such a case, the determination of the Director
of National Intelligence and the Attorney General shall be reduced to a
certification as soon as possible but in no event more than 72 hours after the
determination is made.
“(b) A certification under subsection (a) is not required to identify the specific
facilities, places, premises, or property at which the acquisition of foreign
intelligence information will be directed.
“(c) The Attorney General shall transmit as soon as practicable under seal to the
court established under section 103(a) a copy of a certification made under
subsection (a). Such certification shall be maintained under security measures
established by the Chief Justice of the United States and the Attorney General, in
consultation with the Director of National Intelligence, and shall remain sealed
unless the certification is necessary to determine the legality of the acquisition
under section 105B.
“(d) An acquisition under this section may be conducted only in accordance with
the certification of the Director of National Intelligence and the Attorney
General, or their oral instructions if time does not permit the preparation of a
certification, and the minimization procedures adopted by the Attorney General.
The Director of National Intelligence and the Attorney General shall assess
compliance with such procedures and shall report such assessments to the
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Permanent Select Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate under section 108(a).
“(e) With respect to an authorization of an acquisition under section 105B, the
Director of National Intelligence and Attorney General may direct a person to—
“(1) immediately provide the Government with all information, facilities,
and assistance necessary to accomplish the acquisition in such a manner
as will protect the secrecy of the acquisition and produce a minimum of
interference with the services that such person is providing to the target;
and
“(2) maintain under security procedures approved by the Attorney
General and the Director of National Intelligence any records concerning
the acquisition or the aid furnished that such person wishes to maintain.
“(f) The Government shall compensate, at the prevailing rate, a person for
providing information, facilities, or assistance pursuant to subsection (e).
“(g) In the case of a failure to comply with a directive issued pursuant to
subsection (e), the Attorney General may invoke the aid of the court established
under section 103(a) to compel compliance with the directive. The court shall
issue an order requiring the person to comply with the directive if it finds that the
directive was issued in accordance with subsection (e) and is otherwise lawful.
Failure to obey an order of the court may be punished by the court as contempt of
court. Any process under this section may be served in any judicial district in
which the person may be found.
“(h)(1)(A) A person receiving a directive issued pursuant to subsection (e) may
challenge the legality of that directive by filing a petition with the pool
established under section 103(e)(1).
“(B) The presiding judge designated pursuant to section 103(b)
shall assign a petition filed under subparagraph (A) to one of the
judges serving in the pool established by section 103(e)(1). Not
later than 48 hours after the assignment of such petition, the
assigned judge shall conduct an initial review of the directive. If
the assigned judge determines that the petition is frivolous, the
assigned judge shall immediately deny the petition and affirm
the directive or any part of the directive that is the subject of the
petition. If the assigned judge determines the petition is not
frivolous, the assigned judge shall, within 72 hours, consider the
petition in accordance with the procedures established under
section 103(e)(2) and provide a written statement for the record
of the reasons for any determination under this subsection.
“(2) A judge considering a petition to modify or set aside a directive may
grant such petition only if the judge finds that such directive does not
meet the requirements of this section or is otherwise unlawful. If the
judge does not modify or set aside the directive, the judge shall
349

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
immediately affirm such directive, and order the recipient to comply with
such directive.
“(3) Any directive not explicitly modified or set aside under this
subsection shall remain in full effect.
“(i) The Government or a person receiving a directive reviewed pursuant to
subsection (h) may file a petition with the Court of Review established under
section 103(b) for review of the decision issued pursuant to subsection (h) not
later than 7 days after the issuance of such decision. Such court of review shall
have jurisdiction to consider such petitions and shall provide for the record a
written statement of the reasons for its decision. On petition for a writ of
certiorari by the Government or any person receiving such directive, the record
shall be transmitted under seal to the Supreme Court, which shall have
jurisdiction to review such decision.
“(j) Judicial proceedings under this section shall be concluded as expeditiously as
possible. The record of proceedings, including petitions filed, orders granted, and
statements of reasons for decision, shall be maintained under security measures
established by the Chief Justice of the United States, in consultation with the
Attorney General and the Director of National Intelligence.
“(k) All petitions under this section shall be filed under seal. In any proceedings
under this section, the court shall, upon request of the Government, review ex
parte and in camera any Government submission, or portions of a submission,
which may include classified information.
“(l) Notwithstanding any other law, no cause of action shall lie in any court
against any person for providing any information, facilities, or assistance in
accordance with a directive under this section.
“(m) A directive made or an order granted under this section shall be retained for
a period of not less than 10 years from the date on which such directive or such
order is made.”.
SUBMISSION TO COURT REVIEW AND ASSESSMENT OF PROCEDURES
SEC. 3.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) is
amended by inserting after section 105B the following:
“SUBMISSION TO COURT REVIEW OF PROCEDURES
“SEC. 105C. (a) No later than 120 days after the effective date of this Act, the
Attorney General shall submit to the Court established under section 103(a), the
procedures by which the Government determines that acquisitions conducted
pursuant to section 105B do not constitute electronic surveillance. The
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
procedures submitted pursuant to this section shall be updated and submitted to
the Court on an annual basis.
“(b) No later than 180 days after the effective date of this Act, the court
established under section 103(a) shall assess the Government’s determination
under section 105B(a)(1) that those procedures are reasonably designed to ensure
that acquisitions conducted pursuant to section 105B do not constitute electronic
surveillance. The court’s review shall be limited to whether the Government’s
determination is clearly erroneous.
“(c) If the court concludes that the determination is not clearly erroneous, it shall
enter an order approving the continued use of such procedures. If the court
concludes that the determination is clearly erroneous, it shall issue an order
directing the Government to submit new procedures within 30 days or cease any
acquisitions under section 105B that are implicated by the court’s order.
“(d) The Government may appeal any order issued under subsection (c) to the
court established under section 103(b). If such court determines that the order
was properly entered, the court shall immediately provide for the record a written
statement of each reason for its decision, and, on petition of the United States for
a writ of certiorari, the record shall be transmitted under seal to the Supreme
Court of the United States, which shall have jurisdiction to review such decision.
Any acquisitions affected by the order issued under subsection (c) of this section
may continue during the pendency of any appeal, the period during which a
petition for writ of certiorari may be pending, and any review by the Supreme
Court of the United States”‘.
REPORTING TO CONGRESS
SEC. 4.
On a semi-annual basis the Attorney General shall inform the Select Committee
on Intelligence of the Senate, the Permanent Select Committee on Intelligence of
the House of Representatives, the Committee on the Judiciary of the Senate, and
the Committee on the Judiciary of the House of Representatives, concerning
acquisitions under this section during the previous 6-month period. Each report
made under this section shall include—
(1) a description of any incidents of non-compliance with a directive
issued by the Attorney General and the Director of National Intelligence
under section 105B, to include—
(A) incidents of non-compliance by an element of the
Intelligence Community with guidelines or procedures
established for determining that the acquisition of foreign
intelligence authorized by the Attorney General and Director of
National Intelligence concerns persons reasonably to be outside
the United States; and
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
(B) incidents of noncompliance by a specified person to whom
the Attorney General and Director of National Intelligence issue
a directive under this section; and
(2) the number of certifications and directives issued during the reporting
period.
TECHNICAL AMENDMENT AND CONFORMING AMENDMENTS
SEC. 5.
(a) IN GENERAL.—Section 103(e) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. §1803(e)) is amended—
(1) in paragraph (1), by striking “501(f)(1)” and inserting “105B(h) or
501(f)(1)”; and
(2) in paragraph (2), by striking “501(f)(1)” and inserting “105B(h) or
501(f)(1)”.
(b) TABLE OF CONTENTS.—The table of contents in the first section of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) is
amended by inserting after the item relating to section 105 the following:
“105A.
Clarification of electronic surveillance of persons outside the
United States.
“105B.
Additional procedure for authorizing certain acquisitions
concerning persons located outside the United States.
“105C.
Submission to court review of procedures.”.
EFFECTIVE DATE; TRANSITION PROCEDURES
SEC. 6.
(a) EFFECTIVE DATE.—Except as otherwise provided, the amendments made by
this Act shall take effect immediately after the date of the enactment of this Act.
(b) TRANSITION PROCEDURES.—Notwithstanding any other provision of this Act,
any order in effect on the date of enactment of this Act issued pursuant to the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) shall
remain in effect until the date of expiration of such order, and, at the request of
the applicant, the court established under section 103(a) of such Act (50 U.S.C.
§1803(a)) shall reauthorize such order as long as the facts and circumstances
continue to justify issuance of such order under the provisions of the Foreign
Intelligence Surveillance Act of 1978, as in effect on the day before the
applicable effective date of this Act. The Government also may file new
applications, and the court established under section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. §1803(a)) shall enter orders
granting such applications pursuant to such Act, as long as the application meets
352

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
the requirements set forth under the provisions of such Act as in effect on the day
before the effective date of this Act. At the request of the applicant, the court
established under section 103(a) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. §1803(a)), shall extinguish any extant authorization to conduct
electronic surveillance or physical search entered pursuant to such Act. Any
surveillance conducted pursuant to an order entered under this subsection shall be
subject to the provisions of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. §1801 et seq.), as in effect on the day before the effective date of this Act.
(c) SUNSET.—Except as provided in subsection (d), sections 2, 3, 4, and 5 of this
Act, and the amendments made by this Act, shall cease to have effect 180 days
after the date of the enactment of this Act.
(d) AUTHORIZATIONS IN EFFECT.—Authorizations for the acquisition of foreign
intelligence information pursuant to the amendments made by this Act, and
directives issued pursuant to such authorizations, shall remain in effect until their
expiration. Such acquisitions shall be governed by the applicable provisions of
such amendments and shall not be deemed to constitute electronic surveillance as
that term is defined in section 101(f) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. §1801(f)).

353

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

354

USA PATRIOT ACT OF 2001
UNITING AND STRENGTHENING AMERICA BY PROVIDING
APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND
OBSTRUCT TERRORISM (USA PATRIOT) ACT OF 2001
(Public Law 107-56 of October 26, 2001; 115 STAT. 252)

An Act To deter and punish terrorist acts in the United States and around the
world, to enhance law enforcement investigatory tools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE AND TABLE OF CONTENTS
SECTION 1.
(a) SHORT TITLE.—This Act may be cited as the “Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA Patriot Act) Act of 2001”.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
SEC. 1.
SEC. 2.
SEC. 101.
SEC. 102.
SEC. 103.
SEC. 104.
SEC. 105.
SEC. 106.
SEC. 201.
SEC. 202.
SEC. 203.
SEC. 204.
SEC. 205.

Short title and table of contents.
Construction; severability.
TITLE I—ENHANCED DOMESTIC SECURITY AGAINST TERRORISM
Counterterrorism fund.
Sense of Congress condemning discrimination against Arab and
Muslim Americans.
Increased funding for the technical support center at the Federal Bureau
of Investigation.
Requests for military assistance to enforce prohibition in certain
emergencies.
Expansion of National Electronic Crime Task Force Initiative.
Presidential authority.
TITLE II—ENHANCED SURVEILLANCE PROCEDURES
Authority to intercept wire, oral, and electronic communications
relating to terrorism.
Authority to intercept wire, oral, and electronic communications
relating to computer fraud and abuse offenses.
Authority to share criminal investigative information.
Clarification of intelligence exceptions from limitations on interception
and disclosure of wire, oral, and electronic communications.
Employment of translators by the Federal Bureau of Investigation.

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USA PATRIOT ACT OF 2001
SEC. 206.
SEC. 207.
SEC. 208.
SEC. 209.
SEC. 210.
SEC. 211.
SEC. 212.
SEC. 213.
SEC. 214.
SEC. 215.
SEC. 216.
SEC. 217.
SEC. 218.
SEC. 219.
SEC. 220.
SEC. 221.
SEC. 222.
SEC. 223.
SEC. 224.
SEC. 225.

SEC. 301.
SEC. 302.
SEC. 303.

Roving surveillance authority under the Foreign Intelligence
Surveillance Act of 1978.
Duration of FISA surveillance of non-United States persons who are
agents of a foreign power.
Designation of judges.
Seizure of voice-mail messages pursuant to warrants.
Scope of subpoenas for records of electronic communications.
Clarification of scope.
Emergency disclosure of electronic communications to protect life and
limb.
Authority for delaying notice of the execution of a warrant.
Pen register and trap and trace authority under FISA.
Access to records and other items under the Foreign Intelligence
Surveillance Act.
Modification of authorities relating to use of pen registers and trap and
trace devices.
Interception of computer trespasser communications.
Foreign intelligence information.
Single-jurisdiction search warrants for terrorism.
Nationwide service of search warrants for electronic evidence.
Trade sanctions.
Assistance to law enforcement agencies.
Civil liability for certain unauthorized disclosures.
Sunset.
Immunity for compliance with FISA wiretap.
TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT
AND ANTI-TERRORIST FINANCING ACT OF 2001
Short title.
Findings and purposes.
4-year congressional review; expedited consideration.

SUBTITLE A—INTERNATIONAL COUNTER MONEY LAUNDERING AND RELATED MEASURES
Special measures for jurisdictions, financial institutions, or
SEC. 311.
international transactions of primary money laundering concern.
Special due diligence for correspondent accounts and private banking
SEC. 312.
accounts.
Prohibition on United States correspondent accounts with foreign shell
SEC. 313.
banks.
Cooperative efforts to deter money laundering.
SEC. 314.
Inclusion of foreign corruption offenses as money laundering crimes.
SEC. 315.
Anti-terrorist forfeiture protection.
SEC. 316.
Long-arm jurisdiction over foreign money launderers.
SEC. 317.
Laundering money through a foreign bank.
SEC. 318.
Forfeiture of funds in United States interbank accounts.
SEC. 319.
Proceeds of foreign crimes.
SEC. 320.

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USA PATRIOT ACT OF 2001
SEC. 321.
SEC. 322.
SEC. 323.
SEC. 324.
SEC. 325.
SEC. 326.
SEC. 327.
SEC. 328.
SEC. 329.
SEC. 330.

Financial institutions specified in subchapter II of chapter 53 of title 31,
United States code.
Corporation represented by a fugitive.
Enforcement of foreign judgments.
Report and recommendation.
Concentration accounts at financial institutions.
Verification of identification.
Consideration of anti-money laundering record.
International cooperation on identification of originators of wire
transfers.
Criminal penalties.
International cooperation in investigations of money laundering,
financial crimes, and the finances of terrorist groups.

SUBTITLE B—BANK SECRECY ACT AMENDMENTS AND RELATED IMPROVEMENTS
Amendments relating to reporting of suspicious activities.
SEC. 351.
Anti-money laundering programs.
SEC. 352.
Penalties for violations of geographic targeting orders and certain
SEC. 353.
recordkeeping requirements, and lengthening effective period of
geographic targeting orders.
Anti-money laundering strategy.
SEC. 354.
Authorization to include suspicions of illegal activity in written
SEC. 355.
employment references.
Reporting of suspicious activities by securities brokers and dealers;
SEC. 356.
investment company study.
Special report on administration of bank secrecy provisions.
SEC. 357.
Bank secrecy provisions and activities of United States intelligence
SEC. 358.
agencies to fight international terrorism.
Reporting of suspicious activities by underground banking systems.
SEC. 359.
Use of authority of United States Executive Directors.
SEC. 360.
Financial crimes enforcement network.
SEC. 361.
Establishment of highly secure network.
SEC. 362.
Increase in civil and criminal penalties for money laundering.
SEC. 363.
Uniform protection authority for Federal Reserve facilities.
SEC. 364.
Reports relating to coins and currency received in non-financial trade
SEC. 365.
or business.
Efficient use of currency transaction report system.
SEC. 366.
SEC. 371.
SEC. 372.
SEC. 373.
SEC. 374.
SEC. 375.
SEC. 376.
SEC. 377.

SUBTITLE C—CURRENCY CRIMES AND PROTECTION
Bulk cash smuggling into or out of the United States.
Forfeiture in currency reporting cases.
Illegal money transmitting businesses.
Counterfeiting domestic currency and obligations.
Counterfeiting foreign currency and obligations.
Laundering the proceeds of terrorism.
Extraterritorial jurisdiction.

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USA PATRIOT ACT OF 2001
TITLE IV—PROTECTING THE BORDER
SEC. 401.
SEC. 402.
SEC. 403.
SEC. 404.
SEC. 405.

SEC. 411.
SEC. 412.
SEC. 413.
SEC. 414.
SEC. 415.
SEC. 416.
SEC. 417.
SEC. 418.

SUBTITLE A—PROTECTING THE NORTHERN BORDER
Ensuring adequate personnel on the northern border.
Northern border personnel.
Access by the Department of State and the INS to certain identifying
information in the criminal history records of visa applicants and
applicants for admission to the United States.
Limited authority to pay overtime.
Report on the integrated automated fingerprint identification system for
ports of entry and overseas consular posts.
SUBTITLE B—ENHANCED IMMIGRATION PROVISIONS
Definitions relating to terrorism.
Mandatory detention of suspected terrorists; habeas corpus; judicial
review.
Multilateral cooperation against terrorists.
Visa integrity and security.
Participation of Office of Homeland Security on Entry-Exit Task Force.
Foreign student monitoring program.
Machine readable passports.
Prevention of consulate shopping.

SUBTITLE C—PRESERVATION OF IMMIGRATION BENEFITS FOR VICTIMS OF TERRORISM
Special immigrant status.
SEC. 421.
Extension of filing or reentry deadlines.
SEC. 422.
Humanitarian relief for certain surviving spouses and children.
SEC. 423.
“Age-out” protection for children.
SEC. 424.
Temporary administrative relief.
SEC. 425.
Evidence of death, disability, or loss of employment.
SEC. 426.
No benefits to terrorists or family members of terrorists.
SEC. 427.
Definitions.
SEC. 428.
SEC. 501.
SEC. 502.
SEC. 503.
SEC. 504.
SEC. 505.
SEC. 506.
SEC. 507.
SEC. 508.

TITLE V—REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Attorney General’s authority to pay rewards to combat terrorism.
Secretary of State’s authority to pay rewards.
DNA identification of terrorists and other violent offenders.
Coordination with law enforcement.
Miscellaneous national security authorities.
Extension of Secret Service jurisdiction.
Disclosure of educational records.
Disclosure of information from NCES surveys.

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USA PATRIOT ACT OF 2001
TITLE VI—PROVIDING FOR VICTIMS OF TERRORISM,
PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
SEC. 611.
SEC. 612.
SEC. 613.
SEC. 614.
SEC. 621.
SEC. 622.
SEC. 623.
SEC. 624.

SEC. 701.

SUBTITLE A—AID TO FAMILIES OF PUBLIC SAFETY OFFICERS
Expedited payment for public safety officers involved in the
prevention, investigation, rescue, or recovery efforts related to a
terrorist attack.
Technical correction with respect to expedited payments for heroic
public safety officers.
Public safety officers benefit program payment increase.
Office of Justice programs.
SUBTITLE B—AMENDMENTS TO THE VICTIMS OF CRIME ACT OF 1984
Crime victims fund.
Crime victim compensation.
Crime victim assistance.
Victims of terrorism.
TITLE VII—INCREASED INFORMATION SHARING FOR
CRITICAL INFRASTRUCTURE PROTECTION
Expansion of regional information sharing system to facilitate FederalState-local law enforcement response related to terrorist attacks.

TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Terrorist attacks and other acts of violence against mass transportation
SEC. 801.
systems.
Definition of domestic terrorism.
SEC. 802.
Prohibition against harboring terrorists.
SEC. 803.
Jurisdiction over crimes committed at U.S. facilities abroad.
SEC. 804.
Material support for terrorism.
SEC. 805.
Assets of terrorist organizations.
SEC. 806.
Technical clarification relating to provision of material support to
SEC. 807.
terrorism.
Definition of Federal crime of terrorism.
SEC. 808.
No statute of limitation for certain terrorism offenses.
SEC. 809.
Alternate maximum penalties for terrorism offenses.
SEC. 810.
Penalties for terrorist conspiracies.
SEC. 811.
Post-release supervision of terrorists.
SEC. 812.
Inclusion of acts of terrorism as racketeering activity.
SEC. 813.
Deterrence and prevention of cyberterrorism.
SEC. 814.
Additional defense to civil actions relating to preserving records in
SEC. 815.
response to Government requests.
Development and support of cybersecurity forensic capabilities.
SEC. 816.
Expansion of the biological weapons statute.
SEC. 817.

359

USA PATRIOT ACT OF 2001
SEC. 901.
SEC. 902.
SEC. 903.
SEC. 904.
SEC. 905.
SEC. 906.
SEC. 907.
SEC. 908.

SEC. 1001.
SEC. 1002.
SEC. 1003.
SEC. 1004.
SEC. 1005.
SEC. 1006.
SEC. 1007.
SEC. 1008.
SEC. 1009.
SEC. 1010.
SEC. 1011.
SEC. 1012.
SEC. 1013.
SEC. 1014.
SEC. 1015.
SEC. 1016.

TITLE IX—IMPROVED INTELLIGENCE
Responsibilities of Director of Central Intelligence regarding foreign
intelligence collected under Foreign Intelligence Surveillance Act of
1978.
Inclusion of international terrorist activities within scope of foreign
intelligence under National Security Act of 1947.
Sense of Congress on the establishment and maintenance of
intelligence relationships to acquire information on terrorists and
terrorist organizations.
Temporary authority to defer submittal to Congress of reports on
intelligence and intelligence-related matters.
Disclosure to Director of Central Intelligence of foreign intelligencerelated information with respect to criminal investigations.
Foreign terrorist asset tracking center.
National Virtual Translation Center.
Training of government officials regarding identification and use of
foreign intelligence.
TITLE X—MISCELLANEOUS
Review of the department of justice.
Sense of congress.
Definition of “electronic surveillance”.
Venue in money laundering cases.
First responders assistance act.
Inadmissibility of aliens engaged in money laundering.
Authorization of funds for DEA police training in south and central
Asia.
Feasibility study on use of biometric identifier scanning system with
access to the FBI integrated automated fingerprint identification system
at overseas consular posts and points of entry to the United States.
Study of access.
Temporary authority to contract with local and State governments for
performance of security functions at United States military
installations.
Crimes against charitable Americans.
Limitation on issuance of hazmat licenses.
Expressing the sense of the senate concerning the provision of funding
for bioterrorism preparedness and response.
Grant program for State and local domestic preparedness support.
Expansion and reauthorization of the crime identification technology
act for antiterrorism grants to States and localities.
Critical infrastructures protection.

360

USA PATRIOT ACT OF 2001
TITLE II – ENHANCED SURVEILLANCE PROCEDURES
AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO TERRORISM
SEC. 201.
Section 2516(1) of title 18, United States Code, is amended—
(1) by redesignating paragraph (p), as so redesignated by section 434(2)
of the Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132; 110 Stat. 1274), as paragraph (r); and
(2) by inserting after paragraph (p), as so redesignated by section 201(3)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208; 110 Stat. 3009-565), the
following new paragraph:
“(q) any criminal violation of section 229 (relating to chemical weapons); or
sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to
terrorism); or”.
AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE OFFENSES
SEC. 202.
Section 2516(1)(c) of title 18, United States Code, is amended by striking “and
section 1341 (relating to mail fraud),” and inserting “section 1341 (relating to
mail fraud), a felony violation of section 1030 (relating to computer fraud and
abuse),”.
AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION
SEC. 203.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.—
(1) IN GENERAL.—Rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure is amended to read as follows:
“(C)(i) Disclosure otherwise prohibited by this rule of matters
occurring before the grand jury may also be made—
“(I) when so directed by a court preliminarily to
or in connection with a judicial proceeding;
“(II) when permitted by a court at the request of
the defendant, upon a showing that grounds may
exist for a motion to dismiss the indictment
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USA PATRIOT ACT OF 2001
because of matters occurring before the grand
jury;
“(III) when the disclosure is made by an attorney
for the government to another Federal grand
jury;
“(IV) when permitted by a court at the request of
an attorney for the government, upon a showing
that such matters may disclose a violation of
State criminal law, to an appropriate official of a
State or subdivision of a State for the purpose of
enforcing such law; or
“(V) when the matters involve foreign
intelligence or counterintelligence (as defined in
section 3 of the National Security Act of 1947
(50 U.S.C. §401a)), or foreign intelligence
information (as defined in clause (iv) of this
subparagraph), to any Federal law enforcement,
intelligence, protective, immigration, national
defense, or national security official in order to
assist the official receiving that information in
the performance of his official duties.
“(ii) If the court orders disclosure of matters occurring
before the grand jury, the disclosure shall be made in
such manner, at such time, and under such conditions as
the court may direct.
“(iii) Any Federal official to whom information is
disclosed pursuant to clause (i)(V) of this subparagraph
may use that information only as necessary in the
conduct of that person’s official duties subject to any
limitations on the unauthorized disclosure of such
information. Within a reasonable time after such
disclosure, an attorney for the government shall file
under seal a notice with the court stating the fact that
such information was disclosed and the departments,
agencies, or entities to which the disclosure was made.
“(iv) In clause (i)(V) of this subparagraph, the term
‘foreign intelligence information’ means—
“(I) information, whether or not concerning a
United States person, that relates to the ability of
the United States to protect against—

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“(aa) actual or potential attack or other
grave hostile acts of a foreign power or
an agent of a foreign power;
“(bb) sabotage or international terrorism
by a foreign power or an agent of a
foreign power; or
“(cc) clandestine intelligence activities
by an intelligence service or network of
a foreign power or by an agent of
foreign power; or
“(II) information, whether or not concerning a
United States person, with respect to a foreign
power or foreign territory that relates to—
“(aa) the national defense or the security
of the United States; or
“(bb) the conduct of the foreign affairs
of the United States.”.
(2) CONFORMING AMENDMENT.—Rule 6(e)(3)(D) of the Federal Rules
of Criminal Procedure is amended by striking “(e)(3)(C)(i)” and inserting
“(e) (3)(C)(i)(I)”.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION
INFORMATION.—
(1) LAW ENFORCEMENT.—Section 2517 of title 18, United States Code,
is amended by inserting at the end the following:
“(6) Any investigative or law enforcement officer, or attorney for the
Government, who by any means authorized by this chapter, has obtained
knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such
contents to any other Federal law enforcement, intelligence, protective,
immigration, national defense, or national security official to the extent
that such contents include foreign intelligence or counterintelligence (as
defined in section 3 of the National Security Act of 1947 (50 U.S.C.
§401a)), or foreign intelligence information (as defined in subsection
(19) of section 2510 of this title), to assist the official who is to receive
that information in the performance of his official duties. Any Federal
official who receives information pursuant to this provision may use that
information only as necessary in the conduct of that person’s official
duties subject to any limitations on the unauthorized disclosure of such
information.”.
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(2) DEFINITION.—Section 2510 of title 18, United States Code, is
amended by—
(A) in paragraph (17), by striking “and” after the semicolon;
(B) in paragraph (18), by striking the period and inserting “;
and”; and
(C) by inserting at the end the following:
“(19) ‘foreign intelligence information’ means—
“(A) information, whether or not concerning a United States
person, that relates to the ability of the United States to protect
against—
“(i) actual or potential attack or other grave hostile acts
of a foreign power or an agent of a foreign power;
“(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
“(iii) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a
foreign power; or
“(B) information, whether or not concerning a United States
person, with respect to a foreign power or foreign territory that
relates to—
“(i) the national defense or the security of the United
States; or
“(ii) the conduct of the foreign affairs of the United
States.”.
(c) PROCEDURES.—The Attorney General shall establish procedures for the
disclosure of information pursuant to section 2517(6) and Rule 6(e)(3)(C)(i)(V)
of the Federal Rules of Criminal Procedure that identifies a United States person,
as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. §1801)).
(d) FOREIGN INTELLIGENCE INFORMATION.—
(1) IN GENERAL.—Notwithstanding any other provision of law, it shall
be lawful for foreign intelligence or counterintelligence (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C. §401a)) or
foreign intelligence information obtained as part of a criminal
investigation to be disclosed to any Federal law enforcement,
intelligence, protective, immigration, national defense, or national
security official in order to assist the official receiving that information
in the performance of his official duties. Any Federal official who
receives information pursuant to this provision may use that information
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only as necessary in the conduct of that person’s official duties subject to
any limitations on the unauthorized disclosure of such information.
(2) DEFINITION.—In this subsection, the term “foreign intelligence
information” means—
(A) information, whether or not concerning a United States
person, that relates to the ability of the United States to protect
against—
(i) actual or potential attack or other grave hostile acts of
a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a
foreign power; or
B) information, whether or not concerning a United States
person, with respect to a foreign power or foreign territory that
relates to—
(i) the national defense or the security of the United
States; or
(ii) the conduct of the foreign affairs of the United
States.
CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM
LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS
SEC. 204.
Section 2511(2)(f) of title 18, United States Code, is amended—
(1) by striking “this chapter or chapter 121” and inserting “this chapter or
chapter 121 or 206 of this title”; and
(2) by striking “wire and oral” and inserting “wire, oral, and electronic”.
EMPLOYMENT OF TRANSLATORS BY THE
FEDERAL BUREAU OF INVESTIGATION
SEC. 205.
(a) AUTHORITY.—The Director of the Federal Bureau of Investigation is
authorized to expedite the employment of personnel as translators to support
counterterrorism investigations and operations without regard to applicable
Federal personnel requirements and limitations.

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(b) SECURITY REQUIREMENT.—The Director of the Federal Bureau of
Investigation shall establish such security requirements as are necessary for the
personnel employed as translators under subsection (a).
(c) REPORT.—The Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and the Senate on—
(1) the number of translators employed by the FBI and other components
of the Department of Justice;
(2) any legal or practical impediments to using translators employed by
other Federal, State, or local agencies, on a full, part-time, or shared
basis; and
(3) the needs of the FBI for specific translation services in certain
languages, and recommendations for meeting those needs.
ROVING SURVEILLANCE AUTHORITY UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
SEC. 206.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. §1805(c)(2)(B)) is amended by inserting “, or in circumstances where the
Court finds that the actions of the target of the application may have the effect of
thwarting the identification of a specified person, such other persons,” after
“specified person”.
DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS WHO ARE AGENTS OF A FOREIGN POWER
SEC. 207.
(a) DURATION.—
(1) SURVEILLANCE.—Section 105(e)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1805(e)(1)) is amended by—
(A) inserting “(A)” after “except that”; and
(B) inserting before the period the following: “, and (B) an order
under this Act for a surveillance targeted against an agent of a
foreign power, as defined in section 101(b)(1)(A) may be for the
period specified in the application or for 120 days, whichever is
less”.
(2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1824(d)(1)) is amended by—
(A) striking “forty-five” and inserting “90”;
(B) inserting “(A)” after “except that”; and
(C) inserting before the period the following: “, and (B) an order
under this section for a physical search targeted against an agent
of a foreign power as defined in section 101(b)(1)(A) may be for
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the period specified in the application or for 120 days, whichever
is less”.
(b) EXTENSION.—
(1) IN GENERAL.—Section 105(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1805(d)(2)) is amended by—
(A) inserting “(A)” after “except that”; and
(B) inserting before the period the following: “, and (B) an
extension of an order under this Act for a surveillance targeted
against an agent of a foreign power as defined in section
101(b)(1)(A) may be for a period not to exceed 1 year”.
(2) DEFINED TERM.—Section 304(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1824(d)(2) is amended by inserting
after “not a United States person,” the following: “or against an agent of
a foreign power as defined in section 101(b)(1)(A),”.
DESIGNATION OF JUDGES
SEC. 208.
Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
§1803(a)) is amended by—
(1) striking “seven district court judges” and inserting “11 district court
judges”; and
(2) inserting “of whom no fewer than 3 shall reside within 20 miles of
the District of Columbia” after “circuits”.
SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS
SEC. 209.
Title 18, United States Code, is amended—
(1) in section 2510—
(A) in paragraph (1), by striking beginning with “and such” and
all that follows through “communication”; and
(B) in paragraph (14), by inserting “wire or” after “transmission
of”; and
(2) in subsections (a) and (b) of section 2703—
(A) by striking “CONTENTS OF ELECTRONIC” and inserting
“CONTENTS OF WIRE OR ELECTRONIC” each place it
appears;
(B) by striking “contents of an electronic” and inserting
“contents of a wire or electronic” each place it appears; and
(C) by striking “any electronic” and inserting “any wire or
electronic” each place it appears.
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SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS
SEC. 210.
Section 2703(c)(2) of title 18, United States Code, as redesignated by section
212, is amended—
(1) by striking “entity the name, address, local and long distance
telephone toll billing records, telephone number or other subscriber
number or identity, and length of service of a subscriber” and inserting
the following: “entity the—
“(A) name;
“(B) address;
“(C) local and long distance telephone connection records, or
records of session times and durations;
“(D) length of service (including start date) and types of service
utilized;
“(E) telephone or instrument number or other subscriber number
or identity, including any temporarily assigned network address;
and
“(F) means and source of payment for such service (including
any credit card or bank account number),
of a subscriber”; and
(2) by striking “and the types of services the subscriber or customer
utilized,”.
CLARIFICATION OF SCOPE
SEC. 211.
Section 631 of the Communications Act of 1934 (47 U.S.C. §551) is amended—
(1) in subsection (c)(2)—
(A) in subparagraph (B), by striking “or”;
(B) in subparagraph (C), by striking the period at the end and
inserting “; or”; and
(C) by inserting at the end the following:
“(D) to a government entity as authorized under chapters 119,
121, or 206 of title 18, United States Code, except that such
disclosure shall not include records revealing cable subscriber
selection of video programming from a cable operator.”; and

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(2) in subsection (h), by striking “A governmental entity” and inserting
“Except as provided in subsection (c)(2)(D), a governmental entity”.
EMERGENCY DISCLOSURE OF ELECTRONIC
COMMUNICATIONS TO PROTECT LIFE AND LIMB
SEC. 212.
(a) DISCLOSURE OF CONTENTS.—
(1) IN GENERAL.—Section 2702 of title 18, United States Code, is
amended—
(A) by striking the section heading and inserting the following:
“§2702. Voluntary disclosure of customer communications or records”;
(B) in subsection (a)—
(i) in paragraph (2)(A), by striking “and” at the end;
(ii) in paragraph (2)(B), by striking the period and
inserting “; and”; and
(iii) by inserting after paragraph (2) the following:
“(3) a provider of remote computing service or electronic communication
service to the public shall not knowingly divulge a record or other
information pertaining to a subscriber to or customer of such service (not
including the contents of communications covered by paragraph (1) or
(2)) to any governmental entity.”;
(C) in subsection (b), by striking “EXCEPTIONS.—A person or
entity” and inserting “EXCEPTIONS FOR DISCLOSURE OF
COMMUNICATIONS.— A provider described in subsection
(a)”;
(D) in subsection (b)(6)—
(i) in subparagraph (A)(ii), by striking “or”;
(ii) in subparagraph (B), by striking the period and
inserting “; or”; and
(iii) by adding after subparagraph (B) the following:
“(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical injury
to any person requires disclosure of the information without
delay.”; and
(E) by inserting after subsection (b) the following:
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“(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS.—A provider
described in subsection (a) may divulge a record or other information pertaining
to a subscriber to or customer of such service (not including the contents of
communications covered by subsection (a)(1) or (a)(2))—
“(1) as otherwise authorized in section 2703;
“(2) with the lawful consent of the customer or subscriber;
“(3) as may be necessarily incident to the rendition of the service or to
the protection of the rights or property of the provider of that service;
“(4) to a governmental entity, if the provider reasonably believes that an
emergency involving immediate danger of death or serious physical
injury to any person justifies disclosure of the information; or
“(5) to any person other than a governmental entity.”.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections
for chapter 121 of title 18, United States Code, is amended by striking
the item relating to section 2702 and inserting the following:
“2702. Voluntary disclosure of customer communications or records.”.
(b) REQUIREMENTS FOR GOVERNMENT ACCESS.—
(1) IN GENERAL.—Section 2703 of title 18, United States Code, is
amended—
(A) by striking the section heading and inserting the following:
“2703. Required disclosure of customer communications or records”;
(B) in subsection (c) by redesignating paragraph (2) as paragraph
(3);
(C) in subsection (c)(1)—
(i) by striking “(A) Except as provided in subparagraph
(B), a provider of electronic communication service or
remote computing service may” and inserting “A
governmental entity may require a provider of electronic
communication service or remote computing service to”;
(ii) by striking “covered by subsection (a) or (b) of this
section) to any person other than a governmental entity.
“(B) A provider of electronic communication service or remote
computing service shall disclose a record or other information
pertaining to a subscriber to or customer of such service (not
including the contents of communications covered by subsection
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(a) or (b) of this section) to a governmental entity’ and inserting
‘)”;
(iii) by redesignating subparagraph (C) as paragraph (2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv) as
subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking the
period and inserting “; or”; and
(vi) by inserting after subparagraph (D) (as redesignated)
the following:
“(E) seeks information under paragraph (2).”; and
(D) in paragraph (2) (as redesignated) by striking “subparagraph
(B)” and insert “paragraph (1)”.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 121 of title 18, United States Code, is
amended by striking the item relating to section 2703 and
inserting the following:
“2703. Required disclosure of customer communications or records.”.
AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT
SEC. 213.
Section 3103a of title 18, United States Code, is amended—
(1) by inserting “(a) IN GENERAL.—” before “In addition”; and
(2) by adding at the end the following:
“(b) DELAY.—With respect to the issuance of any warrant or court order under
this section, or any other rule of law, to search for and seize any property or
material that constitutes evidence of a criminal offense in violation of the laws of
the United States, any notice required, or that may be required, to be given may
be delayed if—
“(1) the court finds reasonable cause to believe that providing immediate
notification of the execution of the warrant may have an adverse result
(as defined in section 2705);
“(2) the warrant prohibits the seizure of any tangible property, any wire
or electronic communication (as defined in section 2510), or, except as
expressly provided in chapter 121, any stored wire or electronic
information, except where the court finds reasonable necessity for the
seizure; and
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“(3) the warrant provides for the giving of such notice within a
reasonable period of its execution, which period may thereafter be
extended by the court for good cause shown.”.
PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA
SEC. 214.
(a) APPLICATIONS AND ORDERS.—Section 402 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1842) is amended—
(1) in subsection (a)(1), by striking “for any investigation to gather
foreign intelligence information or information concerning international
terrorism” and inserting “for any investigation to obtain foreign
intelligence information not concerning a United States person or to
protect against international terrorism or clandestine intelligence
activities, provided that such investigation of a United States person is
not conducted solely upon the basis of activities protected by the first
amendment to the Constitution”;
(2) by amending subsection (c)(2) to read as follows:
“(2) a certification by the applicant that the information likely to be
obtained is foreign intelligence information not concerning a United
States person or is relevant to an ongoing investigation to protect against
international terrorism or clandestine intelligence activities, provided that
such investigation of a United States person is not conducted solely upon
the basis of activities protected by the first amendment to the
Constitution.”;
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as follows:
“(A) shall specify—
“(i) the identity, if known, of the person who is the
subject of the investigation;
“(ii) the identity, if known, of the person to whom is
leased or in whose name is listed the telephone line or
other facility to which the pen register or trap and trace
device is to be attached or applied;
“(iii) the attributes of the communications to which the
order applies, such as the number or other identifier, and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied and, in the case of a trap and
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trace device, the geographic limits of the trap and trace
order.”.
(b) AUTHORIZATION DURING EMERGENCIES.—Section 403 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. §1843) is amended—
(1) in subsection (a), by striking “foreign intelligence information or
information concerning international terrorism” and inserting “foreign
intelligence information not concerning a United States person or
information to protect against international terrorism or clandestine
intelligence activities, provided that such investigation of a United States
person is not conducted solely upon the basis of activities protected by
the first amendment to the Constitution”; and
(2) in subsection (b)(1), by striking “foreign intelligence information or
information concerning international terrorism” and inserting “foreign
intelligence information not concerning a United States person or
information to protect against international terrorism or clandestine
intelligence activities, provided that such investigation of a United States
person is not conducted solely upon the basis of activities protected by
the first amendment to the Constitution”.
ACCESS TO RECORDS AND OTHER ITEMS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT
SEC. 215.
Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1861 et
seq.) is amended by striking sections 501 through 503 and inserting the
following:
“ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS
“SEC. 501.
“(a)(1) The Director of the Federal Bureau of Investigation or a designee of the
Director (whose rank shall be no lower than Assistant Special Agent in Charge)
may make an application for an order requiring the production of any tangible
things (including books, records, papers, documents, and other items) for an
investigation to protect against international terrorism or clandestine intelligence
activities, provided that such investigation of a United States person is not
conducted solely upon the basis of activities protected by the first amendment to
the Constitution.
“(2) An investigation conducted under this section shall—

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“(A) be conducted under guidelines approved by the Attorney
General under Executive Order 12333 (or a successor order);
and
“(B) not be conducted of a United States person solely upon the
basis of activities protected by the first amendment to the
Constitution of the United States.
“(b) Each application under this section—
“(1) shall be made to—
“(A) a judge of the court established by section 103(a); or
“(B) a United States Magistrate Judge under chapter 43 of title
28, United States Code, who is publicly designated by the Chief
Justice of the United States to have the power to hear
applications and grant orders for the production of tangible
things under this section on behalf of a judge of that court; and
“(2) shall specify that the records concerned are sought for an authorized
investigation conducted in accordance with subsection (a)(2) to obtain
foreign intelligence information not concerning a United States person or
to protect against international terrorism or clandestine intelligence
activities.
“(c)(1) Upon an application made pursuant to this section, the judge shall enter
an ex parte order as requested, or as modified, approving the release of records if
the judge finds that the application meets the requirements of this section.
“(2) An order under this subsection shall not disclose that it is issued for
purposes of an investigation described in subsection (a).
“(d) No person shall disclose to any other person (other than those persons
necessary to produce the tangible things under this section) that the Federal
Bureau of Investigation has sought or obtained tangible things under this section.
“(e) A person who, in good faith, produces tangible things under an order
pursuant to this section shall not be liable to any other person for such
production. Such production shall not be deemed to constitute a waiver of any
privilege in any other proceeding or context.
“CONGRESSIONAL OVERSIGHT
“SEC. 502.
“(a) On a semiannual basis, the Attorney General shall fully inform the
Permanent Select Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate concerning all requests for the
production of tangible things under section 402.

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“(b) On a semiannual basis, the Attorney General shall provide to the
Committees on the Judiciary of the House of Representatives and the Senate a
report setting forth with respect to the preceding 6-month period—
“(1) the total number of applications made for orders approving requests
for the production of tangible things under section 402; and
“(2) the total number of such orders either granted, modified, or denied.”.
MODIFICATION OF AUTHORITIES RELATING TO USE OF
PEN REGISTERS AND TRAP AND TRACE DEVICES
SEC. 216.
(a) GENERAL LIMITATIONS.—Section 3121(c) of title 18, United States Code, is
amended—
(1) by inserting “or trap and trace device” after “pen register”;
(2) by inserting “, routing, addressing,” after “dialing”; and
(3) by striking “call processing” and inserting “the processing and
transmitting of wire or electronic communications so as not to include
the contents of any wire or electronic communications”.
(b) ISSUANCE OF ORDERS.—
(1) IN GENERAL.—Section 3123(a) of title 18, United States Code, is
amended to read as follows:
“(a) IN GENERAL.—
“(1) ATTORNEY FOR THE GOVERNMENT.—Upon an application made
under section 3122(a)(1), the court shall enter an ex parte order
authorizing the installation and use of a pen register or trap and trace
device anywhere within the United States, if the court finds that the
attorney for the Government has certified to the court that the
information likely to be obtained by such installation and use is relevant
to an ongoing criminal investigation. The order, upon service of that
order, shall apply to any person or entity providing wire or electronic
communication service in the United States whose assistance may
facilitate the execution of the order. Whenever such an order is served on
any person or entity not specifically named in the order, upon request of
such person or entity, the attorney for the Government or law
enforcement or investigative officer that is serving the order shall
provide written or electronic certification that the order applies to the
person or entity being served.
“(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICERS.—Upon
an application made under section 3122(a)(2), the court shall enter an ex
parte order authorizing the installation and use of a pen register or trap
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and trace device within the jurisdiction of the court, if the court finds that
the State law enforcement or investigative officer has certified to the
court that the information likely to be obtained by such installation and
use is relevant to an ongoing criminal investigation.
“(3)(A) Where the law enforcement agency implementing an ex parte
order under this subsection seeks to do so by installing and using its own
pen register or trap and trace device on a packet-switched data network
of a provider of electronic communication service to the public, the
agency shall ensure that a record will be maintained which will
identify—
“(i) any officer or officers who installed the device and
any officer or officers who accessed the device to obtain
information from the network;
“(ii) the date and time the device was installed, the date
and time the device was uninstalled, and the date, time,
and duration of each time the device is accessed to
obtain information;
“(iii) the configuration of the device at the time of its
installation and any subsequent modification thereof;
and
“(iv) any information which has been collected by the
device.
To the extent that the pen register or trap and trace
device can be set automatically to record this
information electronically, the record shall be
maintained electronically throughout the installation and
use of such device.
“(B) The record maintained under subparagraph (A) shall be
provided ex parte and under seal to the court which entered the
ex parte order authorizing the installation and use of the device
within 30 days after termination of the order (including any
extensions thereof).”.
(2) CONTENTS OF ORDER.—Section 3123(b)(1) of title 18, United States
Code, is amended—
(A) in subparagraph (A)—
(i) by inserting “or other facility” after “telephone line”;
and
(ii) by inserting before the semicolon at the end “or
applied”; and
(B) by striking subparagraph (C) and inserting the following:
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“(C) the attributes of the communications to which the order
applies, including the number or other identifier and, if known,
the location of the telephone line or other facility to which the
pen register or trap and trace device is to be attached or applied,
and, in the case of an order authorizing installation and use of a
trap and trace device under subsection (a)(2), the geographic
limits of the order; and”.
(3) NONDISCLOSURE REQUIREMENTS.—Section 3123(d)(2) of title 18,
United States Code, is amended—
(A) by inserting “or other facility” after “the line”; and
(B) by striking “, or who has been ordered by the court” and
inserting “or applied, or who is obligated by the order”.
(c) DEFINITIONS.—
(1) COURT OF COMPETENT JURISDICTION.—Section 3127(2) of title 18,
United States Code, is amended by striking subparagraph (A) and
inserting the following:
“(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court of
appeals having jurisdiction over the offense being investigated;
or”.
(2) PEN REGISTER.—Section 3127(3) of title 18, United States Code, is
amended—
(A) by striking “electronic or other impulses” and all that follows
through “is attached” and inserting “dialing, routing, addressing,
or signaling information transmitted by an instrument or facility
from which a wire or electronic communication is transmitted,
provided, however, that such information shall not include the
contents of any communication”; and
(B) by inserting “or process” after “device” each place it appears.
(3) TRAP AND TRACE DEVICE.—Section 3127(4) of title 18, United
States Code, is amended—
(A) by striking “of an instrument” and all that follows through
the semicolon and inserting “or other dialing, routing,
addressing, and signaling information reasonably likely to
identify the source of a wire or electronic communication,
provided, however, that such information shall not include the
contents of any communication;”; and
(B) by inserting “or process” after “a device”.
(4) CONFORMING AMENDMENT.—Section 3127(1) of title 18, United
States Code, is amended—
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USA PATRIOT ACT OF 2001
(A) by striking “and”; and
(B) by inserting “, and ‘contents’ “ after “electronic
communication service”.
(5) TECHNICAL AMENDMENT.—Section 3124(d) of title 18, United
States Code, is amended by striking “the terms of”.
(6) CONFORMING AMENDMENT.—Section 3124(b) of title 18, United
States Code, is amended by inserting “or other facility” after “the
appropriate line”.
INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS
SEC. 217.
Chapter 119 of title 18, United States Code, is amended—
(1) in section 2510—
(A) in paragraph (18), by striking “and” at the end;
(B) in paragraph (19), by striking the period and inserting a
semicolon; and
(C) by inserting after paragraph (19) the following:
“(20) ‘protected computer’ has the meaning set forth in section 1030;
“(21) ‘computer trespasser’—
“(A) means a person who accesses a protected computer without
authorization and thus has no reasonable expectation of privacy
in any communication transmitted to, through, or from the
protected computer; and
“(B) does not include a person known by the owner or operator
of the protected computer to have an existing contractual
relationship with the owner or operator of the protected
computer for access to all or part of the protected computer.”;
and
(2) in section 2511(2), by inserting at the end the following:
“(i) It shall not be unlawful under this chapter for a
person acting under color of law to intercept the wire or
electronic communications of a computer trespasser
transmitted to, through, or from the protected computer,
if—
“(I) the owner or operator of the protected
computer authorizes the interception of the
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USA PATRIOT ACT OF 2001
computer trespasser’s communications on the
protected computer;
“(II) the person acting under color of law is
lawfully engaged in an investigation;
“(III) the person acting under color of law has
reasonable grounds to believe that the contents
of the computer trespasser’s communications
will be relevant to the investigation; and
“(IV) such interception does not acquire
communications other than those transmitted to
or from the computer trespasser.”.
FOREIGN INTELLIGENCE INFORMATION
SEC. 218.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. §1804(a)(7)(B) and
1823(a)(7)(B)) of the Foreign Intelligence Surveillance Act of 1978 are each
amended by striking “the purpose” and inserting “a significant purpose”.
SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM
SEC. 219.
Rule 41(a) of the Federal Rules of Criminal Procedure is amended by inserting
after “executed” the following: “and (3) in an investigation of domestic terrorism
or international terrorism (as defined in section 2331 of title 18, United States
Code), by a Federal magistrate judge in any district in which activities related to
the terrorism may have occurred, for a search of property or for a person within
or outside the district”.
NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC EVIDENCE
SEC. 220.
(a) IN GENERAL.—Chapter 121 of title 18, United States Code, is amended—
(1) in section 2703, by striking “under the Federal Rules of Criminal
Procedure” every place it appears and inserting “using the procedures
described in the Federal Rules of Criminal Procedure by a court with
jurisdiction over the offense under investigation”; and
(2) in section 2711—
(A) in paragraph (1), by striking “and”;
(B) in paragraph (2), by striking the period and inserting “;
and”; and
(C) by inserting at the end the following:
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USA PATRIOT ACT OF 2001
“(3) the term ‘court of competent jurisdiction’ has the meaning assigned
by section 3127, and includes any Federal court within that definition,
without geographic limitation.”.
(b) CONFORMING AMENDMENT.—Section 2703(d) of title 18, United States
Code, is amended by striking “described in section 3127(2)(A)”.
TRADE SANCTIONS
SEC. 221.
(a) IN GENERAL.—The Trade Sanctions Reform and Export Enhancement Act of
2000 (Public Law 106-387; 114 Stat. 1549A-67) is amended—
(1) by amending section 904(2)(C) to read as follows:
“(C) used to facilitate the design, development, or production of
chemical or biological weapons, missiles, or weapons of mass
destruction.”;
(2) in section 906(a)(1)—
(A) by inserting “, the Taliban or the territory of Afghanistan
controlled by the Taliban,” after “Cuba”; and
(B) by inserting “, or in the territory of Afghanistan controlled by
the Taliban,” after “within such country”; and
(3) in section 906(a)(2), by inserting “, or to any other entity in Syria or
North Korea” after “Korea”.
(b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT
ENHANCEMENT ACT.—Nothing in the Trade Sanctions Reform and Export
Enhancement Act of 2000 shall limit the application or scope of any law
establishing criminal or civil penalties, including any Executive order or
regulation promulgated pursuant to such laws (or similar or successor laws), for
the unlawful export of any agricultural commodity, medicine, or medical device
to—
(1) a foreign organization, group, or person designated pursuant to
Executive Order No. 12947 of January 23, 1995, as amended;
(2) a Foreign Terrorist Organization pursuant to the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132);
(3) a foreign organization, group, or person designated pursuant to
Executive Order No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to Executive
Order No. 12978 (October 21, 1995) or the Foreign Narcotics Kingpin
Designation Act (Public Law 106-120); or

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(5) any foreign organization, group, or persons subject to any restriction
for its involvement in weapons of mass destruction or missile
proliferation.
ASSISTANCE TO LAW ENFORCEMENT AGENCIES
SEC. 222.
Nothing in this Act shall impose any additional technical obligation or
requirement on a provider of a wire or electronic communication service or other
person to furnish facilities or technical assistance. A provider of a wire or
electronic communication service, landlord, custodian, or other person who
furnishes facilities or technical assistance pursuant to section 216 shall be
reasonably compensated for such reasonable expenditures incurred in providing
such facilities or assistance.
CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES
SEC. 223.
(a) Section 2520 of title 18, United States Code, is amended—
(1) in subsection (a), after “entity”, by inserting “, other than the United
States,”;
(2) by adding at the end the following:
“(f) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate department or
agency determines that the United States or any of its departments or agencies
has violated any provision of this chapter, and the court or appropriate
department or agency finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the violation, the department
or agency shall, upon receipt of a true and correct copy of the decision and
findings of the court or appropriate department or agency promptly initiate a
proceeding to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or agency involved
determines that disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such determination.”;
and
(3) by adding a new subsection (g), as follows:
“(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful disclosure or use by an
investigative or law enforcement officer or governmental entity of information
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USA PATRIOT ACT OF 2001
beyond the extent permitted by section 2517 is a violation of this chapter for
purposes of section 2520(a).”.
(b) Section 2707 of title 18, United States Code, is amended—
(1) in subsection (a), after “entity”, by inserting “, other than the United
States,”;
(2) by striking subsection (d) and inserting the following:
“(d) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate department or
agency determines that the United States or any of its departments or agencies
has violated any provision of this chapter, and the court or appropriate
department or agency finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the violation, the department
or agency shall, upon receipt of a true and correct copy of the decision and
findings of the court or appropriate department or agency promptly initiate a
proceeding to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or agency involved
determines that disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such determination.”;
and
(3) by adding a new subsection (g), as follows:
“(g) IMPROPER DISCLOSURE.—Any willful disclosure of a ‘record’, as that term
is defined in section 552a(a) of title 5, United States Code, obtained by an
investigative or law enforcement officer, or a governmental entity, pursuant to
section 2703 of this title, or from a device installed pursuant to section 3123 or
3125 of this title, that is not a disclosure made in the proper performance of the
official functions of the officer or governmental entity making the disclosure, is a
violation of this chapter. This provision shall not apply to information previously
lawfully disclosed (prior to the commencement of any civil or administrative
proceeding under this chapter) to the public by a Federal, State, or local
governmental entity or by the plaintiff in a civil action under this chapter.”.
(c)(1) Chapter 121 of title 18, United States Code, is amended by adding
at the end the following:
Ҥ 2712. Civil actions against the United States
“(a) IN GENERAL.—Any person who is aggrieved by any willful violation of this
chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of
the Foreign Intelligence Surveillance Act of 1978 (50 U. S.C. 1801 et seq.) may
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commence an action in United States District Court against the United States to
recover money damages. In any such action, if a person who is aggrieved
successfully establishes such a violation of this chapter or of chapter 119 of this
title or of the above specific provisions of title 50, the Court may assess as
damages—
“(1) actual damages, but not less than $10,000, whichever amount is
greater; and
“(2) litigation costs, reasonably incurred.
“(b) PROCEDURES.—(1) Any action against the United States under this section
may be commenced only after a claim is presented to the appropriate department
or agency under the procedures of the Federal Tort Claims Act, as set forth in
title 28, United States Code.
“(2) Any action against the United States under this section shall be
forever barred unless it is presented in writing to the appropriate Federal
agency within 2 years after such claim accrues or unless action is begun
within 6 months after the date of mailing, by certified or registered mail,
of notice of final denial of the claim by the agency to which it was
presented. The claim shall accrue on the date upon which the claimant
first has a reasonable opportunity to discover the violation.
“(3) Any action under this section shall be tried to the court without a
jury.
“(4) Notwithstanding any other provision of law, the procedures set forth
in section 106(f), 305(g), or 405(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) shall be the exclusive
means by which materials governed by those sections may be reviewed.
“(5) An amount equal to any award against the United States under this
section shall be reimbursed by the department or agency concerned to the
fund described in section 1304 of title 31, United States Code, out of any
appropriation, fund, or other account (excluding any part of such
appropriation, fund, or account that is available for the enforcement of
any Federal law) that is available for the operating expenses of the
department or agency concerned.
“(c) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate department or
agency determines that the United States or any of its departments or agencies
has violated any provision of this chapter, and the court or appropriate
department or agency finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the violation, the department
or agency shall, upon receipt of a true and correct copy of the decision and
findings of the court or appropriate department or agency promptly initiate a
proceeding to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or agency involved
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determines that disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such determination.
“(d) EXCLUSIVE REMEDY.—Any action against the United States under this
subsection shall be the exclusive remedy against the United States for any claims
within the purview of this section.
“(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the United States, the
court shall stay any action commenced under this section if the court determines
that civil discovery will adversely affect the ability of the Government to conduct
a related investigation or the prosecution of a related criminal case. Such a stay
shall toll the limitations periods of paragraph (2) of subsection (b).
“(2) In this subsection, the terms ‘related criminal case’ and ‘related
investigation’ mean an actual prosecution or investigation in progress at
the time at which the request for the stay or any subsequent motion to lift
the stay is made. In determining whether an investigation or a criminal
case is related to an action commenced under this section, the court shall
consider the degree of similarity between the parties, witnesses, facts,
and circumstances involved in the 2 proceedings, without requiring that
any one or more factors be identical.
“(3) In requesting a stay under paragraph (1), the Government may, in
appropriate cases, submit evidence ex parte in order to avoid disclosing
any matter that may adversely affect a related investigation or a related
criminal case. If the Government makes such an ex parte submission, the
plaintiff shall be given an opportunity to make a submission to the court,
not ex parte, and the court may, in its discretion, request further
information from either party.”.
(2) The table of sections at the beginning of chapter 121 is amended to
read as follows:
“2712. Civil action against the United States.”.
SUNSET
SEC. 224.
(a) IN GENERAL.—Except as provided in subsection (b), this title and the
amendments made by this title (other than sections 203(a), 203(c), 205, 208, 210,
211, 213, 216, 219, 221, and 222, and the amendments made by those sections)
shall cease to have effect on December 31, 2005.
(b) EXCEPTION.—With respect to any particular foreign intelligence investigation
that began before the date on which the provisions referred to in subsection (a)
cease to have effect, or with respect to any particular offense or potential offense
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that began or occurred before the date on which such provisions cease to have
effect, such provisions shall continue in effect.
IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP
SEC. 225.
Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S. C.
1805) is amended by inserting after subsection (g) the following:
“(h) No cause of action shall lie in any court against any provider of a wire or
electronic communication service, landlord, custodian, or other person (including
any officer, employee, agent, or other specified person thereof) that furnishes any
information, facilities, or technical assistance in accordance with a court order or
request for emergency assistance under this Act.”.
–––––––––
TITLE VIII—STRENGTHENING THE
CRIMINAL LAWSAGAINST TERRORISM
DEFINITION OF DOMESTIC TERRORISM
SEC. 802.
(a) DOMESTIC TERRORISM DEFINED.—Section 2331 of title 18, United States
Code, is amended—
(1) in paragraph (1)(B)(iii), by striking “by assassination or kidnapping”
and inserting “by mass destruction, assassination, or kidnapping”;
(2) in paragraph (3), by striking “and”;
(3) in paragraph (4), by striking the period at the end and inserting “;
and”; and
(4) by adding at the end the following:
“(5) the term ‘domestic terrorism’ means activities that—
“(A) involve acts dangerous to human life that are a violation of
the criminal laws of the United States or of any State;
“(B) appear to be intended—
“(i) to intimidate or coerce a civilian population;
“(ii) to influence the policy of a government by
intimidation or coercion; or
“(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
“(C) occur primarily within the territorial jurisdiction of the
United States.”.
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(b) CONFORMING AMENDMENT.—Section 3077(1) of title 18, United States
Code, is amended to read as follows:
“(1) ‘act of terrorism’ means an act of domestic or international terrorism
as defined in section 2331;”.
PROHIBITION AGAINST HARBORING TERRORISTS
SEC. 803.
(a) IN GENERAL.—Chapter 113B of title 18, United States Code, is amended by
adding after section 2338 the following new section:
Ҥ 2339. Harboring or concealing terrorists
“(a) Whoever harbors or conceals any person who he knows, or has reasonable
grounds to believe, has committed, or is about to commit, an offense under
section 32 (relating to destruction of aircraft or aircraft facilities), section 175
(relating to biological weapons), section 229 (relating to chemical weapons),
section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f)
(relating to arson and bombing of government property risking or causing injury
or death), section 1366(a) (relating to the destruction of an energy facility),
section 2280 (relating to violence against maritime navigation), section 2332a
(relating to weapons of mass destruction), or section 2332b (relating to acts of
terrorism transcending national boundaries) of this title, section 236(a) (relating
to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. §2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be
fined under this title or imprisoned not more than ten years, or both.”.
“(b) A violation of this section may be prosecuted in any Federal judicial district
in which the underlying offense was committed, or in any other Federal judicial
district as provided by law.”.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 113B of title 18,
United States Code, is amended by inserting after the item for section 2338 the
following:
“2339. Harboring or concealing terrorists.”.
JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD
SEC. 804.
Section 7 of title 18, United States Code, is amended by adding at the end the
following:

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“(9) With respect to offenses committed by or against a national of the
United States as that term is used in section 101 of the Immigration and
Nationality Act—
“(A) the premises of United States diplomatic, consular, military
or other United States Government missions or entities in foreign
States, including the buildings, parts of buildings, and land
appurtenant or ancillary thereto or used for purposes of those
missions or entities, irrespective of ownership; and
“(B) residences in foreign States and the land appurtenant or
ancillary thereto, irrespective of ownership, used for purposes of
those missions or entities or used by United States personnel
assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any treaty or
international agreement with which this paragraph conflicts. This
paragraph does not apply with respect to an offense committed by a
person described in section 3261(a) of this title.”.
MATERIAL SUPPORT FOR TERRORISM
SEC. 805.
(a) IN GENERAL.—Section 2339A of title 18, United States Code, is amended—
(1) in subsection (a)—
(A) by striking “, within the United States,”;
(B) by inserting “229,” after “175,”;
(C) by inserting “1993,” after “1992,”;
(D) by inserting “, section 236 of the Atomic Energy Act of 1954
(42 U.S.C. §2284),” after “of this title”;
(E) by inserting “or 60123(b)” after “46502”; and
(F) by inserting at the end the following: “A violation of this
section may be prosecuted in any Federal judicial district in
which the underlying offense was committed, or in any other
Federal judicial district as provided by law.”; and
(2) in subsection (b)—
(A) by striking “or other financial securities” and inserting “or
monetary instruments or financial securities”; and
(B) by inserting “expert advice or assistance,” after “training,”.
(b) TECHNICAL AMENDMENT.—Section 1956(c)(7)(D) of title 18, United States
Code, is amended by inserting “or 2339B” after “2339A”.

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ASSETS OF TERRORIST ORGANIZATIONS
SEC. 806.
Section 981(a)(1) of title 18, United States Code, is amended by inserting at the
end the following:
“(G) All assets, foreign or domestic—
“(i) of any individual, entity, or organization engaged in
planning or perpetrating any act of domestic or
international terrorism (as defined in section 2331)
against the United States, citizens or residents of the
United States, or their property, and all assets, foreign or
domestic, affording any person a source of influence
over any such entity or organization;
“(ii) acquired or maintained by any person with the
intent and for the purpose of supporting, planning,
conducting, or concealing an act of domestic or
international terrorism (as defined in section 2331)
against the United States, citizens or residents of the
United States, or their property; or
“(iii) derived from, involved in, or used or intended to be
used to commit any act of domestic or international
terrorism (as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property.”.
TECHNICAL CLARIFICATION RELATING TO
PROVISION OF MATERIAL SUPPORT TO TERRORISM
SEC. 807.
No provision of the Trade Sanctions Reform and Export Enhancement Act of
2000 (title IX of Public Law 106-387) shall be construed to limit or otherwise
affect section 2339A or 2339B of title 18, United States Code.
DEFINITION OF FEDERAL CRIME OF TERRORISM
SEC. 808.
Section 2332b of title 18, United States Code, is amended—
(1) in subsection (f), by inserting “and any violation of section 351(e),
844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156
of this title,” before “and the Secretary”; and
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(2) in subsection (g)(5)(B), by striking clauses (i) through (iii) and
inserting the following:
“(i) section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within
special maritime and territorial jurisdiction), 175 or 175b
(relating to biological weapons), 229 (relating to
chemical weapons), subsection (a), (b), (c), or (d) of
section 351 (relating to congressional, cabinet, and
Supreme Court assassination and kidnapping), 831
(relating to nuclear materials), 842(m) or (n) (relating to
plastic explosives), 844(f)(2) or (3) (relating to arson and
bombing of Government property risking or causing
death), 844(i) (relating to arson and bombing of property
used in interstate commerce), 930(c) (relating to killing
or attempted killing during an attack on a Federal facility
with a dangerous weapon), 956(a)(1) (relating to
conspiracy to murder, kidnap, or maim persons abroad),
1030(a)(1) (relating to protection of computers),
1030(a)(5)(A)(i) resulting in damage as defined in
1030(a)(5)(B)(ii) through (v) (relating to protection of
computers), 1114 (relating to killing or attempted killing
of officers and employees of the United States), 1116
(relating to murder or manslaughter of foreign officials,
official guests, or internationally protected persons),
1203 (relating to hostage taking), 1362 (relating to
destruction of communication lines, stations, or
systems), 1363 (relating to injury to buildings or
property within special maritime and territorial
jurisdiction of the United States), 1366(a) (relating to
destruction of an energy facility), 1751(a), (b), (c), or (d)
(relating to Presidential and Presidential staff
assassination and kidnapping), 1992 (relating to
wrecking trains), 1993 (relating to terrorist attacks and
other acts of violence against mass transportation
systems), 2155 (relating to destruction of national
defense materials, premises, or utilities), 2280 (relating
to violence against maritime navigation), 2281 (relating
to violence against maritime fixed platforms), 2332
(relating to certain homicides and other violence against
United States nationals occurring outside of the United
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States), 2332a (relating to use of weapons of mass
destruction), 2332b (relating to acts of terrorism
transcending national boundaries), 2339 (relating to
harboring terrorists), 2339A (relating to providing
material support to terrorists), 2339B (relating to
providing material support to terrorist organizations), or
2340A (relating to torture) of this title;
“(ii) section 236 (relating to sabotage of nuclear facilities
or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
§2284); or
“(iii) section 46502 (relating to aircraft piracy), the
second sentence of section 46504 (relating to assault on
a flight crew with a dangerous weapon), section
46505(b)(3) or (c) (relating to explosive or incendiary
devices, or endangerment of human life by means of
weapons, on aircraft), section 46506 if homicide or
attempted homicide is involved (relating to application
of certain criminal laws to acts on aircraft), or section
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49.”.
–––––––––
TITLE X—MISCELLANEOUS
DEFINITION OF “ELECTRONIC SURVEILLANCE”
SEC. 1003.
Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 U.S.C.
§1801(f)(2)) is amended by adding at the end before the semicolon the following:
“, but does not include the acquisition of those communications of computer
trespassers that would be permissible under section 2511(2)(i) of title 18, United
States Code”.

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USA PATRIOT IMPROVEMENT AND
REAUTHORIZATION ACT OF 2005
(Public Law 109-177 of March 9, 2006, 120 STAT. 192)

AN ACT To extend and modify authorities needed to combat terrorism, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE; TABLE OF CONTENTS
SECTION 1.
(a) SHORT TITLE.—This Act may be cited as the “USA PATRIOT Improvement
and Reauthorization Act of 2005”.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
SEC. 1.

Short title; table of contents.

TITLE I—USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
References to, and modification of short title for, USA PATRIOT Act.
USA PATRIOT Act sunset provisions.
Extension of sunset relating to individual terrorists as agents of foreign
powers.
Section 2332b and the material support sections of title 18, United
SEC. 104.
States Code.
Duration of FISA surveillance of non-United States persons under
SEC. 105.
section 207 of the USA PATRIOT Act.
Access to certain business records under section 215 of the USA
SEC. 106.
PATRIOT Act.
Audit on access to certain business records for foreign intelligence
SEC. 106A.
purposes.
Enhanced oversight of good-faith emergency disclosures under section
SEC. 107.
212 of the USA PATRIOT Act.
Multipoint electronic surveillance under section 206 of the USA
SEC. 108.
PATRIOT Act.
Enhanced congressional oversight.
SEC. 109.
Attacks against railroad carriers and mass transportation systems.
SEC. 110.
Forfeiture.
SEC. 111.
Section 2332b(g)(5)(B) amendments relating to the definition of
SEC. 112.
Federal crime of terrorism.
Amendments to section 2516(1) of title 18, United States Code.
SEC. 113.
Delayed notice search warrants.
SEC. 114.
SEC. 101.
SEC. 102.
SEC. 103.

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USA PATRIOT ACT OF 2001
SEC. 115.
SEC. 116.
SEC. 117.
SEC. 118.
SEC. 119.
SEC. 120.
SEC. 121.
SEC. 122.
SEC. 123.
SEC. 124.
SEC. 125.
SEC. 126.
SEC. 127.
SEC. 128.

SEC. 201.
SEC. 211.
SEC. 212.
SEC. 221.
SEC. 222.

Judicial review of national security letters.
Confidentiality of national security letters.
Violations of nondisclosure provisions of national security letters.
Reports on national security letters.
Audit of use of national security letters.
Definition for forfeiture provisions under section 806 of the USA
PATRIOT Act.
Penal provisions regarding trafficking in contraband cigarettes or
smokeless tobacco.
Prohibition of narco-terrorism.
Interfering with the operation of an aircraft.
Sense of Congress relating to lawful political activity.
Removal of civil liability barriers that discourage the donation of fire
equipment to volunteer fire companies.
Report on data-mining activities.
Sense of Congress.
USA PATRIOT Act section 214; authority for disclosure of additional
information in connection with orders for pen register and trap and
trace authority under FISA.
TITLE II—TERRORIST DEATH PENALTY ENHANCEMENT
Short title.
SUBTITLE A—TERRORIST PENALTIES ENHANCEMENT ACT
Death penalty procedures for certain air piracy cases occurring before
enactment of the Federal Death Penalty Act of 1994.
Postrelease supervision of terrorists.
SUBTITLE B—FEDERAL DEATH PENALTY PROCEDURES
Elimination of procedures applicable only to certain Controlled
Substances Act cases.
Counsel for financially unable defendants.

TITLE III—REDUCING CRIME AND TERRORISM AT AMERICA’S SEAPORTS
Short title.
SEC. 301.
Entry by false pretenses to any seaport.
SEC. 302.
Criminal sanctions for failure to heave to, obstruction of boarding, or
SEC. 303.
providing false information.
Criminal sanctions for violence against maritime navigation, placement
SEC. 304.
of destructive devices.
Transportation of dangerous materials and terrorists.
SEC. 305.
Destruction of, or interference with, vessels or maritime facilities.
SEC. 306.
Theft of interstate or foreign shipments or vessels.
SEC. 307.
Stowaways on vessels or aircraft.
SEC. 308.
Bribery affecting port security.
SEC. 309.
Penalties for smuggling goods into the United States.
SEC. 310.

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SEC. 311.
SEC. 401.
SEC. 402.
SEC. 403.
SEC. 404.
SEC. 405.
SEC. 406.
Act.
SEC. 407.
SEC. 408.
SEC. 409.
SEC. 410.
SEC. 501.
SEC. 502.
SEC. 503.
SEC. 504.
SEC. 505.
SEC. 506.
SEC. 507.
SEC. 601.
SEC. 602.
SEC. 603.
SEC. 604.
SEC. 605.
SEC. 606.
SEC. 607.
SEC. 608.
SEC. 701.
SEC. 711.
SEC. 712.
SEC. 713.
SEC. 714.

Smuggling goods from the United States.
TITLE IV—COMBATING TERRORISM FINANCING
Short title.
Increased penalties for terrorism financing.
Terrorism-related specified activities for money laundering.
Assets of persons committing terrorist acts against foreign countries or
international organizations.
Money laundering through hawalas.
Technical and conforming amendments relating to the USA PATRIOT
Cross reference correction.
Amendment to amendatory language.
Designation of additional money laundering predicate.
Uniform procedures for criminal forfeiture.
TITLE V—MISCELLANEOUS PROVISIONS
Residence of United States attorneys and assistant United States
attorneys.
Interim appointment of United States Attorneys.
Secretary of Homeland Security in Presidential line of succession.
Bureau of Alcohol, Tobacco and Firearms to the Department of Justice.
Qualifications of United States Marshals.
Department of Justice intelligence matters.
Review by Attorney General.
TITLE VI—SECRET SERVICE
Short title.
Interference with national special security events.
False credentials to national special security events.
Forensic and investigative support of missing and exploited children
cases.
The Uniformed Division, United States Secret Service.
Savings provisions.
Maintenance as distinct entity.
Exemptions from the Federal Advisory Committee Act.
TITLE VII—COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
Short title.
SUBTITLE A—DOMESTIC REGULATION OF PRECURSOR CHEMICALS
Scheduled listed chemical products; restrictions on sales quantity,
behind-the-counter access, and other safeguards.
Regulated transactions.
Authority to establish production quotas.
Penalties; authority for manufacturing; quota.

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SEC. 715.
SEC. 716.
SEC. 717.
SEC. 718.

Restrictions on importation; authority to permit imports for medical,
scientific, or other legitimate purposes.
Notice of importation or exportation; approval of sale or transfer by
importer or exporter.
Enforcement of restrictions on importation and of requirement of notice
of transfer.
Coordination with United States Trade Representative.

SUBTITLE B—INTERNATIONAL REGULATION OF PRECURSOR CHEMICALS
Information on foreign chain of distribution; import restrictions
SEC. 721.
regarding failure of distributors to cooperate.
Requirements relating to the largest exporting and importing countries
SEC. 722.
of certain precursor chemicals.
Prevention of smuggling of methamphetamine into the United States
SEC. 723.
from Mexico.
SUBTITLE C—ENHANCED CRIMINAL PENALTIES FOR
METHAMPHETAMINE PRODUCTION AND TRAFFICKING
SEC. 731.
SEC. 732.
SEC. 733.
SEC. 734.
SEC. 735.
SEC. 736.

Smuggling methamphetamine or methamphetamine precursor
chemicals into the United States while using facilitated entry programs.
Manufacturing controlled substances on Federal property.
Increased punishment for methamphetamine kingpins.
New child-protection criminal enhancement.
Amendments to certain sentencing court reporting requirements.
Semiannual reports to Congress.
SUBTITLE D—ENHANCED ENVIRONMENTAL REGULATION OF
METHAMPHETAMINE BYPRODUCTS

SEC. 741.
SEC. 742.
SEC. 743.
SEC. 751.
SEC. 752.
SEC. 753.
SEC. 754.
SEC. 755.
SEC. 756.

Biennial report to Congress on agency designations of by-products of
methamphetamine laboratories as hazardous materials.
Methamphetamine production report.
Cleanup costs.
SUBTITLE E—ADDITIONAL PROGRAMS AND ACTIVITIES
Improvements to Department of Justice drug court grant program.
Drug courts funding.
Feasibility study on Federal drug courts.
Grants to hot spot areas to reduce availability of methamphetamine.
Grants for programs for drug-endangered children.
Authority to award competitive grants to address methamphetamine use
by pregnant and parenting women offenders.

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TITLE I—USA PATRIOT IMPROVEMENT AND
REAUTHORIZATION ACT
REFERENCE TO, AND MODIFICATION OF
SHORT TITLE FOR, USA PATRIOT ACT
SEC. 101.
(a) REFERENCES TO USA PATRIOT ACT.—A reference in this Act to the USA
PATRIOT Act shall be deemed a reference to the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA PATRIOT Act) of 2001.
(b) MODIFICATION OF SHORT TITLE OF USA PATRIOT ACT.—Section 1(a) of
the USA PATRIOT Act is amended to read as follows:
“(a) SHORT TITLE.—This Act may be cited as the ‘Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001’ or the ‘USA PATRIOT Act’.”.
USA PATRIOT ACT SUNSET PROVISIONS
SEC. 102.
(a) IN GENERAL.—Section 224 of the USA PATRIOT Act is repealed.
(b) SECTIONS 206 AND 215 SUNSET.—
(1) IN GENERAL.—Effective December 31, 2009, the Foreign
Intelligence Surveillance Act of 1978 is amended so that sections 501,
502, and 105(c)(2) read as they read on October 25, 2001.
(2) EXCEPTION.—With respect to any particular foreign intelligence
investigation that began before the date on which the provisions referred
to in paragraph (1) cease to have effect, or with respect to any particular
offense or potential offense that began or occurred before the date on
which such provisions cease to have effect, such provisions shall
continue in effect.
EXTENSION OF SUNSET RELATING TO
INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS
SEC. 103.
Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3742) is amended to read as follows:
“(b) SUNSET.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the amendment
made by subsection (a) shall cease to have effect on December 31, 2009.
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USA PATRIOT ACT OF 2001
“(2) EXCEPTION.—With respect to any particular foreign intelligence
investigation that began before the date on which the provisions referred
to in paragraph (1) cease to have effect, or with respect to any particular
offense or potential offense that began or occurred before the date on
which the provisions cease to have effect, such provisions shall continue
in effect.”.
SECTION 233B AND THE MATERIAL SUPPORT SECTIONS
OF TITLE 18, UNITED STATES CODE
SEC. 104.
Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3762) is amended by striking subsection (g).
DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS
UNDER SECTION 207 OF THE USA PATRIOT ACT
SEC. 105.
(a) ELECTRONIC SURVEILLANCE.—Section 105(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1805(e)) is amended—
(1) in paragraph (1)(B), by striking “, as defined in section 101(b)(1)(A)”
and inserting “who is not a United States person”; and
(2) in subsection (2)(B), by striking “as defined in section 101(b)(1)(A)”
and inserting “who is not a United States person”.
(b) PHYSICAL SEARCH.—Section 304(d) of such Act (50 U.S.C. §1824(d)) is
amended—
(1) in paragraph (1)(B), by striking “as defined in section 101(b)(1)(A)”
and inserting “who is not a United States person”; and
(2) in paragraph (2), by striking “as defined in section 101(b)(1)(A)” and
inserting “who is not a United States person”.
(c) PEN REGISTERS, TRAP AND TRACE DEVICES.—Section 402(e) of such Act (50
U.S.C. §1842(e)) is amended—
(1) by striking “(e) An” and inserting “(e)(1) Except as provided in
paragraph (2), an”; and
(2) by adding at the end the following new paragraph:
“(2) In the case of an application under subsection (c) where the
applicant has certified that the information likely to be obtained is
foreign intelligence information not concerning a United States person,
an order, or an extension of an order, under this section may be for a
period not to exceed one year.”.
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USA PATRIOT ACT OF 2001
ACCESS TO CERTAIN BUSINESS RECORDS UNDER
SECTION 215 OF THE USA PATRIOT ACT
SEC. 106.
(a) DIRECTOR APPROVAL FOR CERTAIN APPLICATIONS.—Subsection (a) of
section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
§1861(a)) is amended—
(1) in paragraph (1), by striking “The Director” and inserting “Subject to
paragraph (3), the Director”; and
(2) by adding at the end the following:
“(3) In the case of an application for an order requiring the production of
library circulation records, library patron lists, book sales records, book
customer lists, firearms sales records, tax return records, educational
records, or medical records containing information that would identify a
person, the Director of the Federal Bureau of Investigation may delegate
the authority to make such application to either the Deputy Director of
the Federal Bureau of Investigation or the Executive Assistant Director
for National Security (or any successor position). The Deputy Director or
the Executive Assistant Director may not further delegate such
authority.”.
(b) FACTUAL BASIS FOR REQUESTED ORDER.—Subsection (b)(2) of such section
is amended to read as follows:
“(2) shall include—
“(A) a statement of facts showing that there are reasonable
grounds to believe that the tangible things sought are relevant to
an authorized investigation (other than a threat assessment)
conducted in accordance with subsection (a)(2) to obtain foreign
intelligence information not concerning a United States person or
to protect against international terrorism or clandestine
intelligence activities, such things being presumptively relevant
to an authorized investigation if the applicant shows in the
statement of the facts that they pertain to—
“(i) a foreign power or an agent of a foreign power;
“(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized
investigation; or
“(iii) an individual in contact with, or known to, a
suspected agent of a foreign power who is the subject of
such authorized investigation; and
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“(B) an enumeration of the minimization procedures adopted by
the Attorney General under subsection (g) that are applicable to
the retention and dissemination by the Federal Bureau of
Investigation of any tangible things to be made available to the
Federal Bureau of Investigation based on the order requested in
such application.”.
(c) CLARIFICATION OF JUDICIAL DISCRETION.—Subsection (c)(1) of such section
is amended to read as follows:
“(c)(1) Upon an application made pursuant to this section, if the judge finds that
the application meets the requirements of subsections (a) and (b), the judge shall
enter an ex parte order as requested, or as modified, approving the release of
tangible things. Such order shall direct that minimization procedures adopted
pursuant to subsection (g) be followed.”.
(d) ADDITIONAL PROTECTIONS.—Subsection (c)(2) of such section is amended to
read as follows:
“(2) An order under this subsection—
“(A) shall describe the tangible things that are ordered to be
produced with sufficient particularity to permit them to be fairly
identified;
“(B) shall include the date on which the tangible things must be
provided, which shall allow a reasonable period of time within
which the tangible things can be assembled and made available;
“(C) shall provide clear and conspicuous notice of the principles
and procedures described in subsection (d);
“(D) may only require the production of a tangible thing if such
thing can be obtained with a subpoena duces tecum issued by a
court of the United States in aid of a grand jury investigation or
with any other order issued by a court of the United States
directing the production of records or tangible things; and
“(E) shall not disclose that such order is issued for purposes of
an investigation described in subsection (a).”.
(e) PROHIBITIONS ON DISCLOSURE.—Subsection (d) of such section is amended
to read as follows:
“(d)(1) No person shall disclose to any other person that the Federal Bureau of
Investigation has sought or obtained tangible things pursuant to an order under
this section, other than to—
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“(A) those persons to whom disclosure is necessary to comply
with such order;
“(B) an attorney to obtain legal advice or assistance with respect
to the production of things in response to the order; or
“(C) other persons as permitted by the Director of the Federal
Bureau of Investigation or the designee of the Director.
“(2)(A) A person to whom disclosure is made pursuant to paragraph (1)
shall be subject to the nondisclosure requirements applicable to a person
to whom an order is directed under this section in the same manner as
such person.
“(B) Any person who discloses to a person described in
subparagraph (A), (B), or (C) of paragraph (1) that the Federal
Bureau of Investigation has sought or obtained tangible things
pursuant to an order under this section shall notify such person
of the nondisclosure requirements of this subsection.
“(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making
or intending to make a disclosure under this section shall identify
to the Director or such designee the person to whom such
disclosure will be made or to whom such disclosure was made
prior to the request, but in no circumstance shall a person be
required to inform the Director or such designee that the person
intends to consult an attorney to obtain legal advice or legal
assistance.”.
(f) JUDICIAL REVIEW.—
(1) PETITION REVIEW POOL.—Section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1803) is amended by adding at the
end the following new subsection:
“(e)(1) Three judges designated under subsection (a) who reside within 20 miles
of the District of Columbia, or, if all of such judges are unavailable, other judges
of the court established under subsection (a) as may be designated by the
presiding judge of such court, shall comprise a petition review pool which shall
have jurisdiction to review petitions filed pursuant to section 501(f)(1).
“(2) Not later than 60 days after the date of the enactment of the USA
PATRIOT Improvement and Reauthorization Act of 2005, the court
established under subsection (a) shall adopt and, consistent with the
protection of national security, publish procedures for the review of
petitions filed pursuant to section 501(f)(1) by the panel established
under paragraph (1). Such procedures shall provide that review of a
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USA PATRIOT ACT OF 2001
petition shall be conducted in camera and shall also provide for the
designation of an acting presiding judge.”.
(2) PROCEEDINGS.—Section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. §1861) is further amended by adding at the end
the following new subsection:
“(f)(1) A person receiving an order to produce any tangible thing under this
section may challenge the legality of that order by filing a petition with the pool
established by section 103(e)(1). The presiding judge shall immediately assign
the petition to one of the judges serving in such pool. Not later than 72 hours
after the assignment of such petition, the assigned judge shall conduct an initial
review of the petition. If the assigned judge determines that the petition is
frivolous, the assigned judge shall immediately deny the petition and affirm the
order. If the assigned judge determines the petition is not frivolous, the assigned
judge shall promptly consider the petition in accordance with the procedures
established pursuant to section 103(e)(2). The judge considering the petition may
modify or set aside the order only if the judge finds that the order does not meet
the requirements of this section or is otherwise unlawful. If the judge does not
modify or set aside the order, the judge shall immediately affirm the order and
order the recipient to comply therewith. The assigned judge shall promptly
provide a written statement for the record of the reasons for any determination
under this paragraph.
“(2) A petition for review of a decision to affirm, modify, or set aside an
order by the United States or any person receiving such order shall be to
the court of review established under section 103(b), which shall have
jurisdiction to consider such petitions. The court of review shall provide
for the record a written statement of the reasons for its decision and, on
petition of the United States or any person receiving such order for writ
of certiorari, the record shall be transmitted under seal to the Supreme
Court, which shall have jurisdiction to review such decision.
“(3) Judicial proceedings under this subsection shall be concluded as
expeditiously as possible. The record of proceedings, including petitions
filed, orders granted, and statements of reasons for decision, shall be
maintained under security measures established by the Chief Justice of
the United States in consultation with the Attorney General and the
Director of National Intelligence.
“(4) All petitions under this subsection shall be filed under seal. In any
proceedings under this subsection, the court shall, upon request of the
government, review ex parte and in camera any government submission,
or portions thereof, which may include classified information.”.
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USA PATRIOT ACT OF 2001
(g) MINIMIZATION PROCEDURES AND USE OF INFORMATION.—Section 501 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1861) is further
amended by adding at the end the following new subsections:
“(g) MINIMIZATION PROCEDURES.—
“(1) IN GENERAL.—Not later than 180 days after the date of the
enactment of the USA PATRIOT Improvement and Reauthorization Act
of 2005, the Attorney General shall adopt specific minimization
procedures governing the retention and dissemination by the Federal
Bureau of Investigation of any tangible things, or information therein,
received by the Federal Bureau of Investigation in response to an order
under this title.
“(2) DEFINED.—In this section, the term ‘minimization procedures’
means—
“(A) specific procedures that are reasonably designed in light of
the purpose and technique of an order for the production of
tangible things, to minimize the retention, and prohibit the
dissemination, of nonpublicly available information concerning
unconsenting United States persons consistent with the need of
the United States to obtain, produce, and disseminate foreign
intelligence information;
“(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information, as
defined in section 101(e)(1), shall not be disseminated in a
manner that identifies any United States person, without such
person’s consent, unless such person’s identity is necessary to
understand foreign intelligence information or assess its
importance; and
“(C) notwithstanding subparagraphs (A) and (B), procedures that
allow for the retention and dissemination of information that is
evidence of a crime which has been, is being, or is about to be
committed and that is to be retained or disseminated for law
enforcement purposes.
“(h) USE OF INFORMATION.—Information acquired from tangible things received
by the Federal Bureau of Investigation in response to an order under this title
concerning any United States person may be used and disclosed by Federal
officers and employees without the consent of the United States person only in
accordance with the minimization procedures adopted pursuant to subsection (g).
No otherwise privileged information acquired from tangible things received by
the Federal Bureau of Investigation in accordance with the provisions of this title
shall lose its privileged character. No information acquired from tangible things
received by the Federal Bureau of Investigation in response to an order under this
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USA PATRIOT ACT OF 2001
title may be used or disclosed by Federal officers or employees except for lawful
purposes.”.
(h) ENHANCED OVERSIGHT.—Section 502 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1862) is amended—
(1) in subsection (a)—
(A) by striking “semiannual basis” and inserting “annual basis”;
and
(B) by inserting “and the Committee on the Judiciary” after “and
the Select Committee on Intelligence”;
(2) in subsection (b)—
(A) by striking “On a semiannual basis” and all that follows
through “the preceding 6-month period” and inserting “In April
of each year, the Attorney General shall submit to the House and
Senate Committees on the Judiciary and the House Permanent
Select Committee on Intelligence and the Senate Select
Committee on Intelligence a report setting forth with respect to
the preceding calendar year”;
(B) in paragraph (1), by striking “and” at the end;
(C) in paragraph (2), by striking the period at the end and
inserting “; and”; and
(D) by adding at the end the following new paragraph:
“(3) the number of such orders either granted, modified, or denied for the
production of each of the following:
“(A) Library circulation records, library patron lists, book sales
records, or book customer lists.
“(B) Firearms sales records.
“(C) Tax return records.
“(D) Educational records.
“(E) Medical records containing information that would identify
a person.”; and
(3) by adding at the end the following new subsection:
“(c)(1) In April of each year, the Attorney General shall submit to Congress a
report setting forth with respect to the preceding year—
“(A) the total number of applications made for orders approving
requests for the production of tangible things under section 501;
and
“(B) the total number of such orders either granted, modified, or
denied.
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USA PATRIOT ACT OF 2001
“(2) Each report under this subsection shall be submitted in unclassified
form.”.
AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS
FOR FOREIGN INTELLIGENCE PURPOSES
SEC. 106A.
(a) AUDIT.—The Inspector General of the Department of Justice shall perform a
comprehensive audit of the effectiveness and use, including any improper or
illegal use, of the investigative authority provided to the Federal Bureau of
Investigation under title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. §1861 et seq.).
(b) REQUIREMENTS.—The audit required under subsection (a) shall include—
(1) an examination of each instance in which the Attorney General, any
other officer, employee, or agent of the Department of Justice, the
Director of the Federal Bureau of Investigation, or a designee of the
Director, submitted an application to the Foreign Intelligence
Surveillance Court (as such term is defined in section 301(3) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1821(3))) for
an order under section 501 of such Act during the calendar years of 2002
through 2006, including—
(A) whether the Federal Bureau of Investigation requested that
the Department of Justice submit an application and the request
was not submitted to the court (including an examination of the
basis for not submitting the application);
(B) whether the court granted, modified, or denied the
application (including an examination of the basis for any
modification or denial);
(2) the justification for the failure of the Attorney General to issue
implementing procedures governing requests for the production of
tangible things under such section in a timely fashion, including whether
such delay harmed national security;
(3) whether bureaucratic or procedural impediments to the use of such
requests for production prevent the Federal Bureau of Investigation from
taking full advantage of the authorities provided under section 501 of
such Act;
(4) any noteworthy facts or circumstances relating to orders under such
section, including any improper or illegal use of the authority provided
under such section; and
(5) an examination of the effectiveness of such section as an
investigative tool, including—
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USA PATRIOT ACT OF 2001
(A) the categories of records obtained and the importance of the
information acquired to the intelligence activities of the Federal
Bureau of Investigation or any other Department or agency of
the Federal Government;
(B) the manner in which such information is collected, retained,
analyzed, and disseminated by the Federal Bureau of
Investigation, including any direct access to such information
(such as access to “raw data”) provided to any other Department,
agency, or instrumentality of Federal, State, local, or tribal
governments or any private sector entity;
(C) with respect to calendar year 2006, an examination of the
minimization procedures adopted by the Attorney General under
section 501(g) of such Act and whether such minimization
procedures protect the constitutional rights of United States
persons;
(D) whether, and how often, the Federal Bureau of Investigation
utilized information acquired pursuant to an order under section
501 of such Act to produce an analytical intelligence product for
distribution within the Federal Bureau of Investigation, to the
intelligence community (as such term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. §401a(4))), or to
other Federal, State, local, or tribal government Departments,
agencies, or instrumentalities; and
(E) whether, and how often, the Federal Bureau of Investigation
provided such information to law enforcement authorities for use
in criminal proceedings.
(c) SUBMISSION DATES.—
(1) PRIOR YEARS.—Not later than one year after the date of the
enactment of this Act, or upon completion of the audit under this section
for calendar years 2002, 2003, and 2004, whichever is earlier, the
Inspector General of the Department of Justice shall submit to the
Committee on the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on the
Judiciary and the Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this section for
calendar years 2002, 2003, and 2004.
(2) CALENDAR YEARS 2005 AND 2006.—Not later than December 31,
2007, or upon completion of the audit under this section for calendar
years 2005 and 2006, whichever is earlier, the Inspector General of the
Department of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the Select
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USA PATRIOT ACT OF 2001
Committee on Intelligence of the Senate a report containing the results of
the audit conducted under this section for calendar years 2005 and 2006.
(d) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF NATIONAL
INTELLIGENCE; COMMENTS.—
(1) NOTICE.—Not less than 30 days before the submission of a report
under subsection (c)(1) or (c)(2), the Inspector General of the
Department of Justice shall provide such report to the Attorney General
and the Director of National Intelligence.
(2) COMMENTS.—The Attorney General or the Director of National
Intelligence may provide comments to be included in the reports
submitted under subsections (c)(1) and (c)(2) as the Attorney General or
the Director of National Intelligence may consider necessary.
(e) UNCLASSIFIED FORM.—The reports submitted under subsections (c)(1) and
(c)(2) and any comments included under subsection (d)(2) shall be in unclassified
form, but may include a classified annex.
ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY DISCLOSURES
UNDER SECTION 212 OF THE USA PATRIOT ACT
SEC. 107.
(a) ENHANCED OVERSIGHT.—Section 2702 of title 18, United States Code, is
amended by adding at the end the following:
“(d) REPORTING OF EMERGENCY DISCLOSURES.—On an annual basis, the
Attorney General shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a report
containing—
“(1) the number of accounts from which the Department of Justice has
received voluntary disclosures under subsection (b)(8); and
“(2) a summary of the basis for disclosure in those instances where—
“(A) voluntary disclosures under subsection (b)(8) were made to
the Department of Justice; and
“(B) the investigation pertaining to those disclosures was closed
without the filing of criminal charges.”.
(b) TECHNICAL AMENDMENTS TO CONFORM COMMUNICATIONS AND CUSTOMER
RECORDS EXCEPTIONS.—
(1) VOLUNTARY DISCLOSURES.—Section 2702 of title 18, United States
Code, is amended—
(A) in subsection (b)(8), by striking “Federal, State, or local”;
and
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USA PATRIOT ACT OF 2001
(B) by striking paragraph (4) of subsection (c) and inserting the
following:
“(4) to a governmental entity, if the provider, in good faith, believes that
an emergency involving danger of death or serious physical injury to any
person requires disclosure without delay of information relating to the
emergency;”.
(2) DEFINITIONS.—Section 2711 of title 18, United States Code, is
amended—
(A) in paragraph (2), by striking “and” at the end;
(B) in paragraph (3), by striking the period at the end and
inserting “; and”; and
(C) by adding at the end the following:
“(4) the term ‘governmental entity’ means a department or agency of the
United States or any State or political subdivision thereof.”.
(c) ADDITIONAL EXCEPTION.—Section 2702(a) of title 18, United States Code, is
amended by inserting “or (c)” after “Except as provided in subsection (b)”.
MULTIPOINT ELECTRONIC SURVEILLANCE UNDER
SECTION 206 OF THE USA PATRIOT ACT
SEC. 108.
(a) INCLUSION OF SPECIFIC FACTS IN APPLICATION.—
(1) APPLICATION.—Section 104(a)(3) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1804(a)(3)) is amended by
inserting “specific” after “description of the”.
(2) ORDER.—Subsection (c) of section 105 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1805(c)) is amended—
(A) in paragraph (1)(A) by striking “target of the electronic
surveillance” and inserting “specific target of the electronic
surveillance identified or described in the application pursuant to
section 104(a)(3)”; and
(B) in paragraph (2)(B), by striking “where the Court finds” and
inserting “where the Court finds, based upon specific facts
provided in the application,”.
(b) ADDITIONAL DIRECTIONS.—Such subsection is further amended—
(1) by striking “An order approving” and all that follows through
“specify” and inserting “(1) SPECIFICATIONS—An order approving an
electronic surveillance under this section shall specify”;
(2) in paragraph (1)(F), by striking “; and” and inserting a period;
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(3) in paragraph (2), by striking “direct” and inserting “DIRECTIONS—
An order approving an electronic surveillance under this section shall
direct”; and
(4) by adding at the end the following new paragraph:
“(3) SPECIAL DIRECTIONS FOR CERTAIN ORDERS.—An order approving
an electronic surveillance under this section in circumstances where the
nature and location of each of the facilities or places at which the
surveillance will be directed is unknown shall direct the applicant to
provide notice to the court within ten days after the date on which
surveillance begins to be directed at any new facility or place, unless the
court finds good cause to justify a longer period of up to 60 days, of—
“(A) the nature and location of each new facility or place at
which the electronic surveillance is directed;
“(B) the facts and circumstances relied upon by the applicant to
justify the applicant’s belief that each new facility or place at
which the electronic surveillance is directed is or was being
used, or is about to be used, by the target of the surveillance;
“(C) a statement of any proposed minimization procedures that
differ from those contained in the original application or order,
that may be necessitated by a change in the facility or place at
which the electronic surveillance is directed; and
“(D) the total number of electronic surveillances that have been
or are being conducted under the authority of the order.”.
(c) ENHANCED OVERSIGHT.—
(1) REPORT TO CONGRESS.—Section 108(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. §1808(a)(1)) is
amended by inserting “, and the Committee on the Judiciary of the
Senate,” after “Senate Select Committee on Intelligence”.
(2) MODIFICATION OF SEMIANNUAL REPORT REQUIREMENT ON
ACTIVITIES UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.—Paragraph (2) of section 108(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1808(a)) is amended to read as
follows:
“(2) Each report under the first sentence of paragraph (1) shall include a
description of—
“(A) the total number of applications made for orders and
extensions of orders approving electronic surveillance under this
title where the nature and location of each facility or place at
which the electronic surveillance will be directed is unknown;
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“(B) each criminal case in which information acquired under this
Act has been authorized for use at trial during the period covered
by such report; and
“(C) the total number of emergency employments of electronic
surveillance under section 105(f) and the total number of
subsequent orders approving or denying such electronic
surveillance.”.
ENHANCED CONGRESSIONAL OVERSIGHT
SEC. 109.
(a) EMERGENCY PHYSICAL SEARCHES.—Section 306 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1826) is amended—
(1) in the first sentence, by inserting “, and the Committee on the
Judiciary of the Senate,” after “the Senate”;
(2) in the second sentence, by striking “and the Committees on the
Judiciary of the House of Representatives and the Senate” and inserting
“and the Committee on the Judiciary of the House of Representatives”;
(3) in paragraph (2), by striking “and” at the end;
(4) in paragraph (3), by striking the period at the end and inserting “;
and”; and
(5) by adding at the end the following:
“(4) the total number of emergency physical searches authorized by the
Attorney General under section 304(e) and the total number of
subsequent orders approving or denying such physical searches.”.
(b) EMERGENCY PEN REGISTERS AND TRAP AND TRACE DEVICES.—Section
406(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1846(b))
is amended—
(1) in paragraph (1), by striking “and” at the end;
(2) in paragraph (2), by striking the period at the end and inserting “;
and”; and
(3) by adding at the end the following:
“(3) the total number of pen registers and trap and trace devices whose
installation and use was authorized by the Attorney General on an
emergency basis under section 403, and the total number of subsequent
orders approving or denying the installation and use of such pen registers
and trap and trace devices.”.

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(c) ADDITIONAL REPORT.—At the beginning and midpoint of each fiscal year,
the Secretary of Homeland Security shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate, a written report
providing a description of internal affairs operations at U.S. Citizenship and
Immigration Services, including the general state of such operations and a
detailed description of investigations that are being conducted (or that were
conducted during the previous six months) and the resources devoted to such
investigations. The first such report shall be submitted not later than April 1,
2006.
(d) RULES AND PROCEDURES FOR FISA COURTS.—Section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. §1803) is amended by adding at
the end the following:
“(f)(1) The courts established pursuant to subsections (a) and (b) may establish
such rules and procedures, and take such actions, as are reasonably necessary to
administer their responsibilities under this Act.
“(2) The rules and procedures established under paragraph (1), and any
modifications of such rules and procedures, shall be recorded, and shall
be transmitted to the following:
“(A) All of the judges on the court established pursuant to
subsection (a).
“(B) All of the judges on the court of review established
pursuant to subsection (b).
“(C) The Chief Justice of the United States.
“(D) The Committee on the Judiciary of the Senate.
“(E) The Select Committee on Intelligence of the Senate.
“(F) The Committee on the Judiciary of the House of
Representatives.
“(G) The Permanent Select Committee on Intelligence of the
House of Representatives.
“(3) The transmissions required by paragraph (2) shall be submitted in
unclassified form, but may include a classified annex.”.
JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS
SEC. 115.
Chapter 223 of title 18, United States Code, is amended—
(1) by inserting at the end of the table of sections the following new item:
“3511. Judicial review of requests for information.”; and
(2) by inserting after section 3510 the following:
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Ҥ3511. Judicial review of requests for information
“(a) The recipient of a request for records, a report, or other information under
section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947 may, in the United States
district court for the district in which that person or entity does business or
resides, petition for an order modifying or setting aside the request. The court
may modify or set aside the request if compliance would be unreasonable,
oppressive, or otherwise unlawful.
“(b)(1) The recipient of a request for records, a report, or other information under
section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947, may petition any court
described in subsection (a) for an order modifying or setting aside a
nondisclosure requirement imposed in connection with such a request.
“(2) If the petition is filed within one year of the request for records, a
report, or other information under section 2709(b) of this title, section
626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of
the National Security Act of 1947, the court may modify or set aside
such a nondisclosure requirement if it finds that there is no reason to
believe that disclosure may endanger the national security of the United
States, interfere with a criminal, counterterrorism, or counterintelligence
investigation, interfere with diplomatic relations, or endanger the life or
physical safety of any person. If, at the time of the petition, the Attorney
General, Deputy Attorney General, an Assistant Attorney General, or the
Director of the Federal Bureau of Investigation, or in the case of a
request by a department, agency, or instrumentality of the Federal
Government other than the Department of Justice, the head or deputy
head of such department, agency, or instrumentality, certifies that
disclosure may endanger the national security of the United States or
interfere with diplomatic relations, such certification shall be treated as
conclusive unless the court finds that the certification was made in bad
faith.
“(3) If the petition is filed one year or more after the request for records,
a report, or other information under section 2709(b) of this title, section
626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of
the National Security Act of 1947, the Attorney General, Deputy
Attorney General, an Assistant Attorney General, or the Director of the
Federal Bureau of Investigation, or his designee in a position not lower
than Deputy Assistant Director at Bureau headquarters or a Special
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Agent in Charge in a Bureau field office designated by the Director, or in
the case of a request by a department, agency, or instrumentality of the
Federal Government other than the Federal Bureau of Investigation, the
head or deputy head of such department, agency, or instrumentality,
within ninety days of the filing of the petition, shall either terminate the
nondisclosure requirement or re-certify that disclosure may result in a
danger to the national security of the United States, interference with a
criminal, counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or physical
safety of any person. In the event of re-certification, the court may
modify or set aside such a nondisclosure requirement if it finds that there
is no reason to believe that disclosure may endanger the national security
of the United States, interfere with a criminal, counterterrorism, or
counterintelligence investigation, interfere with diplomatic relations, or
endanger the life or physical safety of any person. If the recertification
that disclosure may endanger the national security of the United States or
interfere with diplomatic relations is made by the Attorney General,
Deputy Attorney General, an Assistant Attorney General, or the Director
of the Federal Bureau of Investigation, such certification shall be treated
as conclusive unless the court finds that the recertification was made in
bad faith. If the court denies a petition for an order modifying or setting
aside a nondisclosure requirement under this paragraph, the recipient
shall be precluded for a period of one year from filing another petition to
modify or set aside such nondisclosure requirement.
“(c) In the case of a failure to comply with a request for records, a report, or other
information made to any person or entity under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the
National Security Act of 1947, the Attorney General may invoke the aid of any
district court of the United States within the jurisdiction in which the
investigation is carried on or the person or entity resides, carries on business, or
may be found, to compel compliance with the request. The court may issue an
order requiring the person or entity to comply with the request. Any failure to
obey the order of the court may be punished by the court as contempt thereof.
Any process under this section may be served in any judicial district in which the
person or entity may be found.
“(d) In all proceedings under this section, subject to any right to an open hearing
in a contempt proceeding, the court must close any hearing to the extent
necessary to prevent an unauthorized disclosure of a request for records, a report,
or other information made to any person or entity under section 2709(b) of this
title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the
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National Security Act of 1947. Petitions, filings, records, orders, and subpoenas
must also be kept under seal to the extent and as long as necessary to prevent the
unauthorized disclosure of a request for records, a report, or other information
made to any person or entity under section 2709(b) of this title, section 626(a) or
(b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right
to Financial Privacy Act, or section 802(a) of the National Security Act of 1947.
“(e) In all proceedings under this section, the court shall, upon request of the
government, review ex parte and in camera any government submission or
portions thereof, which may include classified information.”.
CONFIDENTIALITY OF NATIONAL SECURITY LETTERS
SEC. 116.
(a) Section 2709(c) of title 18, United States Code, is amended to read:
“(c) PROHIBITION OF CERTAIN DISCLOSURE.—
“(1) If the Director of the Federal Bureau of Investigation, or his
designee in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director, certifies that otherwise there may
result a danger to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or physical
safety of any person, no wire or electronic communications service
provider, or officer, employee, or agent thereof, shall disclose to any
person (other than those to whom such disclosure is necessary to comply
with the request or an attorney to obtain legal advice or legal assistance
with respect to the request) that the Federal Bureau of Investigation has
sought or obtained access to information or records under this section.
“(2) The request shall notify the person or entity to whom the request is
directed of the nondisclosure requirement under paragraph (1).
“(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such person of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
“(4) At the request of the Director of the Federal Bureau of Investigation
or the designee of the Director, any person making or intending to make
a disclosure under this section shall identify to the Director or such
designee the person to whom such disclosure will be made or to whom
such disclosure was made prior to the request, but in no circumstance
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shall a person be required to inform the Director or such designee that
the person intends to consult an attorney to obtain legal advice or legal
assistance.”.
(b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. §1681u(d)) is
amended to read:
“(d) CONFIDENTIALITY.—
“(1) If the Director of the Federal Bureau of Investigation, or his
designee in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director, certifies that otherwise there may
result a danger to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or physical
safety of any person, no consumer reporting agency or officer, employee,
or agent of a consumer reporting agency shall disclose to any person
(other than those to whom such disclosure is necessary to comply with
the request or an attorney to obtain legal advice or legal assistance with
respect to the request) that the Federal Bureau of Investigation has
sought or obtained the identity of financial institutions or a consumer
report respecting any consumer under subsection (a), (b), or (c), and no
consumer reporting agency or officer, employee, or agent of a consumer
reporting agency shall include in any consumer report any information
that would indicate that the Federal Bureau of Investigation has sought or
obtained such information on a consumer report.
“(2) The request shall notify the person or entity to whom the request is
directed of the nondisclosure requirement under paragraph (1).
“(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
“(4) At the request of the Director of the Federal Bureau of Investigation
or the designee of the Director, any person making or intending to make
a disclosure under this section shall identify to the Director or such
designee the person to whom such disclosure will be made or to whom
such disclosure was made prior to the request, but in no circumstance
shall a person be required to inform the Director or such designee that
the person intends to consult an attorney to obtain legal advice or legal
assistance.”.
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USA PATRIOT ACT OF 2001
(c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. §1681v(c)) is
amended to read:
“(c) CONFIDENTIALITY.—
“(1) If the head of a government agency authorized to conduct
investigations of intelligence or counterintelligence activities or analysis
related to international terrorism, or his designee, certifies that otherwise
there may result a danger to the national security of the United States,
interference with a criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations, or danger to the life
or physical safety of any person, no consumer reporting agency or
officer, employee, or agent of such consumer reporting agency, shall
disclose to any person (other than those to whom such disclosure is
necessary to comply with the request or an attorney to obtain legal advice
or legal assistance with respect to the request), or specify in any
consumer report, that a government agency has sought or obtained access
to information under subsection (a).
“(2) The request shall notify the person or entity to whom the request is
directed of the nondisclosure requirement under paragraph (1).
“(3) Any recipient disclosing to those persons necessary to comply with
the request or to any attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
“(4) At the request of the authorized Government agency, any person
making or intending to make a disclosure under this section shall identify
to the requesting official of the authorized Government agency the
person to whom such disclosure will be made or to whom such
disclosure was made prior to the request, but in no circumstance shall a
person be required to inform such requesting official that the person
intends to consult an attorney to obtain legal advice or legal assistance.”.
(d) Section 1114(a)(3) of the Right to Financial Privacy Act (12 U.S.C.
§3414(a)(3)) is amended to read as follows:
“(3)(A) If the Government authority described in paragraph (1) or the
Secret Service, as the case may be, certifies that otherwise there may
result a danger to the national security of the United States, interference
with a criminal, counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or physical
safety of any person, no financial institution, or officer, employee, or
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agent of such institution, shall disclose to any person (other than those to
whom such disclosure is necessary to comply with the request or an
attorney to obtain legal advice or legal assistance with respect to the
request) that the Government authority or the Secret Service has sought
or obtained access to a customer’s financial records.
“(B) The request shall notify the person or entity to whom the
request is directed of the nondisclosure requirement under
subparagraph (A).
“(C) Any recipient disclosing to those persons necessary to
comply with the request or to an attorney to obtain legal advice
or legal assistance with respect to the request shall inform such
persons of any applicable nondisclosure requirement. Any
person who receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under
subparagraph (A).
“(D) At the request of the authorized Government agency or the
Secret Service, any person making or intending to make a
disclosure under this section shall identify to the requesting
official of the authorized Government agency or the Secret
Service the person to whom such disclosure will be made or to
whom such disclosure was made prior to the request, but in no
circumstance shall a person be required to inform such
requesting official that the person intends to consult an attorney
to obtain legal advice or legal assistance.”.
(e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C.
§3414(a)(5)(D)) is amended to read:
“(D) PROHIBITION OF CERTAIN DISCLOSURE.—
“(i) If the Director of the Federal Bureau of
Investigation, or his designee in a position not lower
than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director, certifies that otherwise there
may result a danger to the national security of the United
States, interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person, no financial institution, or officer,
employee, or agent of such institution, shall disclose to
any person (other than those to whom such disclosure is
necessary to comply with the request or an attorney to
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obtain legal advice or legal assistance with respect to the
request) that the Federal Bureau of Investigation has
sought or obtained access to a customer’s or entity’s
financial records under subparagraph (A).
“(ii) The request shall notify the person or entity to
whom the request is directed of the nondisclosure
requirement under clause (i).
“(iii) Any recipient disclosing to those persons necessary
to comply with the request or to an attorney to obtain
legal advice or legal assistance with respect to the
request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a
disclosure under this subsection shall be subject to the
same prohibitions on disclosure under clause (i).
“(iv) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any
person making or intending to make a disclosure under
this section shall identify to the Director or such
designee the person to whom such disclosure will be
made or to whom such disclosure was made prior to the
request, but in no circumstance shall a person be
required to inform the Director or such designee that the
person intends to consult an attorney to obtain legal
advice or legal assistance.”.
(f) Section 802(b) of the National Security Act of 1947 (50 U.S.C. §436(b)) is
amended to read as follows:
“(b) PROHIBITIONS OF CERTAIN DISCLOSURE.—
“(1) If an authorized investigative agency described in subsection (a)
certifies that otherwise there may result a danger to the national security
of the United States, interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with diplomatic relations,
or danger to the life or physical safety of any person, no governmental or
private entity, or officer, employee, or agent of such entity, may disclose
to any person (other than those to whom such disclosure is necessary to
comply with the request or an attorney to obtain legal advice or legal
assistance with respect to the request) that such entity has received or
satisfied a request made by an authorized investigative agency under this
section.
“(2) The request shall notify the person or entity to whom the request is
directed of the nondisclosure requirement under paragraph (1).
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“(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any applicable
nondisclosure requirement. Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on disclosure
under paragraph (1).
“(4) At the request of the authorized investigative agency, any person
making or intending to make a disclosure under this section shall identify
to the requesting official of the authorized investigative agency the
person to whom such disclosure will be made or to whom such
disclosure was made prior to the request, but in no circumstance shall a
person be required to inform such official that the person intends to
consult an attorney to obtain legal advice or legal assistance.”.
VIOLATIONS OF NONDISCLOSURE PROVISIONS OF
NATIONAL SECURITY LETTERS
SEC. 117.
Section 1510 of title 18, United States Code, is amended by adding at the end the
following:
“(e) Whoever, having been notified of the applicable disclosure prohibitions or
confidentiality requirements of section 2709(c)(1) of this title, section 626(d)(1)
or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. §1681u(d)(1) or
1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial
Privacy Act (12 U.S.C. §3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1)
of the National Security Act of 1947 (50 U.S.C. §436(b)(1)), knowingly and with
the intent to obstruct an investigation or judicial proceeding violates such
prohibitions or requirements applicable by law to such person shall be
imprisoned for not more than five years, fined under this title, or both.”.
REPORTS ON NATIONAL SECURITY LETTERS
SEC. 118.
(a) EXISTING REPORTS.—Any report made to a committee of Congress regarding
national security letters under section 2709(c)(1) of title 18, United States Code,
section 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C. §1681u(d)
or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial
Privacy Act (12 U.S.C. §3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the
National Security Act of 1947 (50 U.S.C. §436(b)) shall also be made to the
Committees on the Judiciary of the House of Representatives and the Senate.
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(b) ENHANCED OVERSIGHT OF FAIR CREDIT REPORTING ACT
COUNTERTERRORISM NATIONAL SECURITY LETTER.—Section 627 of the Fair
Credit Reporting Act (15 U.S.C. §1681(v)) is amended by inserting at the end the
following new subsection:
“(f) REPORTS TO CONGRESS.—(1) On a semi-annual basis, the Attorney General
shall fully inform the Committee on the Judiciary, the Committee on Financial
Services, and the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary, the Committee on Banking,
Housing, and Urban Affairs, and the Select Committee on Intelligence of the
Senate concerning all requests made pursuant to subsection (a).
“(2) In the case of the semiannual reports required to be submitted under
paragraph (1) to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate, the submittal dates for such reports shall be as provided in
section 507 of the National Security Act of 1947 (50 U.S.C. §415b).”.
(c) REPORT ON REQUESTS FOR NATIONAL SECURITY LETTERS.—
(1) IN GENERAL.—In April of each year, the Attorney General shall
submit to Congress an aggregate report setting forth with respect to the
preceding year the total number of requests made by the Department of
Justice for information concerning different United States persons
under—
(A) section 2709 of title 18, United States Code (to access
certain communication service provider records), excluding the
number of requests for subscriber information;
(B) section 1114 of the Right to Financial Privacy Act (12
U.S.C. §3414) (to obtain financial institution customer records);
(C) section 802 of the National Security Act of 1947 (50 U.S.C.
§436) (to obtain financial information, records, and consumer
reports);
(D) section 626 of the Fair Credit Reporting Act (15 U.S.C.
§1681u) (to obtain certain financial information and consumer
reports); and
(E) section 627 of the Fair Credit Reporting Act (15 U.S.C.
§1681v) (to obtain credit agency consumer records for
counterterrorism investigations).
(2) UNCLASSIFIED FORM.—The report under this section shall be
submitted in unclassified form.
(d) NATIONAL SECURITY LETTER DEFINED.—In this section, the term “national
security letter” means a request for information under one of the following
provisions of law:
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(1) Section 2709(a) of title 18, United States Code (to access certain
communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12
U.S.C. §3414(a)(5)(A)) (to obtain financial institution customer records).
(3) Section 802 of the National Security Act of 1947 (50 U.S.C. §436)
(to obtain financial information, records, and consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. §1681u) (to
obtain certain financial information and consumer reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. §1681v) (to
obtain credit agency consumer records for counterterrorism
investigations).
AUDIT OF USE OF NATIONAL SECURITY LETTERS
SEC. 119.
(a) AUDIT.—The Inspector General of the Department of Justice shall perform an
audit of the effectiveness and use, including any improper or illegal use, of
national security letters issued by the Department of Justice.
(b) REQUIREMENTS.—The audit required under subsection (a) shall include—
(1) an examination of the use of national security letters by the
Department of Justice during calendar years 2003 through 2006;
(2) a description of any noteworthy facts or circumstances relating to
such use, including any improper or illegal use of such authority; and
(3) an examination of the effectiveness of national security letters as an
investigative tool, including—
(A) the importance of the information acquired by the
Department of Justice to the intelligence activities of the
Department of Justice or to any other department or agency of
the Federal Government;
(B) the manner in which such information is collected, retained,
analyzed, and disseminated by the Department of Justice,
including any direct access to such information (such as access
to “raw data”) provided to any other department, agency, or
instrumentality of Federal, State, local, or tribal governments or
any private sector entity;
(C) whether, and how often, the Department of Justice utilized
such information to produce an analytical intelligence product
for distribution within the Department of Justice, to the
intelligence community (as such term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. §401a(4))), or to
other Federal, State, local, or tribal government departments,
agencies, or instrumentalities;
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USA PATRIOT ACT OF 2001
(D) whether, and how often, the Department of Justice provided
such information to law enforcement authorities for use in
criminal proceedings;
(E) with respect to national security letters issued following the
date of the enactment of this Act, an examination of the number
of occasions in which the Department of Justice, or an officer or
employee of the Department of Justice, issued a national security
letter without the certification necessary to require the recipient
of such letter to comply with the nondisclosure and
confidentiality requirements potentially applicable under law;
and
(F) the types of electronic communications and transactional
information obtained through requests for information under
section 2709 of title 18, United States Code, including the types
of dialing, routing, addressing, or signaling information
obtained, and the procedures the Department of Justice uses if
content information is obtained through the use of such
authority.
(c) SUBMISSION DATES.—
(1) PRIOR YEARS.—Not later than one year after the date of the
enactment of this Act, or upon completion of the audit under this section
for calendar years 2003 and 2004, whichever is earlier, the Inspector
General of the Department of Justice shall submit to the Committee on
the Judiciary and the Permanent Select Committee on Intelligence of the
House of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report containing the
results of the audit conducted under this subsection for calendar years
2003 and 2004.
(2) CALENDAR YEARS 2005 AND 2006.—Not later than December 31,
2007, or upon completion of the audit under this subsection for calendar
years 2005 and 2006, whichever is earlier, the Inspector General of the
Department of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate a report containing the results of
the audit conducted under this subsection for calendar years 2005 and
2006.
(d) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF NATIONAL
INTELLIGENCE; COMMENTS.—
(1) NOTICE.—Not less than 30 days before the submission of a report
under subsection (c)(1) or (c)(2), the Inspector General of the
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USA PATRIOT ACT OF 2001
Department of Justice shall provide such report to the Attorney General
and the Director of National Intelligence.
(2) COMMENTS.—The Attorney General or the Director of National
Intelligence may provide comments to be included in the reports
submitted under subsection (c)(1) or (c)(2) as the Attorney General or the
Director of National Intelligence may consider necessary.
(e) UNCLASSIFIED FORM.—The reports submitted under subsection (c)(1) or
(c)(2) and any comments included under subsection (d)(2) shall be in unclassified
form, but may include a classified annex.
(f) MINIMIZATION PROCEDURES FEASIBILITY.—Not later than February 1, 2007,
or upon completion of review of the report submitted under subsection (c)(1),
whichever is earlier, the Attorney General and the Director of National
Intelligence shall jointly submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of Representatives and
the Committee on the Judiciary and the Select Committee on Intelligence of the
Senate a report on the feasibility of applying minimization procedures in the
context of national security letters to ensure the protection of the constitutional
rights of United States persons.
(g) NATIONAL SECURITY LETTER DEFINED.—In this section, the term “national
security letter” means a request for information under one of the following
provisions of law:
(1) Section 2709(a) of title 18, United States Code (to access certain
communication service provider records).
(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12
U.S.C. §3414(a)(5)(A)) (to obtain financial institution customer records).
(3) Section 802 of the National Security Act of 1947 (50 U.S.C. §436)
(to obtain financial information, records, and consumer reports).
(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. §1681u) (to
obtain certain financial information and consumer reports).
(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. §1681v) (to
obtain credit agency consumer records for counterterrorism
investigations).
USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLOSURE OF
ADDITIONAL INFORMATION IN CONNECTION WITH ORDERS FOR PEN
REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA
SEC. 128.
(a) RECORDS.—Section 402(d)(2) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. §1842(d)(2)) is amended—
(1) in subparagraph (A)—
(A) in clause (ii), by adding “and” at the end; and
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USA PATRIOT ACT OF 2001
(B) in clause (iii), by striking the period at the end and inserting
a semicolon;
(2) in subparagraph (B)(iii), by striking the period at the end and
inserting “; and”; and
(3) by adding at the end the following:
“(C) shall direct that, upon the request of the applicant, the
provider of a wire or electronic communication service shall
disclose to the Federal officer using the pen register or trap and
trace device covered by the order—
“(i) in the case of the customer or subscriber using the
service covered by the order (for the period specified by
the order)—
“(I) the name of the customer or subscriber;
“(II) the address of the customer or subscriber;
“(III) the telephone or instrument number, or
other subscriber number or identifier, of the
customer or subscriber, including any
temporarily assigned network address or
associated routing or transmission information;
“(IV) the length of the provision of service by
such provider to the customer or subscriber and
the types of services utilized by the customer or
subscriber;
“(V) in the case of a provider of local or long
distance telephone service, any local or long
distance telephone records of the customer or
subscriber;
“(VI) if applicable, any records reflecting period
of usage (or sessions) by the customer or
subscriber; and
“(VII) any mechanisms and sources of payment
for such service, including the number of any
credit card or bank account utilized for payment
for such service; and
“(ii) if available, with respect to any customer or
subscriber of incoming or outgoing communications to
or from the service covered by the order—
“(I) the name of such customer or subscriber;
“(II) the address of such customer or subscriber;
“(III) the telephone or instrument number, or
other subscriber number or identifier, of such
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USA PATRIOT ACT OF 2001
customer or subscriber, including any
temporarily assigned network address or
associated routing or transmission information;
and
“(IV) the length of the provision of service by
such provider to such customer or subscriber and
the types of services utilized by such customer
or subscriber.”.
(b) ENHANCED OVERSIGHT.—Section 406(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. §1846(a)) is amended by inserting “, and the
Committee on the Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate,” after “of the Senate”.

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USA PATRIOT ACT OF 2001

424

DETAINEE TREATMENT ACT OF 2005
DETAINEE TREATMENT ACT OF 2005
Title X of Division A of the Defense Appropriations Act of Fiscal Year 2006
(Public Law 109-148 of December 30, 2007; 119 STAT. 2739)

TITLE X—MATTERS RELATING TO DETAINEES
SHORT TITLE
SECTION. 1001.
This title may be cited as the “Detainee Treatment Act of 2005”.
UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS
UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE
SEC. 1002.
(a) IN GENERAL.—No person in the custody or under the effective control of the
Department of Defense or under detention in a Department of Defense facility
shall be subject to any treatment or technique of interrogation not authorized by
and listed in the United States Army Field Manual on Intelligence Interrogation.
(b) APPLICABILITY.—Subsection (a) shall not apply with respect to any person in
the custody or under the effective control of the Department of Defense pursuant
to a criminal law or immigration law of the United States.
(c) CONSTRUCTION.—Nothing in this section shall be construed to affect the
rights under the United States Constitution of any person in the custody or under
the physical jurisdiction of the United States.
PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR
PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL
OF THE UNITED STATES GOVERNMENT
SEC. 1003.
(a) IN GENERAL.—No individual in the custody or under the physical control of
the United States Government, regardless of nationality or physical location,
shall be subject to cruel, inhuman, or degrading treatment or punishment.
(b) CONSTRUCTION.—Nothing in this section shall be construed to impose any
geographical limitation on the applicability of the prohibition against cruel,
inhuman, or degrading treatment or punishment under this section.
(c) LIMITATION ON SUPERSEDURE.—The provisions of this section shall not be
superseded, except by a provision of law enacted after the date of the enactment
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DETAINEE TREATMENT ACT OF 2005
of this Act which specifically repeals, modifies, or supersedes the provisions of
this section.
(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT
DEFINED.—In this section, the term “cruel, inhuman, or degrading treatment or
punishment” means the cruel, unusual, and inhumane treatment or punishment
prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution
of the United States, as defined in the United States Reservations, Declarations
and Understandings to the United Nations Convention Against Torture and Other
Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New
York, December 10, 1984.
PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL
ENGAGED IN AUTHORIZED INTERROGATIONS 1
SEC. 1004.
(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.— In any civil
action or criminal prosecution against an officer, employee, member of the
Armed Forces, or other agent of the United States Government who is a United
States person, arising out of the officer, employee, member of the Armed Forces,
or other agent’s engaging in specific operational practices, that involve detention
and interrogation of aliens who the President or his designees have determined
are believed to be engaged in or associated with international terrorist activity
that poses a serious, continuing threat to the United States, its interests, or its
allies, and that were officially authorized and determined to be lawful at the time
that they were conducted, it shall be a defense that such officer, employee,
member of the Armed Forces, or other agent did not know that the practices were
unlawful and a person of ordinary sense and understanding would not know the
practices were unlawful. Good faith reliance on advice of counsel should be an
important factor, among others, to consider in assessing whether a person of
ordinary sense and understanding would have known the practices to be
unlawful. Nothing in this section shall be construed to limit or extinguish any
1

Sec. 9(b) of the Military Commissions Act of 2006 makes the following statement:
“Protection of Personnel - Sec. 1004 of the Detainee Treatment Act of 2005 (42 U.S.C.
2000dd-1) shall apply with respect to any criminal prosecution that –
(1) relates to the detention and interrogation of aliens described in such
section;
(2) is grounded in section 2441(c)(3) of title 18, United States Code; and
(3) relates to actions occurring between September 11, 2001, and December
30, 2005.

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DETAINEE TREATMENT ACT OF 2005
defense or protection otherwise available to any person or entity from suit, civil
or criminal liability, or damages, or to provide immunity from prosecution for
any criminal offense by the proper authorities.
(b) COUNSEL.—The United States Government shall provide or employ counsel,
and pay counsel fees, court costs, bail, and other expenses incident to the
representation of an officer, employee, member of the Armed Forces, or other
agent described in subsection (a), with respect to any civil action or criminal
prosecution or investigation arising out of practices described in that subsection
whether before United States courts or agencies, foreign courts or agencies, or
international courts or agencies, under the same conditions, and to the same
extent, to which such services and payments are authorized under section 1037 of
title 10, United States Code.
PROCEDURES FOR STATUS REVIEW OF DETAINEES
OUTSIDE OF THE UNITED STATES
SEC. 1005.
(a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW OF DETAINEES AT
GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND IRAQ.—
(1) IN GENERAL.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services and the Committee on the Judiciary of the
Senate and the Committee on Armed Services and the Committee on the
Judiciary of the House of Representatives a report setting forth—
(A) the procedures of the Combatant Status Review Tribunals
and the Administrative Review Boards established by direction
of the Secretary of Defense that are in operation at Guantanamo
Bay, Cuba, for determining the status of the detainees held at
Guantanamo Bay or to provide an annual review to determine
the need to continue to detain an alien who is a detainee; and
(B) the procedures in operation in Afghanistan and Iraq for a
determination of the status of aliens detained in the custody or
under the physical control of the Department of Defense in those
countries.
(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures submitted to
Congress pursuant to paragraph (1)(A) shall ensure that the official of the
Department of Defense who is designated by the President or Secretary
of Defense to be the final review authority within the Department of
Defense with respect to decisions of any such tribunal or board (referred
to as the “Designated Civilian Official”) shall be a civilian officer of the
Department of Defense holding an office to which appointments are
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DETAINEE TREATMENT ACT OF 2005
required by law to be made by the President, by and with the advice and
consent of the Senate.
(3) CONSIDERATION OF NEW EVIDENCE.—The procedures submitted
under paragraph (1)(A) shall provide for periodic review of any new
evidence that may become available relating to the enemy combatant
status of a detainee.
(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.—
(1) ASSESSMENT.—The procedures submitted to Congress pursuant to
subsection (a)(1)(A) shall ensure that a Combatant Status Review
Tribunal or Administrative Review Board, or any similar or successor
administrative tribunal or board, in making a determination of status or
disposition of any detainee under such procedures, shall, to the extent
practicable, assess—
(A) whether any statement derived from or relating to such
detainee was obtained as a result of coercion; and
(B) the probative value (if any) of any such statement.
(2) APPLICABILITY.—Paragraph (1) applies with respect to any
proceeding beginning on or after the date of the enactment of this Act.
(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary of Defense
shall submit to the committees specified in subsection (a)(1) a report on any
modification of the procedures submitted under subsection (a). Any such report
shall be submitted not later than 60 days before the date on which such
modification goes into effect.
(d) ANNUAL REPORT.—
(1) REPORT REQUIRED.—The Secretary of Defense shall submit to
Congress an annual report on the annual review process for aliens in the
custody of the Department of Defense outside the United States. Each
such report shall be submitted in unclassified form, with a classified
annex, if necessary. The report shall be submitted not later than
December 31 each year.
(2) ELEMENTS OF REPORT.—Each such report shall include the following
with respect to the year covered by the report:
(A) The number of detainees whose status was reviewed.
(B) The procedures used at each location.
(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—
(1) IN GENERAL.—Section 2241 of title 28, United States Code, is
amended by adding at the end the following:
“(e) Except as provided in section 1005 of the Detainee Treatment Act of 2005,
no court, justice, or judge shall have jurisdiction to hear or consider—

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DETAINEE TREATMENT ACT OF 2005
“(1) an application for a writ of habeas corpus filed by or on behalf of an
alien detained by the Department of Defense at Guantanamo Bay, Cuba;
or
“(2) any other action against the United States or its agents relating to
any aspect of the detention by the Department of Defense of an alien at
Guantanamo Bay, Cuba, who—
“(A) is currently in military custody; or
“(B) has been determined by the United States Court of Appeals
for the District of Columbia Circuit in accordance with the
procedures set forth in section 1005(e) of the Detainee Treatment
Act of 2005 to have been properly detained as an enemy
combatant.”.
(2) REVIEW OF DECISION OF COMBATANT STATUS REVIEW TRIBUNALS
OF PROPRIETY OF DETENTION.—
(A) IN GENERAL.—Subject to subparagraphs (B), (C), and (D),
the United States Court of Appeals for the District of Columbia
Circuit shall have exclusive jurisdiction to determine the validity
of any final decision of a Combatant Status Review Tribunal that
an alien is properly detained as an enemy combatant.
(B) LIMITATION ON CLAIMS.—The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
under this paragraph shall be limited to claims brought by or on
behalf of an alien—
(i) who is, at the time a request for review by such court
is filed, detained by the United States; and
(ii) for whom a Combatant Status Review Tribunal has
been conducted, pursuant to applicable procedures
specified by the Secretary of Defense.
(C) SCOPE OF REVIEW.—The jurisdiction of the United States
Court of Appeals for the District of Columbia Circuit on any
claims with respect to an alien under this paragraph shall be
limited to the consideration of—
(i) whether the status determination of the Combatant
Status Review Tribunal with regard to such alien was
consistent with the standards and procedures specified
by the Secretary of Defense for Combatant Status
Review Tribunals (including the requirement that the
conclusion of the Tribunal be supported by a
preponderance of the evidence and allowing a rebuttable
presumption in favor of the Government’s evidence);
and
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DETAINEE TREATMENT ACT OF 2005
(ii) to the extent the Constitution and laws of the United
States are applicable, whether the use of such standards
and procedures to make the determination is consistent
with the Constitution and laws of the United States.
(D) TERMINATION OR RELEASE FROM CUSTODY.—The
jurisdiction of the United States Court of Appeals for the District
of Columbia Circuit with respect to the claims of an alien under
this paragraph shall cease upon the release of such alien from the
custody of the Department of Defense.
(3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS.—
(A) IN GENERAL.—Subject to subparagraphs (B), (C), and (D),
the United States Court of Appeals for the District of Columbia
Circuit shall have exclusive jurisdiction to determine the validity
of any final decision rendered pursuant to Military Commission
Order No. 1, dated August 31, 2005 (or any successor military
order).
(B) GRANT OF REVIEW.—Review under this paragraph—
(i) with respect to a capital case or a case in which the
alien was sentenced to a term of imprisonment of 10
years or more, shall be as of right; or
(ii) with respect to any other case, shall be at the
discretion of the United States Court of Appeals for the
District of Columbia Circuit.
(C) LIMITATION ON APPEALS.—The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
under this paragraph shall be limited to an appeal brought by or
on behalf of an alien—
(i) who was, at the time of the proceedings pursuant to
the military order referred to in subparagraph (A),
detained by the Department of Defense at Guantanamo
Bay, Cuba; and
(ii) for whom a final decision has been rendered pursuant
to such military order.
(D) SCOPE OF REVIEW.—The jurisdiction of the United States
Court of Appeals for the District of Columbia Circuit on an
appeal of a final decision with respect to an alien under this
paragraph shall be limited to the consideration of—
(i) whether the final decision was consistent with the
standards and procedures specified in the military order
referred to in subparagraph (A); and
(ii) to the extent the Constitution and laws of the United
States are applicable, whether the use of such standards
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DETAINEE TREATMENT ACT OF 2005
and procedures to reach the final decision is consistent
with the Constitution and laws of the United States.
(4) RESPONDENT.—The Secretary of Defense shall be the named
respondent in any appeal to the United States Court of Appeals for the
District of Columbia Circuit under this subsection.
(f) CONSTRUCTION.—Nothing in this section shall be construed to confer any
constitutional right on an alien detained as an enemy combatant outside the
United States.
(g) UNITED STATES DEFINED.—For purposes of this section, the term “United
States”, when used in a geographic sense, is as defined in section 101(a)(38) of
the Immigration and Nationality Act and, in particular, does not include the
United States Naval Station, Guantanamo Bay, Cuba.
(h) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall take effect on the date of the
enactment of this Act.
(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY
COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection (e) shall
apply with respect to any claim whose review is governed by one of such
paragraphs and that is pending on or after the date of the enactment of
this Act.
TRAINING OF IRAQI FORCES REGARDING TREATMENT OF DETAINEES
SEC. 1006.
(a) REQUIRED POLICIES.—
(1) IN GENERAL.—The Secretary of Defense shall ensure that policies
are prescribed regarding procedures for military and civilian personnel of
the Department of Defense and contractor personnel of the Department
of Defense in Iraq that are intended to ensure that members of the Armed
Forces, and all persons acting on behalf of the Armed Forces or within
facilities of the Armed Forces, ensure that all personnel of Iraqi military
forces who are trained by Department of Defense personnel and
contractor personnel of the Department of Defense receive training
regarding the international obligations and laws applicable to the humane
detention of detainees, including protections afforded under the Geneva
Conventions and the Convention Against Torture.
(2) ACKNOWLEDGEMENT OF TRAINING.—The Secretary shall ensure
that, for all personnel of the Iraqi Security Forces who are provided
training referred to in paragraph (1), there is documented
acknowledgment of such training having been provided.

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DETAINEE TREATMENT ACT OF 2005
(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies required
by paragraph (1) shall be prescribed not later than 180 days after the date
of the enactment of this Act.
(b) ARMY FIELD MANUAL.—
(1) TRANSLATION.—The Secretary of Defense shall provide for the
United States Army Field Manual on Intelligence Interrogation to be
translated into Arabic and any other language the Secretary determines
appropriate for use by members of the Iraqi military forces.
(2) DISTRIBUTION.—The Secretary of Defense shall provide for such
manual, as translated, to be provided to each unit of the Iraqi military
forces trained by Department of Defense personnel or contractor
personnel of the Department of Defense.
(c) TRANSMITTAL OF REGULATIONS.—Not less than 30 days after the date on
which regulations, policies, and orders are first prescribed under subsection (a),
the Secretary of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of Representatives
copies of such regulations, policies, or orders, together with a report on steps
taken to the date of the report to implement this section.
(d) ANNUAL REPORT.—Not less than one year after the date of the enactment of
this Act, and annually thereafter, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the implementation of this
section. This division may be cited as the “Department of Defense
Appropriations Act, 2006”.

432

MILITARY COMMISSIONS ACT OF 2006
MILITARY COMMISSIONS ACT OF 2006
(Public Law 109-366 of October 17, 2006; 120 STAT. 2600)

AN ACT To authorize trial by military commission for violations of the law of
war, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE; TABLE OF CONTENTS
SECTION 1.
(a) SHORT TITLE.—This Act may be cited as the “Military Commissions Act of
2006”.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
SEC. 1.
SEC. 2.
SEC. 3.
SEC. 4.
SEC. 5.
SEC. 6.
SEC. 7.
SEC. 8.
SEC. 9.
SEC. 10.

Short title; table of contents.
Construction of Presidential authority to establish military
commissions.
Military commissions.
Amendments to Uniform Code of Military Justice.
Treaty obligations not establishing grounds for certain claims.
Implementation of treaty obligations.
Habeas corpus matters.
Revisions to Detainee Treatment Act of 2005 relating to protection of
certain United States Government personnel.
Review of judgments of military commissions.
Detention covered by review of decisions of Combatant Status Review
Tribunals of propriety of detention.

CONSTRUCTION OF PRESIDENTIAL AUTHORITY
TO ESTABLISH MILITARY COMMISSIONS
SEC. 2.
The authority to establish military commissions under chapter 47A of title 10,
United States Code, as added by section 3(a), may not be construed to alter or
limit the authority of the President under the Constitution of the United States
and laws of the United States to establish military commissions for areas declared
to be under martial law or in occupied territories should circumstances so require.

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MILITARY COMMISSIONS ACT OF 2006
MILITARY COMMISSIONS
SEC. 3.
(a) MILITARY COMMISSIONS.—
(1) IN GENERAL.—Subtitle A of title 10, United States Code, is amended by
inserting after chapter 47 the following new chapter:
“CHAPTER 47A—MILITARY COMMISSIONS
“Subchapter
“I. General Provisions.......................................................................................948a
“II. Composition of Military Commissions......................................................948h
“III. Pre-Trial Procedure ..................................................................................948q
“IV. Trial Procedure..........................................................................................949a
“V. Sentences....................................................................................................949s
“VI. Post-Trial Procedure and Review of Military Commissions....................950a
“VII. Punitive Matters.......................................................................................950p
“SUBCHAPTER I—GENERAL PROVISIONS
“Sec.
“948a.
Definitions.
“948b.
Military commissions generally.
“948c.
Persons subject to military commissions.
“948d.
Jurisdiction of military commissions.
“948e.
Annual report to congressional committees.
Ҥ948a. DEFINITIONS.
“In this chapter:
“(1) UNLAWFUL ENEMY COMBATANT.—
(A) The term ‘unlawful enemy combatant’ means—
“(i) a person who has engaged in hostilities or who has
purposefully and materially supported hostilities against
the United States or its co-belligerents who is not a
lawful enemy combatant (including a person who is part
of the Taliban, al Qaeda, or associated forces); or
“(ii) a person who, before, on, or after the date of the
enactment of the Military Commissions Act of 2006, has
been determined to be an unlawful enemy combatant by
a Combatant Status Review Tribunal or another
competent tribunal established under the authority of the
President or the Secretary of Defense.
“(B) CO-BELLIGERENT.—In this paragraph, the term
‘cobelligerent’, with respect to the United States, means any
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MILITARY COMMISSIONS ACT OF 2006
State or armed force joining and directly engaged with the
United States in hostilities or directly supporting hostilities
against a common enemy.
“(2) LAWFUL ENEMY COMBATANT.—The term ‘lawful enemy
combatant’ means a person who is—
“(A) a member of the regular forces of a State party engaged in
hostilities against the United States;
“(B) a member of a militia, volunteer corps, or organized
resistance movement belonging to a State party engaged in such
hostilities, which are under responsible command, wear a fixed
distinctive sign recognizable at a distance, carry their arms
openly, and abide by the law of war; or
“(C) a member of a regular armed force who professes allegiance
to a government engaged in such hostilities, but not recognized
by the United States.
“(3) ALIEN.—The term ‘alien’ means a person who is not a citizen of the
United States.
“(4) CLASSIFIED INFORMATION.—The term ‘classified information’
means the following:
“(A) Any information or material that has been determined by
the United States Government pursuant to statute, Executive
order, or regulation to require protection against unauthorized
disclosure for reasons of national security.
“(B) Any restricted data, as that term is defined in section 11 y.
of the Atomic Energy Act of 1954 (42 U.S.C. §2014(y)).
“(5) GENEVA CONVENTIONS.—The term ‘Geneva Conventions’ means
the international conventions signed at Geneva on August 12, 1949.
Ҥ948b. MILITARY COMMISSIONS GENERALLY.
“(a) PURPOSE.—This chapter establishes procedures governing the use of
military commissions to try alien unlawful enemy combatants engaged in
hostilities against the United States for violations of the law of war and other
offenses triable by military commission.
“(b) AUTHORITY FOR MILITARY COMMISSIONS UNDER THIS CHAPTER.—The
President is authorized to establish military commissions under this chapter for
offenses triable by military commission as provided in this chapter.
“(c) CONSTRUCTION OF PROVISIONS.—The procedures for military commissions
set forth in this chapter are based upon the procedures for trial by general courtsmartial under chapter 47 of this title (the Uniform Code of Military Justice).
Chapter 47 of this title does not, by its terms, apply to trial by military
commission except as specifically provided in this chapter. The judicial
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MILITARY COMMISSIONS ACT OF 2006
construction and application of that chapter are not binding on military
commissions established under this chapter.
“(d) INAPPLICABILITY OF CERTAIN PROVISIONS.—
(1) The following provisions of this title shall not apply to trial by
military commission under this chapter:
“(A) Section 810 (article 10 of the Uniform Code of Military
Justice), relating to speedy trial, including any rule of courtsmartial relating to speedy trial.
“(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of
the Uniform Code of Military Justice), relating to compulsory
self-incrimination.
“(C) Section 832 (article 32 of the Uniform Code of Military
Justice), relating to pretrial investigation.
“(2) Other provisions of chapter 47 of this title shall apply to trial by
military commission under this chapter only to the extent provided by
this chapter.
“(e) TREATMENT OF RULINGS AND PRECEDENTS.—The findings, holdings,
interpretations, and other precedents of military commissions under this chapter
may not be introduced or considered in any hearing, trial, or other proceeding of
a court-martial convened under chapter 47 of this title. The findings, holdings,
interpretations, and other precedents of military commissions under this chapter
may not form the basis of any holding, decision, or other determination of a
court-martial convened under that chapter.
“(f) STATUS OF COMMISSIONS UNDER COMMON ARTICLE 3.— A military
commission established under this chapter is a regularly constituted court,
affording all the necessary ‘judicial guarantees which are recognized as
indispensable by civilized peoples’ for purposes of common Article 3 of the
Geneva Conventions.
“(g) GENEVA CONVENTIONS NOT ESTABLISHING SOURCE OF RIGHTS.—No alien
unlawful enemy combatant subject to trial by military commission under this
chapter may invoke the Geneva Conventions as a source of rights.
Ҥ948c. PERSONS SUBJECT TO MILITARY COMMISSIONS.
“Any alien unlawful enemy combatant is subject to trial by military commission
under this chapter.
Ҥ948d. JURISDICTION OF MILITARY COMMISSIONS.
“(a) JURISDICTION.—A military commission under this chapter shall have
jurisdiction to try any offense made punishable by this chapter or the law of war
when committed by an alien unlawful enemy combatant before, on, or after
September 11, 2001.
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“(b) LAWFUL ENEMY COMBATANTS.—Military commissions under this chapter
shall not have jurisdiction over lawful enemy combatants. Lawful enemy
combatants who violate the law of war are subject to chapter 47 of this title.
Courts-martial established under that chapter shall have jurisdiction to try a
lawful enemy combatant for any offense made punishable under this chapter.
“(c) DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS
DISPOSITIVE.—A finding, whether before, on, or after the date of the enactment
of the Military Commissions Act of 2006, by a Combatant Status Review
Tribunal or another competent tribunal established under the authority of the
President or the Secretary of Defense that a person is an unlawful enemy
combatant is dispositive for purposes of jurisdiction for trial by military
commission under this chapter.
“(d) PUNISHMENTS.—A military commission under this chapter may, under such
limitations as the Secretary of Defense may prescribe, adjudge any punishment
not forbidden by this chapter, including the penalty of death when authorized
under this chapter or the law of war.
Ҥ948e. ANNUAL REPORT TO CONGRESSIONAL COMMITTEES.
“(a) ANNUAL REPORT REQUIRED.—Not later than December 31 each year, the
Secretary of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on any trials conducted by
military commissions under this chapter during such year.
“(b)FORM.—Each report under this section shall be submitted in unclassified
form, but may include a classified annex.
“SUBCHAPTER II—COMPOSITION OF MILITARY COMMISSIONS
“SEC.
“948h.
“948i.
“948j.
“948k.
“948l.
“948m.

Who may convene military commissions.
Who may serve on military commissions.
Military judge of a military commission.
Detail of trial counsel and defense counsel.
Detail or employment of reporters and interpreters.
Number of members; excuse of members; absent and additional
members.

Ҥ948h. WHO MAY CONVENE MILITARY COMMISSIONS.
“Military commissions under this chapter may be convened by the Secretary of
Defense or by any officer or official of the United States designated by the
Secretary for that purpose.

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Ҥ948i. WHO MAY SERVE ON MILITARY COMMISSIONS.
“(a) IN GENERAL.—Any commissioned officer of the armed forces on active duty
is eligible to serve on a military commission under this chapter.
“(b) DETAIL OF MEMBERS.—When convening a military commission under this
chapter, the convening authority shall detail as members of the commission such
members of the armed forces eligible under subsection (a), as in the opinion of
the convening authority, are best qualified for the duty by reason of age,
education, training, experience, length of service, and judicial temperament. No
member of an armed force is eligible to serve as a member of a military
commission when such member is the accuser or a witness for the prosecution or
has acted as an investigator or counsel in the same case.
“(c) EXCUSE OF MEMBERS.—Before a military commission under this chapter is
assembled for the trial of a case, the convening authority may excuse a member
from participating in the case.
Ҥ948j. MILITARY JUDGE OF A MILITARY COMMISSION.
“(a) DETAIL OF MILITARY JUDGE.—A military judge shall be detailed to each
military commission under this chapter. The Secretary of Defense shall prescribe
regulations providing for the manner in which military judges are so detailed to
military commissions. The military judge shall preside over each military
commission to which he has been detailed.
“(b) QUALIFICATIONS.—A military judge shall be a commissioned officer of the
armed forces who is a member of the bar of a Federal court, or a member of the
bar of the highest court of a State, and who is certified to be qualified for duty
under section 826 of this title (article 26 of the Uniform Code of Military Justice)
as a military judge in general courts-martial by the Judge Advocate General of
the armed force of which such military judge is a member.
“(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person is eligible to act as
military judge in a case of a military commission under this chapter if he is the
accuser or a witness or has acted as investigator or a counsel in the same case.
“(d) CONSULTATION WITH MEMBERS; INELIGIBILITY TO VOTE.— A military
judge detailed to a military commission under this chapter may not consult with
the members of the commission except in the presence of the accused (except as
otherwise provided in section 949d of this title), trial counsel, and defense
counsel, nor may he vote with the members of the commission.
“(e) OTHER DUTIES.—A commissioned officer who is certified to be qualified
for duty as a military judge of a military commission under this chapter may
perform such other duties as are assigned to him by or with the approval of the
Judge Advocate General of the armed force of which such officer is a member or
the designee of such Judge Advocate General.
“(f) PROHIBITION ON EVALUATION OF FITNESS BY CONVENING AUTHORITY.—
The convening authority of a military commission under this chapter shall not
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prepare or review any report concerning the effectiveness, fitness, or efficiency
of a military judge detailed to the military commission which relates to his
performance of duty as a military judge on the military commission.
Ҥ948k. DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.
“(a) DETAIL OF COUNSEL GENERALLY.—
“(1) Trial counsel and military defense counsel shall be detailed for each
military commission under this chapter.
“(2) Assistant trial counsel and assistant and associate defense counsel
may be detailed for a military commission under this chapter.
“(3) Military defense counsel for a military commission under this
chapter shall be detailed as soon as practicable after the swearing of
charges against the accused.
“(4) The Secretary of Defense shall prescribe regulations providing for
the manner in which trial counsel and military defense counsel are
detailed for military commissions under this chapter and for the persons
who are authorized to detail such counsel for such commissions.
“(b) TRIAL COUNSEL.—Subject to subsection (e), trial counsel detailed for a
military commission under this chapter must be—
“(1) a judge advocate (as that term is defined in section 801 of this title
(article 1 of the Uniform Code of Military Justice) who—
“(A) is a graduate of an accredited law school or is a member of
the bar of a Federal court or of the highest court of a State; and
“(B) is certified as competent to perform duties as trial counsel
before general courts-martial by the Judge Advocate General of
the armed force of which he is a member; or
“(2) a civilian who—
“(A) is a member of the bar of a Federal court or of the highest
court of a State; and
“(B) is otherwise qualified to practice before the military
commission pursuant to regulations prescribed by the Secretary
of Defense.
“(c) MILITARY DEFENSE COUNSEL.—Subject to subsection (e), military defense
counsel detailed for a military commission under this chapter must be a judge
advocate (as so defined) who is—
“(1) a graduate of an accredited law school or is a member of the bar of a
Federal court or of the highest court of a State; and
“(2) certified as competent to perform duties as defense counsel before
general courts-martial by the Judge Advocate General of the armed force
of which he is a member.
“(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUNSEL.—
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MILITARY COMMISSIONS ACT OF 2006
“(1) The Chief Prosecutor in a military commission under this chapter
shall meet the requirements set forth in subsection (b)(1).
“(2) The Chief Defense Counsel in a military commission under this
chapter shall meet the requirements set forth in subsection (c)(1).
“(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person who has acted as an
investigator, military judge, or member of a military commission under this
chapter in any case may act later as trial counsel or military defense counsel in
the same case. No person who has acted for the prosecution before a military
commission under this chapter may act later in the same case for the defense, nor
may any person who has acted for the defense before a military commission
under this chapter act later in the same case for the prosecution.
Ҥ948l. DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS.
“(a) COURT REPORTERS.—Under such regulations as the Secretary of Defense
may prescribe, the convening authority of a military commission under this
chapter shall detail to or employ for the commission qualified court reporters,
who shall make a verbatim recording of the proceedings of and testimony taken
before the commission.
“(b) INTERPRETERS.—Under such regulations as the Secretary of Defense may
prescribe, the convening authority of a military commission under this chapter
may detail to or employ for the military commission interpreters who shall
interpret for the commission and, as necessary, for trial counsel and defense
counsel and for the accused.
“(c) TRANSCRIPT; RECORD.—The transcript of a military commission under this
chapter shall be under the control of the convening authority of the commission,
who shall also be responsible for preparing the record of the proceedings.
Ҥ948m. NUMBER OF MEMBERS; EXCUSE OF MEMBERS; ABSENT AND
ADDITIONAL MEMBERS.
“(a) NUMBER OF MEMBERS.—
“(1) A military commission under this chapter shall, except as provided
in paragraph (2), have at least five members.
“(2) In a case in which the accused before a military commission under
this chapter may be sentenced to a penalty of death, the military
commission shall have the number of members prescribed by section
949m(c) of this title.
“(b) EXCUSE OF MEMBERS.—No member of a military commission under this
chapter may be absent or excused after the military commission has been
assembled for the trial of a case unless excused—
“(1) as a result of challenge;
“(2) by the military judge for physical disability or other good cause; or
“(3) by order of the convening authority for good cause.
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MILITARY COMMISSIONS ACT OF 2006
“(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever a military commission
under this chapter is reduced below the number of members required by
subsection (a), the trial may not proceed unless the convening authority details
new members sufficient to provide not less than such number. The trial may
proceed with the new members present after the recorded evidence previously
introduced before the members has been read to the military commission in the
presence of the military judge, the accused (except as provided in section 949d of
this title), and counsel for both sides.
“SUBCHAPTER III—PRE-TRIAL PROCEDURE
“Sec.
“948q.
“948r.
“948s.

Charges and specifications.
Compulsory self-incrimination prohibited; treatment of
statements obtained by torture and other statements.
Service of charges.

Ҥ948q. CHARGES AND SPECIFICATIONS.
“(a) CHARGES AND SPECIFICATIONS.—Charges and specifications against an
accused in a military commission under this chapter shall be signed by a person
subject to chapter 47 of this title under oath before a commissioned officer of the
armed forces authorized to administer oaths and shall state—
“(1) that the signer has personal knowledge of, or reason to believe, the
matters set forth therein; and
“(2) that they are true in fact to the best of the signer’s knowledge and
belief.
“(b) NOTICE TO ACCUSED.—Upon the swearing of the charges and
specifications in accordance with subsection (a), the accused shall be informed of
the charges against him as soon as practicable.
Ҥ948r. COMPULSORY SELF-INCRIMINATION PROHIBITED; TREATMENT OF
STATEMENTS OBTAINED BY TORTURE AND OTHER STATEMENTS.
“(a) IN GENERAL.—No person shall be required to testify against himself at a
proceeding of a military commission under this chapter.
“(b) EXCLUSION OF STATEMENTS OBTAINED BY TORTURE.—A statement
obtained by use of torture shall not be admissible in a military commission under
this chapter, except against a person accused of torture as evidence that the
statement was made.
“(c) STATEMENTS OBTAINED BEFORE ENACTMENT OF DETAINEE TREATMENT
ACT OF 2005.—A statement obtained before December 30, 2005 (the date of the
enactment of the Defense Treatment Act of 2005) in which the degree of
coercion is disputed may be admitted only if the military judge finds that—
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MILITARY COMMISSIONS ACT OF 2006
“(1) the totality of the circumstances renders the statement reliable and
possessing sufficient probative value; and
“(2) the interests of justice would best be served by admission of the
statement into evidence.
“(d) STATEMENTS OBTAINED AFTER ENACTMENT OF DETAINEE TREATMENT
ACT OF 2005.—A statement obtained on or after December 30, 2005 (the date of
the enactment of the Defense Treatment Act of 2005) in which the degree of
coercion is disputed may be admitted only if the military judge finds that—
“(1) the totality of the circumstances renders the statement reliable and
possessing sufficient probative value;
“(2) the interests of justice would best be served by admission of the
statement into evidence; and
“(3) the interrogation methods used to obtain the statement do not
amount to cruel, inhuman, or degrading treatment prohibited by section
1003 of the Detainee Treatment Act of 2005.
Ҥ948s. SERVICE OF CHARGES.
“The trial counsel assigned to a case before a military commission under this
chapter shall cause to be served upon the accused and military defense counsel a
copy of the charges upon which trial is to be had. Such charges shall be served in
English and, if appropriate, in another language that the accused understands.
Such service shall be made sufficiently in advance of trial to prepare a defense.
“SUBCHAPTER IV—TRIAL PROCEDURE
“SEC.
“949a.
“949b.
“949c.
“949d.
“949e.
“949f.
“949g.
“949h.
“949i.
“949j.
“949k.
“949l.
“949m.
“949n.
“949o.

Rules.
Unlawfully influencing action of military commission.
Duties of trial counsel and defense counsel.
Sessions.
Continuances.
Challenges.
Oaths.
Former jeopardy.
Pleas of the accused.
Opportunity to obtain witnesses and other evidence.
Defense of lack of mental responsibility.
Voting and rulings.
Number of votes required.
Military commission to announce action.
Record of trial.
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MILITARY COMMISSIONS ACT OF 2006
Ҥ949a. RULES.
“(a) PROCEDURES AND RULES OF EVIDENCE.—Pretrial, trial, and post-trial
procedures, including elements and modes of proof, for cases triable by military
commission under this chapter may be prescribed by the Secretary of Defense, in
consultation with the Attorney General. Such procedures shall, so far as the
Secretary considers practicable or consistent with military or intelligence
activities, apply the principles of law and the rules of evidence in trial by general
courts-martial. Such procedures and rules of evidence may not be contrary to or
inconsistent with this chapter.
“(b) RULES FOR MILITARY COMMISSION.—
“(1) Notwithstanding any departures from the law and the rules of
evidence in trial by general courts-martial authorized by subsection (a),
the procedures and rules of evidence in trials by military commission
under this chapter shall include the following:
“(A) The accused shall be permitted to present evidence in his
defense, to cross-examine the witnesses who testify against him,
and to examine and respond to evidence admitted against him on
the issue of guilt or innocence and for sentencing, as provided
for by this chapter.
“(B) The accused shall be present at all sessions of the military
commission (other than those for deliberations or voting), except
when excluded under section 949d of this title.
“(C) The accused shall receive the assistance of counsel as
provided for by section 948k.
“(D) The accused shall be permitted to represent himself, as
provided for by paragraph (3).
“(2) In establishing procedures and rules of evidence for military
commission proceedings, the Secretary of Defense may prescribe the
following provisions:
“(A) Evidence shall be admissible if the military judge
determines that the evidence would have probative value to a
reasonable person.
“(B) Evidence shall not be excluded from trial by military
commission on the grounds that the evidence was not seized
pursuant to a search warrant or other authorization.
“(C) A statement of the accused that is otherwise admissible
shall not be excluded from trial by military commission on
grounds of alleged coercion or compulsory self-incrimination so
long as the evidence complies with the provisions of section 948r
of this title.
“(D) Evidence shall be admitted as authentic so long as—
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MILITARY COMMISSIONS ACT OF 2006
“(i) the military judge of the military commission
determines that there is sufficient basis to find that the
evidence is what it is claimed to be; and
“(ii) the military judge instructs the members that they
may consider any issue as to authentication or
identification of evidence in determining the weight, if
any, to be given to the evidence.
“(E)(i) Except as provided in clause (ii), hearsay evidence not
otherwise admissible under the rules of evidence applicable in
trial by general courts-martial may be admitted in a trial by
military commission if the proponent of the evidence makes
known to the adverse party, sufficiently in advance to provide
the adverse party with a fair opportunity to meet the evidence,
the intention of the proponent to offer the evidence, and the
particulars of the evidence (including information on the general
circumstances under which the evidence was obtained). The
disclosure of evidence under the preceding sentence is subject to
the requirements and limitations applicable to the disclosure of
classified information in section 949j(c) of this title.
“(ii) Hearsay evidence not otherwise admissible under
the rules of evidence applicable in trial by general
courts-martial shall not be admitted in a trial by military
commission if the party opposing the admission of the
evidence demonstrates that the evidence is unreliable or
lacking in probative value.
“(F) The military judge shall exclude any evidence the probative
value of which is substantially outweighed—
“(i) by the danger of unfair prejudice, confusion of the
issues, or misleading the commission; or
“(ii) by considerations of undue delay, waste of time, or
needless presentation of cumulative evidence.
“(3)(A) The accused in a military commission under this chapter who
exercises the right to self-representation under paragraph (1)(D) shall
conform his deportment and the conduct of the defense to the rules of
evidence, procedure, and decorum applicable to trials by military
commission.
“(B) Failure of the accused to conform to the rules described in
subparagraph (A) may result in a partial or total revocation by
the military judge of the right of self-representation under
paragraph (1)(D). In such case, the detailed defense counsel of
the accused or an appropriately authorized civilian counsel shall
perform the functions necessary for the defense.
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MILITARY COMMISSIONS ACT OF 2006
“(c) DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS.—
The Secretary of Defense may delegate the authority of the Secretary to prescribe
regulations under this chapter.
“(d) NOTIFICATION TO CONGRESSIONAL COMMITTEES OF CHANGES TO
PROCEDURES.—Not later than 60 days before the date on which any proposed
modification of the procedures in effect for military commissions under this
chapter goes into effect, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report describing the modification.
Ҥ949b. UNLAWFULLY INFLUENCING ACTION OF MILITARY COMMISSION.
“(a) IN GENERAL.—
“(1) No authority convening a military commission under this chapter
may censure, reprimand, or admonish the military commission, or any
member, military judge, or counsel thereof, with respect to the findings
or sentence adjudged by the military commission, or with respect to any
other exercises of its or his functions in the conduct of the proceedings.
“(2) No person may attempt to coerce or, by any unauthorized means,
influence—
“(A) the action of a military commission under this chapter, or
any member thereof, in reaching the findings or sentence in any
case;
“(B) the action of any convening, approving, or reviewing
authority with respect to his judicial acts; or
“(C) the exercise of professional judgment by trial counsel or
defense counsel.
“(3) Paragraphs (1) and (2) do not apply with respect to—
“(A) general instructional or informational courses in military
justice if such courses are designed solely for the purpose of
instructing members of a command in the substantive and
procedural aspects of military commissions; or
“(B) statements and instructions given in open proceedings by a
military judge or counsel.
“(b) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMISSION IN
EVALUATION OF FITNESS.—In the preparation of an effectiveness, fitness, or
efficiency report or any other report or document used in whole or in part for the
purpose of determining whether a commissioned officer of the armed forces is
qualified to be advanced in grade, or in determining the assignment or transfer of
any such officer or whether any such officer should be retained on active duty, no
person may—
“(1) consider or evaluate the performance of duty of any member of a
military commission under this chapter; or
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MILITARY COMMISSIONS ACT OF 2006
“(2) give a less favorable rating or evaluation to any commissioned
officer because of the zeal with which such officer, in acting as counsel,
represented any accused before a military commission under this chapter.
Ҥ949c. DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL.
“(a) TRIAL COUNSEL.—The trial counsel of a military commission under this
chapter shall prosecute in the name of the United States.
“(b) DEFENSE COUNSEL.—
“(1) The accused shall be represented in his defense before a military
commission under this chapter as provided in this subsection.
“(2) The accused shall be represented by military counsel detailed under
section 948k of this title.
“(3) The accused may be represented by civilian counsel if retained by
the accused, but only if such civilian counsel—
“(A) is a United States citizen;
“(B) is admitted to the practice of law in a State, district, or
possession of the United States or before a Federal court;
“(C) has not been the subject of any sanction of disciplinary
action by any court, bar, or other competent governmental
authority for relevant misconduct;
“(D) has been determined to be eligible for access to classified
information that is classified at the level Secret or higher; and
“(E) has signed a written agreement to comply with all
applicable regulations or instructions for counsel, including any
rules of court for conduct during the proceedings.
“(4) Civilian defense counsel shall protect any classified information
received during the course of representation of the accused in accordance
with all applicable law governing the protection of classified information
and may not divulge such information to any person not authorized to
receive it.
“(5) If the accused is represented by civilian counsel, detailed military
counsel shall act as associate counsel.
“(6) The accused is not entitled to be represented by more than one
military counsel. However, the person authorized under regulations
prescribed under section 948k of this title to detail counsel, in that
person’s sole discretion, may detail additional military counsel to
represent the accused.
“(7) Defense counsel may cross-examine each witness for the
prosecution who testifies before a military commission under this
chapter.

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MILITARY COMMISSIONS ACT OF 2006
Ҥ949d. SESSIONS.
“(a) SESSIONS WITHOUT PRESENCE OF MEMBERS.—
“(1) At any time after the service of charges which have been referred for
trial by military commission under this chapter, the military judge may
call the military commission into session without the presence of the
members for the purpose of—
“(A) hearing and determining motions raising defenses or
objections which are capable of determination without trial of
the issues raised by a plea of not guilty;
“(B) hearing and ruling upon any matter which may be ruled
upon by the military judge under this chapter, whether or not the
matter is appropriate for later consideration or decision by the
members;
“(C) if permitted by regulations prescribed by the Secretary of
Defense, receiving the pleas of the accused; and
“(D) performing any other procedural function which may be
performed by the military judge under this chapter or under rules
prescribed pursuant to section 949a of this title and which does
not require the presence of the members.
“(2) Except as provided in subsections (c) and (e), any proceedings under
paragraph (1) shall—
“(A) be conducted in the presence of the accused, defense
counsel, and trial counsel; and
“(B) be made part of the record.
“(b) PROCEEDINGS IN PRESENCE OF ACCUSED.—Except as provided in
subsections (c) and (e), all proceedings of a military commission under this
chapter, including any consultation of the members with the military judge or
counsel, shall—
“(1) be in the presence of the accused, defense counsel, and trial counsel;
and
“(2) be made a part of the record.
“(c) DELIBERATION OR VOTE OF MEMBERS.—When the members of a military
commission under this chapter deliberate or vote, only the members may be
present.
“(d) CLOSURE OF PROCEEDINGS.—
“(1) The military judge may close to the public all or part of the
proceedings of a military commission under this chapter, but only in
accordance with this subsection.
“(2) The military judge may close to the public all or a portion of the
proceedings under paragraph (1) only upon making a specific finding
that such closure is necessary to—
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MILITARY COMMISSIONS ACT OF 2006
“(A) protect information the disclosure of which could
reasonably be expected to cause damage to the national security,
including intelligence or law enforcement sources, methods, or
activities; or
“(B) ensure the physical safety of individuals.
“(3) A finding under paragraph (2) may be based upon a presentation,
including a presentation ex parte or in camera, by either trial counsel or
defense counsel.
“(e) EXCLUSION OF ACCUSED FROM CERTAIN PROCEEDINGS.— The military
judge may exclude the accused from any portion of a proceeding upon a
determination that, after being warned by the military judge, the accused persists
in conduct that justifies exclusion from the courtroom—
“(1) to ensure the physical safety of individuals; or
“(2) to prevent disruption of the proceedings by the accused.
“(f) PROTECTION OF CLASSIFIED INFORMATION.—
“(1) NATIONAL SECURITY PRIVILEGE.—
“(A) Classified information shall be protected and is privileged
from disclosure if disclosure would be detrimental to the national
security. The rule in the preceding sentence applies to all stages
of the proceedings of military commissions under this chapter.
“(B) The privilege referred to in subparagraph (A) may be
claimed by the head of the executive or military department or
government agency concerned based on a finding by the head of
that department or agency that—
“(i) the information is properly classified; and
“(ii) disclosure of the information would be detrimental
to the national security.
“(C) A person who may claim the privilege referred to in
subparagraph (A) may authorize a representative, witness, or
trial counsel to claim the privilege and make the finding
described in subparagraph (B) on behalf of such person. The
authority of the representative, witness, or trial counsel to do so
is presumed in the absence of evidence to the contrary.
“(2) INTRODUCTION OF CLASSIFIED INFORMATION.—
“(A) ALTERNATIVES TO DISCLOSURE.—To protect classified
information from disclosure, the military judge, upon motion of
trial counsel, shall authorize, to the extent practicable—
“(i) the deletion of specified items of classified
information from documents to be introduced as
evidence before the military commission;
“(ii) the substitution of a portion or summary of the
information for such classified documents; or
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“(iii) the substitution of a statement of relevant facts that
the classified information would tend to prove.
“(B) PROTECTION OF SOURCES, METHODS, OR ACTIVITIES.—
The military judge, upon motion of trial counsel, shall permit
trial counsel to introduce otherwise admissible evidence before
the military commission, while protecting from disclosure the
sources, methods, or activities by which the United States
acquired the evidence if the military judge finds that (i) the
sources, methods, or activities by which the United States
acquired the evidence are classified, and (ii) the evidence is
reliable. The military judge may require trial counsel to present
to the military commission and the defense, to the extent
practicable and consistent with national security, an unclassified
summary of the sources, methods, or activities by which the
United States acquired the evidence.
“(C) ASSERTION OF NATIONAL SECURITY PRIVILEGE AT
TRIAL.—During the examination of any witness, trial counsel
may object to any question, line of inquiry, or motion to admit
evidence that would require the disclosure of classified
information. Following such an objection, the military judge
shall take suitable action to safeguard such classified
information. Such action may include the review of trial
counsel’s claim of privilege by the military judge in camera and
on an ex parte basis, and the delay of proceedings to permit trial
counsel to consult with the department or agency concerned as to
whether the national security privilege should be asserted.
“(3) CONSIDERATION OF PRIVILEGE AND RELATED MATERIALS.—
A claim of privilege under this subsection, and any materials submitted
in support thereof, shall, upon request of the Government, be considered
by the military judge in camera and shall not be disclosed to the accused.
“(4) ADDITIONAL REGULATIONS.—The Secretary of Defense may
prescribe additional regulations, consistent with this subsection, for the
use and protection of classified information during proceedings of
military commissions under this chapter. A report on any regulations so
prescribed, or modified, shall be submitted to the Committees on Armed
Services of the Senate and the House of Representatives not later than 60
days before the date on which such regulations or modifications, as the
case may be, go into effect.

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Ҥ949e. CONTINUANCES.
“The military judge in a military commission under this chapter may, for
reasonable cause, grant a continuance to any party for such time, and as often, as
may appear to be just.
Ҥ949f. CHALLENGES.
“(a) CHALLENGES AUTHORIZED.—The military judge and members of a military
commission under this chapter may be challenged by the accused or trial counsel
for cause stated to the commission. The military judge shall determine the
relevance and validity of challenges for cause. The military judge may not
receive a challenge to more than one person at a time. Challenges by trial counsel
shall ordinarily be presented and decided before those by the accused are offered.
“(b) PREEMPTORY CHALLENGES.—Each accused and the trial counsel are
entitled to one peremptory challenge. The military judge may not be challenged
except for cause.
“(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.—Whenever additional
members are detailed to a military commission under this chapter, and after any
challenges for cause against such additional members are presented and decided,
each accused and the trial counsel are entitled to one peremptory challenge
against members not previously subject to peremptory challenge.
Ҥ949g. OATHS.
“(a) IN GENERAL.—
“(1) Before performing their respective duties in a military commission
under this chapter, military judges, members, trial counsel, defense
counsel, reporters, and interpreters shall take an oath to perform their
duties faithfully.
“(2) The form of the oath required by paragraph (1), the time and place
of the taking thereof, the manner of recording the same, and whether the
oath shall be taken for all cases in which duties are to be performed or
for a particular case, shall be as prescribed in regulations of the Secretary
of Defense. Those regulations may provide that—
“(A) an oath to perform faithfully duties as a military judge, trial
counsel, or defense counsel may be taken at any time by any
judge advocate or other person certified to be qualified or
competent for the duty; and
“(B) if such an oath is taken, such oath need not again be taken
at the time the judge advocate or other person is detailed to that
duty.
“(b) WITNESSES.—Each witness before a military commission under this chapter
shall be examined on oath.
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Ҥ949h. FORMER JEOPARDY.
“(a) IN GENERAL.—No person may, without his consent, be tried by a military
commission under this chapter a second time for the same offense.
“(b) SCOPE OF TRIAL.—No proceeding in which the accused has been found
guilty by military commission under this chapter upon any charge or
specification is a trial in the sense of this section until the finding of guilty has
become final after review of the case has been fully completed.
Ҥ949i. PLEAS OF THE ACCUSED.
“(a) ENTRY OF PLEA OF NOT GUILTY.—If an accused in a military commission
under this chapter after a plea of guilty sets up matter inconsistent with the plea,
or if it appears that the accused has entered the plea of guilty through lack of
understanding of its meaning and effect, or if the accused fails or refuses to
plead, a plea of not guilty shall be entered in the record, and the military
commission shall proceed as though the accused had pleaded not guilty.
“(b) FINDING OF GUILT AFTER GUILTY PLEA.—With respect to any charge or
specification to which a plea of guilty has been made by the accused in a military
commission under this chapter and accepted by the military judge, a finding of
guilty of the charge or specification may be entered immediately without a vote.
The finding shall constitute the finding of the commission unless the plea of
guilty is withdrawn prior to announcement of the sentence, in which event the
proceedings shall continue as though the accused had pleaded not guilty.
Ҥ949j. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE.
“(a) RIGHT OF DEFENSE COUNSEL.—Defense counsel in a military commission
under this chapter shall have a reasonable opportunity to obtain witnesses and
other evidence as provided in regulations prescribed by the Secretary of Defense.
“(b) PROCESS FOR COMPULSION.—Process issued in a military commission
under this chapter to compel witnesses to appear and testify and to compel the
production of other evidence—
“(1) shall be similar to that which courts of the United States having
criminal jurisdiction may lawfully issue; and
“(2) shall run to any place where the United States shall have jurisdiction
thereof.
“(c) PROTECTION OF CLASSIFIED INFORMATION.—
“(1) With respect to the discovery obligations of trial counsel under this
section, the military judge, upon motion of trial counsel, shall authorize,
to the extent practicable—
“(A) the deletion of specified items of classified information
from documents to be made available to the accused;
“(B) the substitution of a portion or summary of the information
for such classified documents; or
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MILITARY COMMISSIONS ACT OF 2006
“(C) the substitution of a statement admitting relevant facts that
the classified information would tend to prove.
“(2) The military judge, upon motion of trial counsel, shall authorize trial
counsel, in the course of complying with discovery obligations under this
section, to protect from disclosure the sources, methods, or activities by
which the United States acquired evidence if the military judge finds that
the sources, methods, or activities by which the United States acquired
such evidence are classified. The military judge may require trial counsel
to provide, to the extent practicable, an unclassified summary of the
sources, methods, or activities by which the United States acquired such
evidence.
“(d) EXCULPATORY EVIDENCE.—
“(1) As soon as practicable, trial counsel shall disclose to the defense the
existence of any evidence known to trial counsel that reasonably tends to
exculpate the accused. Where exculpatory evidence is classified, the
accused shall be provided with an adequate substitute in accordance with
the procedures under subsection (c).
“(2) In this subsection, the term ‘evidence known to trial counsel’, in the
case of exculpatory evidence, means exculpatory evidence that the
prosecution would be required to disclose in a trial by general courtmartial under chapter 47 of this title.
Ҥ949k. DEFENSE OF LACK OF MENTAL RESPONSIBILITY.
“(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense in a trial by military
commission under this chapter that, at the time of the commission of the acts
constituting the offense, the accused, as a result of a severe mental disease or
defect, was unable to appreciate the nature and quality or the wrongfulness of the
acts. Mental disease or defect does not otherwise constitute a defense.
“(b) BURDEN OF PROOF.—The accused in a military commission under this
chapter has the burden of proving the defense of lack of mental responsibility by
clear and convincing evidence.
“(c) FINDINGS FOLLOWING ASSERTION OF DEFENSE.—Whenever lack of mental
responsibility of the accused with respect to an offense is properly at issue in a
military commission under this chapter, the military judge shall instruct the
members of the commission as to the defense of lack of mental responsibility
under this section and shall charge them to find the accused—
“(1) guilty;
“(2) not guilty; or
“(3) subject to subsection (d), not guilty by reason of lack of mental
responsibility.
“(d) MAJORITY VOTE REQUIRED FOR FINDING.—The accused shall be found not
guilty by reason of lack of mental responsibility under subsection (c)(3) only if a
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majority of the members present at the time the vote is taken determines that the
defense of lack of mental responsibility has been established.
Ҥ949l. VOTING AND RULINGS.
“(a) VOTE BY SECRET WRITTEN BALLOT.—Voting by members of a military
commission under this chapter on the findings and on the sentence shall be by
secret written ballot.
“(b) RULINGS.—
“(1) The military judge in a military commission under this chapter shall
rule upon all questions of law, including the admissibility of evidence
and all interlocutory questions arising during the proceedings.
“(2) Any ruling made by the military judge upon a question of law or an
interlocutory question (other than the factual issue of mental
responsibility of the accused) is conclusive and constitutes the ruling of
the military commission. However, a military judge may change his
ruling at any time during the trial.
“(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote is taken of the findings of a
military commission under this chapter, the military judge shall, in the presence
of the accused and counsel, instruct the members as to the elements of the
offense and charge the members—
“(1) that the accused must be presumed to be innocent until his guilt is
established by legal and competent evidence beyond a reasonable doubt;
“(2) that in the case being considered, if there is a reasonable doubt as to
the guilt of the accused, the doubt must be resolved in favor of the
accused and he must be acquitted;
“(3) that, if there is reasonable doubt as to the degree of guilt, the finding
must be in a lower degree as to which there is no reasonable doubt; and
“(4) that the burden of proof to establish the guilt of the accused beyond
a reasonable doubt is upon the United States.
Ҥ949m. NUMBER OF VOTES REQUIRED.
“(a) CONVICTION.—No person may be convicted by a military commission under
this chapter of any offense, except as provided in section 949i(b) of this title or
by concurrence of two-thirds of the members present at the time the vote is taken.
“(b) SENTENCES.—
“(1) No person may be sentenced by a military commission to suffer
death, except insofar as—
“(A) the penalty of death is expressly authorized under this
chapter or the law of war for an offense of which the accused has
been found guilty;
“(B) trial counsel expressly sought the penalty of death by filing
an appropriate notice in advance of trial;
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MILITARY COMMISSIONS ACT OF 2006
“(C) the accused is convicted of the offense by the concurrence
of all the members present at the time the vote is taken; and
“(D) all the members present at the time the vote is taken concur
in the sentence of death.
“(2) No person may be sentenced to life imprisonment, or to confinement
for more than 10 years, by a military commission under this chapter
except by the concurrence of three-fourths of the members present at the
time the vote is taken.
“(3) All other sentences shall be determined by a military commission by
the concurrence of two-thirds of the members present at the time the vote
is taken.
“(c) NUMBER OF MEMBERS REQUIRED FOR PENALTY OF DEATH.—
(1) Except as provided in paragraph (2), in a case in which the penalty of
death is sought, the number of members of the military commission
under this chapter shall be not less than 12.
“(2) In any case described in paragraph (1) in which 12 members are not
reasonably available because of physical conditions or military
exigencies, the convening authority shall specify a lesser number of
members for the military commission (but not fewer than 9 members),
and the military commission may be assembled, and the trial held, with
not fewer than the number of members so specified. In such a case, the
convening authority shall make a detailed written statement, to be
appended to the record, stating why a greater number of members were
not reasonably available.
Ҥ949n. MILITARY COMMISSION TO ANNOUNCE ACTION.
“A military commission under this chapter shall announce its findings and
sentence to the parties as soon as determined.
Ҥ949o. RECORD OF TRIAL.
“(a) RECORD; AUTHENTICATION.—Each military commission under this chapter
shall keep a separate, verbatim, record of the proceedings in each case brought
before it, and the record shall be authenticated by the signature of the military
judge. If the record cannot be authenticated by the military judge by reason of his
death, disability, or absence, it shall be authenticated by the signature of the trial
counsel or by a member of the commission if the trial counsel is unable to
authenticate it by reason of his death, disability, or absence. Where appropriate,
and as provided in regulations prescribed by the Secretary of Defense, the record
of a military commission under this chapter may contain a classified annex.
“(b) COMPLETE RECORD REQUIRED.—A complete record of the proceedings and
testimony shall be prepared in every military commission under this chapter.
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MILITARY COMMISSIONS ACT OF 2006
“(c) PROVISION OF COPY TO ACCUSED.—A copy of the record of the proceedings
of the military commission under this chapter shall be given the accused as soon
as it is authenticated. If the record contains classified information, or a classified
annex, the accused shall be given a redacted version of the record consistent with
the requirements of section 949d of this title. Defense counsel shall have access
to the unredacted record, as provided in regulations prescribed by the Secretary
of Defense.
“SUBCHAPTER V—SENTENCES
“SEC.
“949s.
“949t.
“949u.

Cruel or unusual punishments prohibited.
Maximum limits.
Execution of confinement.

Ҥ949s. CRUEL OR UNUSUAL PUNISHMENTS PROHIBITED.
“Punishment by flogging, or by branding, marking, or tattooing on the body, or
any other cruel or unusual punishment, may not be adjudged by a military
commission under this chapter or inflicted under this chapter upon any person
subject to this chapter. The use of irons, single or double, except for the purpose
of safe custody, is prohibited under this chapter.
Ҥ949t. MAXIMUM LIMITS.
“The punishment which a military commission under this chapter may direct for
an offense may not exceed such limits as the President or Secretary of Defense
may prescribe for that offense.
Ҥ949u. EXECUTION OF CONFINEMENT.
“(a) IN GENERAL.—Under such regulations as the Secretary of Defense may
prescribe, a sentence of confinement adjudged by a military commission under
this chapter may be carried into execution by confinement—
“(1) in any place of confinement under the control of any of the armed
forces; or
“(2) in any penal or correctional institution under the control of the
United States or its allies, or which the United States may be allowed to
use.
“(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE ARMED
FORCES.—Persons confined under subsection (a)(2) in a penal or correctional
institution not under the control of an armed force are subject to the same
discipline and treatment as persons confined or committed by the courts of the
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United States or of the State, District of Columbia, or place in which the
institution is situated.
“SUBCHAPTER VI—POST-TRIAL PROCEDURE AND
REVIEW OF MILITARY COMMISSIONS
“Sec.
“950a.
“950b.
“950c.
“950d.
“950e.
“950f.
“950g.
“950h.
“950i.
death.
“950j.

Error of law; lesser included offense.
Review by the convening authority.
Appellate referral; waiver or withdrawal of appeal.
Appeal by the United States.
Rehearings.
Review by Court of Military Commission Review.
Review by the United States Court of Appeals for the District of
Columbia Circuit and the Supreme Court.
Appellate counsel.
Execution of sentence; procedures for execution of sentence of
Finality or proceedings, findings, and sentences.

Ҥ950a. ERROR OF LAW; LESSER INCLUDED OFFENSE.
“(a) ERROR OF LAW.—A finding or sentence of a military commission under this
chapter may not be held incorrect on the ground of an error of law unless the
error materially prejudices the substantial rights of the accused.
“(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with the power to
approve or affirm a finding of guilty by a military commission under this chapter
may approve or affirm, instead, so much of the finding as includes a lesser
included offense.
Ҥ950b. REVIEW BY THE CONVENING AUTHORITY.
“(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SENTENCE.— The
findings and sentence of a military commission under this chapter shall be
reported in writing promptly to the convening authority after the announcement
of the sentence.
“(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING AUTHORITY.—
“(1) The accused may submit to the convening authority matters for
consideration by the convening authority with respect to the findings and
the sentence of the military commission under this chapter.
“(2)(A) Except as provided in subparagraph (B), a submittal under
paragraph (1) shall be made in writing within 20 days after the accused
has been given an authenticated record of trial under section 949o(c) of
this title.
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“(B) If the accused shows that additional time is required for the
accused to make a submittal under paragraph (1), the convening
authority may, for good cause, extend the applicable period
under subparagraph (A) for not more than an additional 20 days.
“(3) The accused may waive his right to make a submittal to the
convening authority under paragraph (1). Such a waiver shall be made in
writing and may not be revoked. For the purposes of subsection (c)(2),
the time within which the accused may make a submittal under this
subsection shall be deemed to have expired upon the submittal of a
waiver under this paragraph to the convening authority.
“(c) ACTION BY CONVENING AUTHORITY.—
“(1) The authority under this subsection to modify the findings and
sentence of a military commission under this chapter is a matter of the
sole discretion and prerogative of the convening authority.
“(2)(A) The convening authority shall take action on the sentence of a
military commission under this chapter.
“(B) Subject to regulations prescribed by the Secretary of
Defense, action on the sentence under this paragraph may be
taken only after consideration of any matters submitted by the
accused under subsection (b) or after the time for submitting
such matters expires, whichever is earlier.
“(C) In taking action under this paragraph, the convening
authority may, in his sole discretion, approve, disapprove,
commute, or suspend the sentence in whole or in part. The
convening authority may not increase a sentence beyond that
which is found by the military commission.
“(3) The convening authority is not required to take action on the
findings of a military commission under this chapter. If the convening
authority takes action on the findings, the convening authority may, in
his sole discretion, may—
“(A) dismiss any charge or specification by setting aside a
finding of guilty thereto; or
“(B) change a finding of guilty to a charge to a finding of guilty
to an offense that is a lesser included offense of the offense
stated in the charge.
“(4) The convening authority shall serve on the accused or on defense
counsel notice of any action taken by the convening authority under this
subsection.
“(d) ORDER OF REVISION OR REHEARING.—
“(1) Subject to paragraphs (2) and (3), the convening authority of a
military commission under this chapter may, in his sole discretion, order
a proceeding in revision or a rehearing.
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“(2)(A) Except as provided in subparagraph (B), a proceeding in revision
may be ordered by the convening authority if—
“(i) there is an apparent error or omission in the record;
or
“(ii) the record shows improper or inconsistent action by
the military commission with respect to the findings or
sentence that can be rectified without material prejudice
to the substantial rights of the accused.
“(B) In no case may a proceeding in revision—
“(i) reconsider a finding of not guilty of a specification
or a ruling which amounts to a finding of not guilty;
“(ii) reconsider a finding of not guilty of any charge,
unless there has been a finding of guilty under a
specification laid under that charge, which sufficiently
alleges a violation; or
“(iii) increase the severity of the sentence unless the
sentence prescribed for the offense is mandatory.
“(3) A rehearing may be ordered by the convening authority if the
convening authority disapproves the findings and sentence and states the
reasons for disapproval of the findings. If the convening authority
disapproves the finding and sentence and does not order a rehearing, the
convening authority shall dismiss the charges. A rehearing as to the
findings may not be ordered by the convening authority when there is a
lack of sufficient evidence in the record to support the findings. A
rehearing as to the sentence may be ordered by the convening authority if
the convening authority disapproves the sentence.
Ҥ950c. APPELLATE REFERRAL; WAIVER OR WITHDRAWAL OF APPEAL.
“(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as provided
under subsection (b), in each case in which the final decision of a military
commission (as approved by the convening authority) includes a finding of
guilty, the convening authority shall refer the case to the Court of Military
Commission Review. Any such referral shall be made in accordance with
procedures prescribed under regulations of the Secretary.
“(b) WAIVER OF RIGHT OF REVIEW.—
“(1) In each case subject to appellate review under section 950f of this
title, except a case in which the sentence as approved under section 950b
of this title extends to death, the accused may file with the convening
authority a statement expressly waiving the right of the accused to such
review.
“(2) A waiver under paragraph (1) shall be signed by both the accused
and a defense counsel.
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MILITARY COMMISSIONS ACT OF 2006
“(3) A waiver under paragraph (1) must be filed, if at all, within 10 days
after notice on the action is served on the accused or on defense counsel
under section 950b(c)(4) of this title. The convening authority, for good
cause, may extend the period for such filing by not more than 30 days.
“(c) WITHDRAWAL OF APPEAL.—Except in a case in which the sentence as
approved under section 950b of this title extends to death, the accused may
withdraw an appeal at any time.
“(d) EFFECT OF WAIVER OR WITHDRAWAL.—A waiver of the right to appellate
review or the withdrawal of an appeal under this section bars review under
section 950f of this title.
Ҥ950d. APPEAL BY THE UNITED STATES.
“(a) INTERLOCUTORY APPEAL.—
“(1) Except as provided in paragraph (2), in a trial by military
commission under this chapter, the United States may take an
interlocutory appeal to the Court of Military Commission Review of any
order or ruling of the military judge that—
“(A) terminates proceedings of the military commission with
respect to a charge or specification;
“(B) excludes evidence that is substantial proof of a fact material
in the proceeding; or
“(C) relates to a matter under subsection (d), (e), or (f) of section
949d of this title or section 949j(c) of this title.
“(2) The United States may not appeal under paragraph (1) an order or
ruling that is, or amounts to, a finding of not guilty by the military
commission with respect to a charge or specification.
“(b) NOTICE OF APPEAL.—The United States shall take an appeal of an order or
ruling under subsection (a) by filing a notice of appeal with the military judge
within five days after the date of such order or ruling.
“(c) APPEAL.—An appeal under this section shall be forwarded, by means
specified in regulations prescribed the Secretary of Defense, directly to the Court
of Military Commission Review. In ruling on an appeal under this section, the
Court may act only with respect to matters of law.
“(d) APPEAL FROM ADVERSE RULING.—The United States may appeal an
adverse ruling on an appeal under subsection (c) to the United States Court of
Appeals for the District of Columbia Circuit by filing a petition for review in the
Court of Appeals within 10 days after the date of such ruling. Review under this
subsection shall be at the discretion of the Court of Appeals.
Ҥ950e. REHEARINGS.
“(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.— Each
rehearing under this chapter shall take place before a military commission under
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MILITARY COMMISSIONS ACT OF 2006
this chapter composed of members who were not members of the military
commission which first heard the case.
“(b) SCOPE OF REHEARING.—
“(1) Upon a rehearing—
“(A) the accused may not be tried for any offense of which he
was found not guilty by the first military commission; and
“(B) no sentence in excess of or more than the original sentence
may be imposed unless—
“(i) the sentence is based upon a finding of guilty of an
offense not considered upon the merits in the original
proceedings; or
“(ii) the sentence prescribed for the offense is
mandatory.
“(2) Upon a rehearing, if the sentence approved after the first military
commission was in accordance with a pretrial agreement and the accused
at the rehearing changes his plea with respect to the charges or
specifications upon which the pretrial agreement was based, or otherwise
does not comply with pretrial agreement, the sentence as to those charges
or specifications may include any punishment not in excess of that
lawfully adjudged at the first military commission.
Ҥ950f. REVIEW BY COURT OF MILITARY COMMISSION REVIEW.
“(a) ESTABLISHMENT.—The Secretary of Defense shall establish a Court of
Military Commission Review which shall be composed of one or more panels,
and each such panel shall be composed of not less than three appellate military
judges. For the purpose of reviewing military commission decisions under this
chapter, the court may sit in panels or as a whole in accordance with rules
prescribed by the Secretary.
“(b) APPELLATE MILITARY JUDGES.—The Secretary shall assign appellate
military judges to a Court of Military Commission Review. Each appellate
military judge shall meet the qualifications for military judges prescribed by
section 948j(b) of this title or shall be a civilian with comparable qualifications.
No person may be serve as an appellate military judge in any case in which that
person acted as a military judge, counsel, or reviewing official.
“(c) CASES TO BE REVIEWED.—The Court of Military Commission Review, in
accordance with procedures prescribed under regulations of the Secretary, shall
review the record in each case that is referred to the Court by the convening
authority under section 950c of this title with respect to any matter of law raised
by the accused.
“(d) SCOPE OF REVIEW.—In a case reviewed by the Court of Military
Commission Review under this section, the Court may act only with respect to
matters of law.
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MILITARY COMMISSIONS ACT OF 2006
Ҥ950g. REVIEW BY THE UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT AND THE SUPREME COURT.
“(a) EXCLUSIVE APPELLATE JURISDICTION.—
“(1)(A) Except as provided in subparagraph (B), the United States Court
of Appeals for the District of Columbia Circuit shall have exclusive
jurisdiction to determine the validity of a final judgment rendered by a
military commission (as approved by the convening authority) under this
chapter.
“(B) The Court of Appeals may not review the final judgment
until all other appeals under this chapter have been waived or
exhausted.
“(2) A petition for review must be filed by the accused in the Court of
Appeals not later than 20 days after the date on which—
“(A) written notice of the final decision of the Court of Military
Commission Review is served on the accused or on defense
counsel; or
“(B) the accused submits, in the form prescribed by section 950c
of this title, a written notice waiving the right of the accused to
review by the Court of Military Commission Review under
section 950f of this title.
“(b) STANDARD FOR REVIEW.—In a case reviewed by it under this section, the
Court of Appeals may act only with respect to matters of law.
“(c) SCOPE OF REVIEW.—The jurisdiction of the Court of Appeals on an appeal
under subsection (a) shall be limited to the consideration of—
“(1) whether the final decision was consistent with the standards and
procedures specified in this chapter; and
“(2) to the extent applicable, the Constitution and the laws of the United
States.
“(d) SUPREME COURT.—The Supreme Court may review by writ of certiorari the
final judgment of the Court of Appeals pursuant to section 1257 of title 28.
Ҥ950h. APPELLATE COUNSEL.
“(a) APPOINTMENT.—The Secretary of Defense shall, by regulation, establish
procedures for the appointment of appellate counsel for the United States and for
the accused in military commissions under this chapter. Appellate counsel shall
meet the qualifications for counsel appearing before military commissions under
this chapter.
“(b) REPRESENTATION OF UNITED STATES.—Appellate counsel appointed under
subsection (a)—
“(1) shall represent the United States in any appeal or review proceeding
under this chapter before the Court of Military Commission Review; and
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MILITARY COMMISSIONS ACT OF 2006
“(2) may, when requested to do so by the Attorney General in a case
arising under this chapter, represent the United States before the United
States Court of Appeals for the District of Columbia Circuit or the
Supreme Court.
“(c) REPRESENTATION OF ACCUSED.—The accused shall be represented by
appellate counsel appointed under subsection (a) before the Court of Military
Commission Review, the United States Court of Appeals for the District of
Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by
the accused. Any such civilian counsel shall meet the qualifications under
paragraph (3) of section 949c(b) of this title for civilian counsel appearing before
military commissions under this chapter and shall be subject to the requirements
of paragraph (4) of that section.
Ҥ950i. EXECUTION OF SENTENCE; PROCEDURES FOR EXECUTION OF
SENTENCE OF DEATH.
“(a) IN GENERAL.—The Secretary of Defense is authorized to carry out a
sentence imposed by a military commission under this chapter in accordance
with such procedures as the Secretary may prescribe.
“(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON APPROVAL BY THE
PRESIDENT.—If the sentence of a military commission under this chapter extends
to death, that part of the sentence providing for death may not be executed until
approved by the President. In such a case, the President may commute, remit, or
suspend the sentence, or any part thereof, as he sees fit.
“(c) EXECUTION OF SENTENCE ONLY UPON FINAL JUDGMENT OF LEGALITY OF
PROCEEDINGS.—
“(1) If the sentence of a military commission under this chapter extends
to death, the sentence may not be executed until there is a final judgment
as to the legality of the proceedings (and with respect to death, approval
under subsection (b)).
“(2) A judgment as to legality of proceedings is final for purposes of
paragraph (1) when—
“(A) the time for the accused to file a petition for review by the
Court of Appeals for the District of Columbia Circuit has expired
and the accused has not filed a timely petition for such review
and the case is not otherwise under review by that Court; or
“(B) review is completed in accordance with the judgment of the
United States Court of Appeals for the District of Columbia
Circuit and—
“(i) a petition for a writ of certiorari is not timely filed;
“(ii) such a petition is denied by the Supreme Court; or
“(iii) review is otherwise completed in accordance with
the judgment of the Supreme Court.
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“(d) SUSPENSION OF SENTENCE.—The Secretary of the Defense, or the
convening authority acting on the case (if other than the Secretary), may suspend
the execution of any sentence or part thereof in the case, except a sentence of
death.
Ҥ950j. FINALITY OR PROCEEDINGS, FINDINGS, AND SENTENCES.
“(a) FINALITY.—The appellate review of records of trial provided by this chapter,
and the proceedings, findings, and sentences of military commissions as
approved, reviewed, or affirmed as required by this chapter, are final and
conclusive. Orders publishing the proceedings of military commissions under this
chapter are binding upon all departments, courts, agencies, and officers of the
United States, except as otherwise provided by the President.
“(b) PROVISIONS OF CHAPTER SOLE BASIS FOR REVIEW OF MILITARY
COMMISSION PROCEDURES AND ACTIONS.—Except as otherwise provided in this
chapter and notwithstanding any other provision of law (including section 2241
of title 28 or any other habeas corpus provision), no court, justice, or judge shall
have jurisdiction to hear or consider any claim or cause of action whatsoever,
including any action pending on or filed after the date of the enactment of the
Military Commissions Act of 2006, relating to the prosecution, trial, or judgment
of a military commission under this chapter, including challenges to the
lawfulness of procedures of military commissions under this chapter.
“SUBCHAPTER VII—PUNITIVE MATTERS
“Sec.
“950p.
“950q.
“950r.
“950s.
“950t.
“950u.
“950v.
“950w.

Statement of substantive offenses.
Principals.
Accessory after the fact.
Conviction of lesser included offense.
Attempts.
Solicitation.
Crimes triable by military commissions.
Perjury and obstruction of justice; contempt.

Ҥ950p. STATEMENT OF SUBSTANTIVE OFFENSES.
“(a) PURPOSE.—The provisions of this subchapter codify offenses that have
traditionally been triable by military commissions. This chapter does not
establish new crimes that did not exist before its enactment, but rather codifies
those crimes for trial by military commission.
“(b) EFFECT.—Because the provisions of this subchapter (including provisions
that incorporate definitions in other provisions of law) are declarative of existing
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law, they do not preclude trial for crimes that occurred before the date of the
enactment of this chapter.
Ҥ950q. PRINCIPALS.
“Any person is punishable as a principal under this chapter who—
“(1) commits an offense punishable by this chapter, or aids, abets,
counsels, commands, or procures its commission;
“(2) causes an act to be done which if directly performed by him would
be punishable by this chapter; or
“(3) is a superior commander who, with regard to acts punishable under
this chapter, knew, had reason to know, or should have known, that a
subordinate was about to commit such acts or had done so and who
failed to take the necessary and reasonable measures to prevent such acts
or to punish the perpetrators thereof.
Ҥ950r. ACCESSORY AFTER THE FACT.
“Any person subject to this chapter who, knowing that an offense punishable by
this chapter has been committed, receives, comforts, or assists the offender in
order to hinder or prevent his apprehension, trial, or punishment shall be
punished as a military commission under this chapter may direct.
Ҥ950s. CONVICTION OF LESSER INCLUDED OFFENSE.
“An accused may be found guilty of an offense necessarily included in the
offense charged or of an attempt to commit either the offense charged or an
attempt to commit either the offense charged or an offense necessarily included
therein.
Ҥ950t. ATTEMPTS.
“(a) IN GENERAL.—Any person subject to this chapter who attempts to commit
any offense punishable by this chapter shall be punished as a military
commission under this chapter may direct.
“(b) SCOPE OF OFFENSE.—An act, done with specific intent to commit an offense
under this chapter, amounting to more than mere preparation and tending, even
though failing, to effect its commission, is an attempt to commit that offense.
“(c) EFFECT OF CONSUMMATION.—Any person subject to this chapter may be
convicted of an attempt to commit an offense although it appears on the trial that
the offense was consummated.
Ҥ950u. SOLICITATION.
“Any person subject to this chapter who solicits or advises another or others to
commit one or more substantive offenses triable by military commission under
this chapter shall, if the offense solicited or advised is attempted or committed,
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be punished with the punishment provided for the commission of the offense,
but, if the offense solicited or advised is not committed or attempted, he shall be
punished as a military commission under this chapter may direct.
Ҥ950v. CRIMES TRIABLE BY MILITARY COMMISSIONS.
“(a) DEFINITIONS AND CONSTRUCTION.—In this section:
“(1) MILITARY OBJECTIVE.—The term ‘military objective’ means—
“(A) combatants; and
“(B) those objects during an armed conflict—
“(i) which, by their nature, location, purpose, or use,
effectively contribute to the opposing force’s
warfighting or war-sustaining capability; and
“(ii) the total or partial destruction, capture, or
neutralization of which would constitute a definite
military advantage to the attacker under the
circumstances at the time of the attack.
“(2) PROTECTED PERSON.—The term ‘protected person’ means any
person entitled to protection under one or more of the Geneva
Conventions, including—
“(A) civilians not taking an active part in hostilities;
“(B) military personnel placed hors de combat by sickness,
wounds, or detention; and
“(C) military medical or religious personnel.
“(3) PROTECTED PROPERTY.—The term ‘protected property’ means
property specifically protected by the law of war (such as buildings
dedicated to religion, education, art, science or charitable purposes,
historic monuments, hospitals, or places where the sick and wounded are
collected), if such property is not being used for military purposes or is
not otherwise a military objective. Such term includes objects properly
identified by one of the distinctive emblems of the Geneva Conventions,
but does not include civilian property that is a military objective.
“(4) CONSTRUCTION.—The intent specified for an offense under
paragraph (1), (2), (3), (4), or (12) of subsection (b) precludes the
applicability of such offense with regard to—
“(A) collateral damage; or
“(B) death, damage, or injury incident to a lawful attack.
“(b) OFFENSES.—The following offenses shall be triable by military commission
under this chapter at any time without limitation:
“(1) MURDER OF PROTECTED PERSONS.—Any person subject to this
chapter who intentionally kills one or more protected persons shall be
punished by death or such other punishment as a military commission
under this chapter may direct.
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“(2) ATTACKING CIVILIANS.—Any person subject to this chapter who
intentionally engages in an attack upon a civilian population as such, or
individual civilians not taking active part in hostilities, shall be punished,
if death results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may direct, and,
if death does not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may direct.
“(3) ATTACKING CIVILIAN OBJECTS.—Any person subject to this chapter
who intentionally engages in an attack upon a civilian object that is not a
military objective shall be punished as a military commission under this
chapter may direct.
“(4) ATTACKING PROTECTED PROPERTY.—Any person subject to this
chapter who intentionally engages in an attack upon protected property
shall be punished as a military commission under this chapter may direct.
“(5) PILLAGING.—Any person subject to this chapter who intentionally
and in the absence of military necessity appropriates or seizes property
for private or personal use, without the consent of a person with authority
to permit such appropriation or seizure, shall be punished as a military
commission under this chapter may direct.
“(6) DENYING QUARTER.—Any person subject to this chapter who, with
effective command or control over subordinate groups, declares, orders,
or otherwise indicates to those groups that there shall be no survivors or
surrender accepted, with the intent to threaten an adversary or to conduct
hostilities such that there would be no survivors or surrender accepted,
shall be punished as a military commission under this chapter may direct.
“(7) TAKING HOSTAGES.—Any person subject to this chapter who,
having knowingly seized or detained one or more persons, threatens to
kill, injure, or continue to detain such person or persons with the intent of
compelling any nation, person other than the hostage, or group of
persons to act or refrain from acting as an explicit or implicit condition
for the safety or release of such person or persons, shall be punished, if
death results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may direct, and,
if death does not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may direct.
“(8) EMPLOYING POISON OR SIMILAR WEAPONS.—Any person subject to
this chapter who intentionally, as a method of warfare, employs a
substance or weapon that releases a substance that causes death or
serious and lasting damage to health in the ordinary course of events,
through its asphyxiating, bacteriological, or toxic properties, shall be
punished, if death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter may direct,
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and, if death does not result to any of the victims, by such punishment,
other than death, as a military commission under this chapter may direct.
“(9) USING PROTECTED PERSONS AS A SHIELD.—Any person subject to
this chapter who positions, or otherwise takes advantage of, a protected
person with the intent to shield a military objective from attack, or to
shield, favor, or impede military operations, shall be punished, if death
results to one or more of the victims, by death or such other punishment
as a military commission under this chapter may direct, and, if death
does not result to any of the victims, by such punishment, other than
death, as a military commission under this chapter may direct.
“(10) USING PROTECTED PROPERTY AS A SHIELD.—Any person subject
to this chapter who positions, or otherwise takes advantage of the
location of, protected property with the intent to shield a military
objective from attack, or to shield, favor, or impede military operations,
shall be punished as a military commission under this chapter may direct.
“(11) TORTURE.—
“(A) OFFENSE.—Any person subject to this chapter who
commits an act specifically intended to inflict severe physical or
mental pain or suffering (other than pain or suffering incidental
to lawful sanctions) upon another person within his custody or
physical control for the purpose of obtaining information or a
confession, punishment, intimidation, coercion, or any reason
based on discrimination of any kind, shall be punished, if death
results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
“(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED.—
In this section, the term ‘severe mental pain or suffering’ has the
meaning given that term in section 2340(2) of title 18.
“(12) CRUEL OR INHUMAN TREATMENT.—
“(A) OFFENSE.—Any person subject to this chapter who
commits an act intended to inflict severe or serious physical or
mental pain or suffering (other than pain or suffering incidental
to lawful sanctions), including serious physical abuse, upon
another within his custody or control shall be punished, if death
results to the victim, by death or such other punishment as a
military commission under this chapter may direct, and, if death
does not result to the victim, by such punishment, other than
death, as a military commission under this chapter may direct.
“(B) DEFINITIONS.—In this paragraph:
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MILITARY COMMISSIONS ACT OF 2006
“(i) The term ‘serious physical pain or suffering’ means
bodily injury that involves—
“(I) a substantial risk of death;
“(II) extreme physical pain;
“(III) a burn or physical disfigurement of a
serious nature (other than cuts, abrasions, or
bruises); or
“(IV) significant loss or impairment of the
function of a bodily member, organ, or mental
faculty.
“(ii) The term ‘severe mental pain or suffering’ has the
meaning given that term in section 2340(2) of title 18.
“(iii) The term ‘serious mental pain or suffering’ has the
meaning given the term ‘severe mental pain or suffering’
in section 2340(2) of title 18, except that—
“(I) the term ‘serious’ shall replace the term
‘severe’ where it appears; and
“(II) as to conduct occurring after the date of the
enactment of the Military Commissions Act of
2006, the term ‘serious and non-transitory
mental harm (which need not be prolonged)’
shall replace the term ‘prolonged mental harm’
where it appears.
“(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.—
“(A) OFFENSE.—Any person subject to this chapter who
intentionally causes serious bodily injury to one or more persons,
including lawful combatants, in violation of the law of war shall
be punished, if death results to one or more of the victims, by
death or such other punishment as a military commission under
this chapter may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a military
commission under this chapter may direct.
“(B) SERIOUS BODILY INJURY DEFINED.—In this paragraph, the
term ‘serious bodily injury’ means bodily injury which
involves—
“(i) a substantial risk of death;
“(ii) extreme physical pain;
“(iii) protracted and obvious disfigurement; or
“(iv) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty.
“(14) MUTILATING OR MAIMING.—Any person subject to this chapter
who intentionally injures one or more protected persons by disfiguring
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the person or persons by any mutilation of the person or persons, or by
permanently disabling any member, limb, or organ of the body of the
person or persons, without any legitimate medical or dental purpose,
shall be punished, if death results to one or more of the victims, by death
or such other punishment as a military commission under this chapter
may direct, and, if death does not result to any of the victims, by such
punishment, other than death, as a military commission under this
chapter may direct.
“(15) MURDER IN VIOLATION OF THE LAW OF WAR.—Any person
subject to this chapter who intentionally kills one or more persons,
including lawful combatants, in violation of the law of war shall be
punished by death or such other punishment as a military commission
under this chapter may direct.
“(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW OF
WAR.—Any person subject to this chapter who intentionally destroys
property belonging to another person in violation of the law of war shall
punished as a military commission under this chapter may direct.
“(17) USING TREACHERY OR PERFIDY.—Any person subject to this
chapter who, after inviting the confidence or belief of one or more
persons that they were entitled to, or obliged to accord, protection under
the law of war, intentionally makes use of that confidence or belief in
killing, injuring, or capturing such person or persons shall be punished, if
death results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may direct, and,
if death does not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may direct.
“(18) IMPROPERLY USING A FLAG OF TRUCE.—Any person subject to
this chapter who uses a flag of truce to feign an intention to negotiate,
surrender, or otherwise suspend hostilities when there is no such
intention shall be punished as a military commission under this chapter
may direct.
“(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.—Any person subject
to this chapter who intentionally uses a distinctive emblem recognized by
the law of war for combatant purposes in a manner prohibited by the law
of war shall be punished as a military commission under this chapter may
direct.
“(20) INTENTIONALLY MISTREATING A DEAD BODY.—Any person
subject to this chapter who intentionally mistreats the body of a dead
person, without justification by legitimate military necessity, shall be
punished as a military commission under this chapter may direct.
“(21) RAPE.—Any person subject to this chapter who forcibly or with
coercion or threat of force wrongfully invades the body of a person by
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penetrating, however slightly, the anal or genital opening of the victim
with any part of the body of the accused, or with any foreign object, shall
be punished as a military commission under this chapter may direct.
“(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to this chapter
who forcibly or with coercion or threat of force engages in sexual contact
with one or more persons, or causes one or more persons to engage in
sexual contact, shall be punished as a military commission under this
chapter may direct.
“(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.— Any person
subject to this chapter who intentionally seizes, exercises unauthorized
control over, or endangers the safe navigation of a vessel or aircraft that
is not a legitimate military objective shall be punished, if death results to
one or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if death does not
result to any of the victims, by such punishment, other than death, as a
military commission under this chapter may direct.
“(24) TERRORISM.—Any person subject to this chapter who intentionally
kills or inflicts great bodily harm on one or more protected persons, or
intentionally engages in an act that evinces a wanton disregard for human
life, in a manner calculated to influence or affect the conduct of
government or civilian population by intimidation or coercion, or to
retaliate against government conduct, shall be punished, if death results
to one or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if death does not
result to any of the victims, by such punishment, other than death, as a
military commission under this chapter may direct.
“(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.—
“(A) OFFENSE.—Any person subject to this chapter who
provides material support or resources, knowing or intending
that they are to be used in preparation for, or in carrying out, an
act of terrorism (as set forth in paragraph (24)), or who
intentionally provides material support or resources to an
international terrorist organization engaged in hostilities against
the United States, knowing that such organization has engaged or
engages in terrorism (as so set forth), shall be punished as a
military commission under this chapter may direct.
“(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—In this
paragraph, the term ‘material support or resources’ has the
meaning given that term in section 2339A(b) of title 18.
“(26) WRONGFULLY AIDING THE ENEMY.—Any person subject to this
chapter who, in breach of an allegiance or duty to the United States,
knowingly and intentionally aids an enemy of the United States, or one
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of the co-belligerents of the enemy, shall be punished as a military
commission under this chapter may direct.
“(27) SPYING.—Any person subject to this chapter who with intent or
reason to believe that it is to be used to the injury of the United States or
to the advantage of a foreign power, collects or attempts to collect
information by clandestine means or while acting under false pretenses,
for the purpose of conveying such information to an enemy of the United
States, or one of the co-belligerents of the enemy, shall be punished by
death or such other punishment as a military commission under this
chapter may direct.
“(28) CONSPIRACY.—Any person subject to this chapter who conspires
to commit one or more substantive offenses triable by military
commission under this chapter, and who knowingly does any overt act to
effect the object of the conspiracy, shall be punished, if death results to
one or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if death does not
result to any of the victims, by such punishment, other than death, as a
military commission under this chapter may direct.
Ҥ950w. PERJURY AND OBSTRUCTION OF JUSTICE; CONTEMPT.
“(a) PERJURY AND OBSTRUCTION OF JUSTICE.—A military commission under
this chapter may try offenses and impose such punishment as the military
commission may direct for perjury, false testimony, or obstruction of justice
related to military commissions under this chapter.
“(b) CONTEMPT.—A military commission under this chapter may punish for
contempt any person who uses any menacing word, sign, or gesture in its
presence, or who disturbs its proceedings by any riot or disorder.”.
(2) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part II of subtitle A, of title 10,
United States Code, are each amended by inserting after the item relating to
chapter 47 the following new item:
“47A. Military Commissions ....................................................................... 948a”.
(b) SUBMITTAL OF PROCEDURES TO CONGRESS.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of Representatives a
report setting forth the procedures for military commissions prescribed under
chapter 47A of title 10, United States Code (as added by subsection (a)).

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AMENDMENTS TO UNIFORM CODE OF MILITARY JUSTICE
SEC. 4.
(a) CONFORMING AMENDMENTS.—Chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), is amended as follows:
(1) APPLICABILITY TO LAWFUL ENEMY COMBATANTS.—Section 802(a)
(article 2(a)) is amended by adding at the end the following new
paragraph:
“(13) Lawful enemy combatants (as that term is defined in section 948a(2) of this
title) who violate the law of war.”.
(2) EXCLUSION OF APPLICABILITY TO CHAPTER 47A COMMISSIONS.—
Sections 821, 828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a),
104, and 106) are amended by adding at the end the following new
sentence: “This section does not apply to a military commission
established under chapter 47A of this title.”.
(3) INAPPLICABILITY OF REQUIREMENTS RELATING TO REGULATIONS.—
Section 836 (article 36) is amended—
(A) in subsection (a), by inserting “, except as provided in
chapter 47A of this title,” after “but which may not”; and
(B) in subsection (b), by inserting before the period at the end “,
except insofar as applicable to military commissions established
under chapter 47A of this title”.
(b) PUNITIVE ARTICLE OF CONSPIRACY.—Section 881 of title 10, United States
Code (article 81 of the Uniform Code of Military Justice), is amended—
(1) by inserting “(a)” before “Any person”; and
(2) by adding at the end the following new subsection:
“(b) Any person subject to this chapter who conspires with any other person to
commit an offense under the law of war, and who knowingly does an overt act to
effect the object of the conspiracy, shall be punished, if death results to one or
more of the victims, by death or such other punishment as a court-martial or
military commission may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a court-martial or military
commission may direct.”.
TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS
SEC. 5.
(a) IN GENERAL.—No person may invoke the Geneva Conventions or any
protocols thereto in any habeas corpus or other civil action or proceeding to
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which the United States, or a current or former officer, employee, member of the
Armed Forces, or other agent of the United States is a party as a source of rights
in any court of the United States or its States or territories.
(b) GENEVA CONVENTIONS DEFINED.—In this section, the term “Geneva
Conventions” means—
(1) the Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field, done at Geneva August
12, 1949 (6 UST 3114);
(2) the Convention for the Amelioration of the Condition of the
Wounded, Sick, and Shipwrecked Members of the Armed Forces at Sea,
done at Geneva August 12, 1949 (6 UST 3217);
(3) the Convention Relative to the Treatment of Prisoners of War, done
at Geneva August 12, 1949 (6 UST 3316); and
(4) the Convention Relative to the Protection of Civilian Persons in Time
of War, done at Geneva August 12, 1949 (6 UST 3516).
IMPLEMENTATION OF TREATY OBLIGATIONS
SEC. 6.
(a) IMPLEMENTATION OF TREATY OBLIGATIONS.—
(1) IN GENERAL.—The acts enumerated in subsection (d) of section 2441
of title 18, United States Code, as added by subsection (b) of this section,
and in subsection (c) of this section, constitute violations of common
Article 3 of the Geneva Conventions prohibited by United States law.
(2) PROHIBITION ON GRAVE BREACHES.—The provisions of section
2441 of title 18, United States Code, as amended by this section, fully
satisfy the obligation under Article 129 of the Third Geneva Convention
for the United States to provide effective penal sanctions for grave
breaches which are encompassed in common Article 3 in the context of
an armed conflict not of an international character. No foreign or
international source of law shall supply a basis for a rule of decision in
the courts of the United States in interpreting the prohibitions
enumerated in subsection (d) of such section 2441.
(3) INTERPRETATION BY THE PRESIDENT.—
(A) As provided by the Constitution and by this section, the
President has the authority for the United States to interpret the
meaning and application of the Geneva Conventions and to
promulgate higher standards and administrative regulations for
violations of treaty obligations which are not grave breaches of
the Geneva Conventions.

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(B) The President shall issue interpretations described by
subparagraph (A) by Executive Order published in the Federal
Register.
(C) Any Executive Order published under this paragraph shall be
authoritative (except as to grave breaches of common Article 3)
as a matter of United States law, in the same manner as other
administrative regulations.
(D) Nothing in this section shall be construed to affect the
constitutional functions and responsibilities of Congress and the
judicial branch of the United States.
(4) DEFINITIONS.—In this subsection:
(A) GENEVA CONVENTIONS.—The term “Geneva Conventions”
means—
(i) the Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field,
done at Geneva August 12, 1949 (6 UST 3217);
(ii) the Convention for the Amelioration of the Condition
of the Wounded, Sick, and Shipwrecked Members of the
Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(iii) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6
UST 3316); and
(iv) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12,
1949 (6 UST 3516).
(B) THIRD GENEVA CONVENTION.—The term “Third Geneva
Convention” means the international convention referred to in
subparagraph (A)(iii).
(b) REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL CODE.—
(1) IN GENERAL.—Section 2441 of title 18, United States Code, is
amended—
(A) in subsection (c), by striking paragraph (3) and inserting the
following new paragraph (3):
“(3) which constitutes a grave breach of common Article 3 (as defined in
subsection (d)) when committed in the context of and in association with
an armed conflict not of an international character; or”; and
(B) by adding at the end the following new subsection:

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MILITARY COMMISSIONS ACT OF 2006
“(d) COMMON ARTICLE 3 VIOLATIONS.—
“(1) PROHIBITED CONDUCT.—In subsection (c)(3), the term ‘grave
breach of common Article 3’ means any conduct (such conduct
constituting a grave breach of common Article 3 of the international
conventions done at Geneva August 12, 1949), as follows:
“(A) TORTURE.—The act of a person who commits, or conspires
or attempts to commit, an act specifically intended to inflict
severe physical or mental pain or suffering (other than pain or
suffering incidental to lawful sanctions) upon another person
within his custody or physical control for the purpose of
obtaining information or a confession, punishment, intimidation,
coercion, or any reason based on discrimination of any kind.
“(B) CRUEL OR INHUMAN TREATMENT.—The act of a person
who commits, or conspires or attempts to commit, an act
intended to inflict severe or serious physical or mental pain or
suffering (other than pain or suffering incidental to lawful
sanctions), including serious physical abuse, upon another within
his custody or control.
“(C) PERFORMING BIOLOGICAL EXPERIMENTS.—The act of a
person who subjects, or conspires or attempts to subject, one or
more persons within his custody or physical control to biological
experiments without a legitimate medical or dental purpose and
in so doing endangers the body or health of such person or
persons.
“(D) MURDER.—The act of a person who intentionally kills, or
conspires or attempts to kill, or kills whether intentionally or
unintentionally in the course of committing any other offense
under this subsection, one or more persons taking no active part
in the hostilities, including those placed out of combat by
sickness, wounds, detention, or any other cause.
“(E) MUTILATION OR MAIMING.—The act of a person who
intentionally injures, or conspires or attempts to injure, or injures
whether intentionally or unintentionally in the course of
committing any other offense under this subsection, one or more
persons taking no active part in the hostilities, including those
placed out of combat by sickness, wounds, detention, or any
other cause, by disfiguring the person or persons by any
mutilation thereof or by permanently disabling any member,
limb, or organ of his body, without any legitimate medical or
dental purpose.

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“(F) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.—
The act of a person who intentionally causes, or conspires or
attempts to cause, serious bodily injury to one or more persons,
including lawful combatants, in violation of the law of war.
“(G) RAPE.—The act of a person who forcibly or with coercion
or threat of force wrongfully invades, or conspires or attempts to
invade, the body of a person by penetrating, however slightly,
the anal or genital opening of the victim with any part of the
body of the accused, or with any foreign object.
“(H) SEXUAL ASSAULT OR ABUSE.—The act of a person who
forcibly or with coercion or threat of force engages, or conspires
or attempts to engage, in sexual contact with one or more
persons, or causes, or conspires or attempts to cause, one or more
persons to engage in sexual contact.
“(I) TAKING HOSTAGES.—The act of a person who, having
knowingly seized or detained one or more persons, threatens to
kill, injure, or continue to detain such person or persons with the
intent of compelling any nation, person other than the hostage, or
group of persons to act or refrain from acting as an explicit or
implicit condition for the safety or release of such person or
persons.
“(2) DEFINITIONS.—In the case of an offense under subsection (a) by
reason of subsection (c)(3)—
“(A) the term ‘severe mental pain or suffering’ shall be applied
for purposes of paragraphs (1)(A) and (1)(B) in accordance with
the meaning given that term in section 2340(2) of this title;
“(B) the term ‘serious bodily injury’ shall be applied for
purposes of paragraph (1)(F) in accordance with the meaning
given that term in section 113(b)(2) of this title;
“(C) the term ‘sexual contact’ shall be applied for purposes of
paragraph (1)(G) in accordance with the meaning given that term
in section 2246(3) of this title;
“(D) the term ‘serious physical pain or suffering’ shall be applied
for purposes of paragraph (1)(B) as meaning bodily injury that
involves—
“(i) a substantial risk of death;
“(ii) extreme physical pain;
“(iii) a burn or physical disfigurement of a serious nature
(other than cuts, abrasions, or bruises); or
“(iv) significant loss or impairment of the function of a
bodily member, organ, or mental faculty; and
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MILITARY COMMISSIONS ACT OF 2006
“(E) the term ‘serious mental pain or suffering’ shall be applied
for purposes of paragraph (1)(B) in accordance with the meaning
given the term ‘severe mental pain or suffering’ (as defined in
section 2340(2) of this title), except that—
“(i) the term ‘serious’ shall replace the term ‘severe’
where it appears; and
“(ii) as to conduct occurring after the date of the
enactment of the Military Commissions Act of 2006, the
term ‘serious and non-transitory mental harm (which
need not be prolonged)’ shall replace the term
‘prolonged mental harm’ where it appears.
“(3) INAPPLICABILITY OF CERTAIN PROVISIONS WITH RESPECT TO
COLLATERAL DAMAGE OR INCIDENT OF LAWFUL ATTACK.—The intent
specified for the conduct stated in subparagraphs (D), (E), and (F) or
paragraph (1) precludes the applicability of those subparagraphs to an
offense under subsection (a) by reasons of subsection (c)(3) with respect
to—
“(A) collateral damage; or
“(B) death, damage, or injury incident to a lawful attack.
“(4) INAPPLICABILITY OF TAKING HOSTAGES TO PRISONER
EXCHANGE.—Paragraph (1)(I) does not apply to an offense under
subsection (a) by reason of subsection (c)(3) in the case of a prisoner
exchange during wartime.
“(5) DEFINITION OF GRAVE BREACHES.—The definitions in this
subsection are intended only to define the grave breaches of common
Article 3 and not the full scope of United States obligations under that
Article.”.
(2) RETROACTIVE APPLICABILITY.—The amendments made by this
subsection, except as specified in subsection (d)(2)(E) of section 2441 of
title 18, United States Code, shall take effect as of November 26, 1997,
as if enacted immediately after the amendments made by section 583 of
Public Law 105–118 (as amended by section 4002(e)(7) of Public Law
107– 273).
(c) ADDITIONAL PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING
TREATMENT OR PUNISHMENT.—
(1) IN GENERAL.—No individual in the custody or under the physical
control of the United States Government, regardless of nationality or
physical location, shall be subject to cruel, inhuman, or degrading
treatment or punishment.
(2) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT
DEFINED.—In this subsection, the term “cruel, inhuman, or degrading
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treatment or punishment” means cruel, unusual, and inhumane treatment
or punishment prohibited by the Fifth, Eighth, and Fourteenth
Amendments to the Constitution of the United States, as defined in the
United States Reservations, Declarations and Understandings to the
United Nations Convention Against Torture and Other Forms of Cruel,
Inhuman or Degrading Treatment or Punishment done at New York,
December 10, 1984.
(3) COMPLIANCE.—The President shall take action to ensure compliance
with this subsection, including through the establishment of
administrative rules and procedures.
HABEAS CORPUS MATTERS
SEC. 7.
(a) IN GENERAL.—Section 2241 of title 28, United States Code, is amended by
striking both the subsection (e) added by section 1005(e)(1) of Public Law 109–
148 (119 Stat. 2742) and the subsection (e) added by added by section 1405(e)(1)
of Public Law 109–163 (119 Stat. 3477) and inserting the following new
subsection (e):
“(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an
application for a writ of habeas corpus filed by or on behalf of an alien detained
by the United States who has been determined by the United States to have been
properly detained as an enemy combatant or is awaiting such determination.
“(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of
the Detainee Treatment Act of 2005 (10 U.S.C. §801 note), no court,
justice, or judge shall have jurisdiction to hear or consider any other
action against the United States or its agents relating to any aspect of the
detention, transfer, treatment, trial, or conditions of confinement of an
alien who is or was detained by the United States and has been
determined by the United States to have been properly detained as an
enemy combatant or is awaiting such determination.”.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect
on the date of the enactment of this Act, and shall apply to all cases, without
exception, pending on or after the date of the enactment of this Act which relate
to any aspect of the detention, transfer, treatment, trial, or conditions of detention
of an alien detained by the United States since September 11, 2001.

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REVISIONS TO DETAINEE TREATMENT ACT OF 2005 RELATING TO
PROTECTION OF CERTAIN UNITED STATES GOVERNMENT PERSONNEL
SEC. 8.
(a) COUNSEL AND INVESTIGATIONS.—Section 1004(b) of the Detainee Treatment
Act of 2005 (42 U.S.C. §2000dd–1(b)) is amended—
(1) by striking “may provide” and inserting “shall provide”;
(2) by inserting “or investigation” after “criminal prosecution”; and
(3) by inserting “whether before United States courts or agencies, foreign
courts or agencies, or international courts or agencies,” after “described
in that subsection”.
(b) PROTECTION OF PERSONNEL.—Section 1004 of the Detainee Treatment Act
of 2005 (42 U.S.C. §2000dd–1) shall apply with respect to any criminal
prosecution that—
(1) relates to the detention and interrogation of aliens described in such
section;
(2) is grounded in section 2441(c)(3) of title 18, United States Code; and
(3) relates to actions occurring between September 11, 2001, and
December 30, 2005.
REVIEW OF JUDGMENTS OF MILITARY COMMISSIONS
SEC. 9.
Section 1005(e)(3) of the Detainee Treatment Act of 2005 (title X of Public Law
109–148; 119 Stat. 2740; 10 U.S.C. §801 note) is amended—
(1) in subparagraph (A), by striking “pursuant to Military Commission
Order No. 1. dated August 31, 2005 (or any successor military order)”
and inserting “by a military commission under chapter 47A of title 10,
United States Code”;
(2) by striking subparagraph (B) and inserting the following new
subparagraph (B):
“(B) GRANT OF REVIEW.—Review under this paragraph shall be
as of right.”;
(3) in subparagraph (C)—
(A) in clause (i)—
(i) by striking “pursuant to the military order” and
inserting “by a military commission”; and
(ii) by striking “at Guantanamo Bay, Cuba”; and
(B) in clause (ii), by striking “pursuant to such military order”
and inserting “by the military commission”; and
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MILITARY COMMISSIONS ACT OF 2006
(4) in subparagraph (D)(i), by striking “specified in the military order”
and inserting “specified for a military commission”.
DETENTION COVERED BY REVIEW OF DECISIONS OF COMBATANT STATUS
REVIEW TRIBUNALS OF PROPRIETY OF DETENTION
SEC. 10.
Section 1005(e)(2)(B)(i) of the Detainee Treatment Act of 2005 (title X of Public
Law 109–148; 119 Stat. 2742; 10 U.S.C. §801 note) is amended by striking “the
Department of Defense at Guantanamo Bay, Cuba” and inserting “the United
States”.

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FREEDOM OF INFORMATION ACT
SECTION 552 OF TITLE 5, UNITED STATES CODE
(THE “FREEDOM OF INFORMATION ACT”)
SECTION 552. PUBLIC INFORMATION; AGENCY RULES, OPINIONS, ORDERS,
RECORDS, AND PROCEEDINGS.
(a) Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the
Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the
established places at which, the employees (and in the case of a
uniformed service, the members) from whom, and the methods
whereby, the public may obtain information, make submittals or
requests, or obtain decisions;
(B) statements of the general course and method by which its
functions are channeled and determined, including the nature and
requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the
places at which forms may be obtained, and instructions as to the
scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as
authorized by law, and statements of general policy or
interpretations of general applicability formulated and adopted
by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of
the terms thereof, a person may not in any manner be required to
resort to, or be adversely affected by, a matter required to be
published in the Federal Register and not so published. For the
purpose of this paragraph, matter reasonably available to the
class of persons affected thereby is deemed published in the
Federal Register when incorporated by reference therein with the
approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make
available for public inspection and copying—
(A) final opinions, including concurring and dissenting opinions,
as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have
been adopted by the agency and are not published in the Federal
Register;
(C) administrative staff manuals and instructions to staff that
affect a member of the public;
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FREEDOM OF INFORMATION ACT
(D) copies of all records, regardless of form or format, which
have been released to any person under paragraph (3) and which,
because of the nature of their subject matter, the agency
determines have become or are likely to become the subject of
subsequent requests for substantially the same records; and
(E) a general index of the records referred to under subparagraph
(D); unless the materials are promptly published and copies
offered for sale. For records created on or after November 1,
1996, within one year after such date, each agency shall make
such records available, including by computer
telecommunications or, if computer telecommunications means
have not been established by the agency, by other electronic
means. To the extent required to prevent a clearly unwarranted
invasion of personal privacy, an agency may delete identifying
details when it makes available or publishes an opinion,
statement of policy, interpretation, staff manual, instruction, or
copies of records referred to in subparagraph (D). However, in
each case the justification for the deletion shall be explained
fully in writing, and the extent of such deletion shall be indicated
on the portion of the record which is made available or
published, unless including that indication would harm an
interest protected by the exemption in subsection (b) under
which the deletion is made. If technically feasible, the extent of
the deletion shall be indicated at the place in the record where
the deletion was made. Each agency shall also maintain and
make available for public inspection and copying current indexes
providing identifying information for the public as to any matter
issued, adopted, or promulgated after July 4, 1967, and required
by this paragraph to be made available or published. Each
agency shall promptly publish, quarterly or more frequently, and
distribute (by sale or otherwise) copies of each index or
supplements thereto unless it determines by order published in
the Federal Register that the publication would be unnecessary
and impracticable, in which case the agency shall nonetheless
provide copies of such index on request at a cost not to exceed
the direct cost of duplication. Each agency shall make the index
referred to in subparagraph (E) available by computer
telecommunications by December 31, 1999. A final order,
opinion, statement of policy, interpretation, or staff manual or
instruction that affects a member of the public may be relied on,
used, or cited as precedent by an agency against a party other
than an agency only if—
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(i) it has been indexed and either made available or
published as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms
thereof.
(3) (A) Except with respect to the records made available under
paragraphs (1) and (2) of this subsection, and except as provided in
subparagraph (E), each agency, upon any request for records which
(i) reasonably describes such records and
(ii) is made in accordance with published rules stating
the time, place, fees (if any), and procedures to be
followed, shall make the records promptly available to
any person.
(B) In making any record available to a person under this
paragraph, an agency shall provide the record in any form or
format requested by the person if the record is readily
reproducible by the agency in that form or format. Each agency
shall make reasonable efforts to maintain its records in forms or
formats that are reproducible for purposes of this section.
(C) In responding under this paragraph to a request for records,
an agency shall make reasonable efforts to search for the records
in electronic form or format, except when such efforts would
significantly interfere with the operation of the agency’s
automated information system.
(D) For purposes of this paragraph, the term “search” means to
review, manually or by automated means, agency records for the
purpose of locating those records which are responsive to a
request.
(E) An agency, or part of an agency, that is an element of the
intelligence community (as that term is defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. §401a (4))) shall
not make any record available under this paragraph to—
(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any
subdivision thereof; or
(ii) a representative of a government entity described in
clause (i).
(4) (A) (i) In order to carry out the provisions of this section, each
agency shall promulgate regulations, pursuant to notice and receipt of
public comment, specifying the schedule of fees applicable to the
processing of requests under this section and establishing procedures and
guidelines for determining when such fees should be waived or reduced.
Such schedule shall conform to the guidelines which shall be
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FREEDOM OF INFORMATION ACT
promulgated, pursuant to notice and receipt of public comment, by the
Director of the Office of Management and Budget and which shall
provide for a uniform schedule of fees for all agencies.
(ii) Such agency regulations shall provide that—
(I) fees shall be limited to reasonable standard
charges for document search, duplication, and
review, when records are requested for
commercial use;
(II) fees shall be limited to reasonable standard
charges for document duplication when records
are not sought for commercial use and the
request is made by an educational or
noncommercial scientific institution, whose
purpose is scholarly or scientific research; or a
representative of the news media; and
(III) for any request not described in (I) or (II),
fees shall be limited to reasonable standard
charges for document search and duplication.
(iii) Documents shall be furnished without any charge or
at a charge reduced below the fees established under
clause (ii) if disclosure of the information is in the public
interest because it is likely to contribute significantly to
public understanding of the operations or activities of the
government and is not primarily in the commercial
interest of the requester.
(iv) Fee schedules shall provide for the recovery of only
the direct costs of search, duplication, or review. Review
costs shall include only the direct costs incurred during
the initial examination of a document for the purposes of
determining whether the documents must be disclosed
under this section and for the purposes of withholding
any portions exempt from disclosure under this section.
Review costs may not include any costs incurred in
resolving issues of law or policy that may be raised in
the course of processing a request under this section. No
fee may be charged by any agency under this section—
(I) if the costs of routine collection and
processing of the fee are likely to equal or
exceed the amount of the fee; or
(II) for any request described in clause (ii) (II) or
(III) of this subparagraph for the first two hours
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FREEDOM OF INFORMATION ACT
of search time or for the first one hundred pages
of duplication.
(v) No agency may require advance payment of any fee
unless the requester has previously failed to pay fees in a
timely fashion, or the agency has determined that the fee
will exceed $250.
(vi) Nothing in this subparagraph shall supersede fees
chargeable under a statute specifically providing for
setting the level of fees for particular types of records.
(vii) In any action by a requester regarding the waiver of
fees under this section, the court shall determine the
matter de novo: Provided, That the court’s review of the
matter shall be limited to the record before the agency.
(B) On complaint, the district court of the United States in the
district in which the complainant resides, or has his principal
place of business, or in which the agency records are situated, or
in the District of Columbia, has jurisdiction to enjoin the agency
from withholding agency records and to order the production of
any agency records improperly withheld from the complainant.
In such a case the court shall determine the matter de novo, and
may examine the contents of such agency records in camera to
determine whether such records or any part thereof shall be
withheld under any of the exemptions set forth in subsection (b)
of this section, and the burden is on the agency to sustain its
action. In addition to any other matters to which a court accords
substantial weight, a court shall accord substantial weight to an
affidavit of an agency concerning the agency’s determination as
to technical feasibility under paragraph (2)(C) and subsection (b)
and reproducibility under paragraph (3)(B).
(C) Notwithstanding any other provision of law, the defendant
shall serve an answer or otherwise plead to any complaint made
under this subsection within thirty days after service upon the
defendant of the pleading in which such complaint is made,
unless the court otherwise directs for good cause shown.
(D) Repealed. Pub. L. 98–620, title IV, §402(2), Nov. 8, 1984,
98 Stat. 3357.
(E) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any
case under this section in which the complainant has
substantially prevailed.
(F) Whenever the court orders the production of any agency
records improperly withheld from the complainant and assesses
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FREEDOM OF INFORMATION ACT
against the United States reasonable attorney fees and other
litigation costs, and the court additionally issues a written finding
that the circumstances surrounding the withholding raise
questions whether agency personnel acted arbitrarily or
capriciously with respect to the withholding, the Special Counsel
shall promptly initiate a proceeding to determine whether
disciplinary action is warranted against the officer or employee
who was primarily responsible for the withholding. The Special
Counsel, after investigation and consideration of the evidence
submitted, shall submit his findings and recommendations to the
administrative authority of the agency concerned and shall send
copies of the findings and recommendations to the officer or
employee or his representative. The administrative authority
shall take the corrective action that the Special Counsel
recommends.
(G) In the event of noncompliance with the order of the court,
the district court may punish for contempt the responsible
employee, and in the case of a uniformed service, the responsible
member.
(5) Each agency having more than one member shall maintain and make
available for public inspection a record of the final votes of each member
in every agency proceeding.
(6) (A) Each agency, upon any request for records made under paragraph
(1), (2), or (3) of this subsection, shall—
(i) determine within 20 days (excepting Saturdays,
Sundays, and legal public holidays) after the receipt of
any such request whether to comply with such request
and shall immediately notify the person making such
request of such determination and the reasons therefor,
and of the right of such person to appeal to the head of
the agency any adverse determination; and
(ii) make a determination with respect to any appeal
within twenty days (excepting Saturdays, Sundays, and
legal public holidays) after the receipt of such appeal. If
on appeal the denial of the request for records is in
whole or in part upheld, the agency shall notify the
person making such request of the provisions for judicial
review of that determination under paragraph (4) of this
subsection.
(B) (i) In unusual circumstances as specified in this
subparagraph, the time limits prescribed in either clause (i) or
clause (ii) of subparagraph (A) may be extended by written
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FREEDOM OF INFORMATION ACT
notice to the person making such request setting forth the
unusual circumstances for such extension and the date on which
a determination is expected to be dispatched. No such notice
shall specify a date that would result in an extension for more
than ten working days, except as provided in clause (ii) of this
subparagraph.
(ii) With respect to a request for which a written notice
under clause (i) extends the time limits prescribed under
clause (i) of subparagraph (A), the agency shall notify
the person making the request if the request cannot be
processed within the time limit specified in that clause
and shall provide the person an opportunity to limit the
scope of the request so that it may be processed within
that time limit or an opportunity to arrange with the
agency an alternative time frame for processing the
request or a modified request. Refusal by the person to
reasonably modify the request or arrange such an
alternative time frame shall be considered as a factor in
determining whether exceptional circumstances exist for
purposes of subparagraph (C).
(iii) As used in this subparagraph, “unusual
circumstances” means, but only to the extent reasonably
necessary to the proper processing of the particular
requests—
(I) the need to search for and collect the
requested records from field facilities or other
establishments that are separate from the office
processing the request;
(II) the need to search for, collect, and
appropriately examine a voluminous amount of
separate and distinct records which are
demanded in a single request; or
(III) the need for consultation, which shall be
conducted with all practicable speed, with
another agency having a substantial interest in
the determination of the request or among two or
more components of the agency having
substantial subject-matter interest therein.
(iv) Each agency may promulgate regulations,
pursuant to notice and receipt of public
comment, providing for the aggregation of
certain requests by the same requestor, or by a
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FREEDOM OF INFORMATION ACT
group of requestors acting in concert, if the
agency reasonably believes that such requests
actually constitute a single request, which would
otherwise satisfy the unusual circumstances
specified in this subparagraph, and the requests
involve clearly related matters. Multiple requests
involving unrelated matters shall not be
aggregated.
(C) (i) Any person making a request to any agency for records
under paragraph (1), (2), or (3) of this subsection shall be
deemed to have exhausted his administrative remedies with
respect to such request if the agency fails to comply with the
applicable time limit provisions of this paragraph. If the
Government can show exceptional circumstances exist and that
the agency is exercising due diligence in responding to the
request, the court may retain jurisdiction and allow the agency
additional time to complete its review of the records. Upon any
determination by an agency to comply with a request for records,
the records shall be made promptly available to such person
making such request. Any notification of denial of any request
for records under this subsection shall set forth the names and
titles or positions of each person responsible for the denial of
such request.
(ii) For purposes of this subparagraph, the term
“exceptional circumstances” does not include a delay
that results from a predictable agency workload of
requests under this section, unless the agency
demonstrates reasonable progress in reducing its backlog
of pending requests.
(iii) Refusal by a person to reasonably modify the scope
of a request or arrange an alternative time frame for
processing a request (or a modified request) under clause
(ii) after being given an opportunity to do so by the
agency to whom the person made the request shall be
considered as a factor in determining whether
exceptional circumstances exist for purposes of this
subparagraph.
(D) (i) Each agency may promulgate regulations, pursuant to
notice and receipt of public comment, providing for multitrack
processing of requests for records based on the amount of work
or time (or both) involved in processing requests.
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FREEDOM OF INFORMATION ACT
(ii) Regulations under this subparagraph may provide a
person making a request that does not qualify for the
fastest multitrack processing an opportunity to limit the
scope of the request in order to qualify for faster
processing.
(iii) This subparagraph shall not be considered to affect
the requirement under subparagraph (C) to exercise due
diligence.
(E) (i) Each agency shall promulgate regulations, pursuant to
notice and receipt of public comment, providing for expedited
processing of requests for records—
(I) in cases in which the person requesting the
records demonstrates a compelling need; and
(II) in other cases determined by the agency.
(ii) Notwithstanding clause (i), regulations under this
subparagraph must ensure—
(I) that a determination of whether to provide
expedited processing shall be made, and notice
of the determination shall be provided to the
person making the request, within 10 days after
the date of the request; and
(II) expeditious consideration of administrative
appeals of such determinations of whether to
provide expedited processing.
(iii) An agency shall process as soon as practicable any
request for records to which the agency has granted
expedited processing under this subparagraph. Agency
action to deny or affirm denial of a request for expedited
processing pursuant to this subparagraph, and failure by
an agency to respond in a timely manner to such a
request shall be subject to judicial review under
paragraph (4), except that the judicial review shall be
based on the record before the agency at the time of the
determination.
(iv) A district court of the United States shall not have
jurisdiction to review an agency denial of expedited
processing of a request for records after the agency has
provided a complete response to the request.
(v) For purposes of this subparagraph, the term
“compelling need” means—
(I) that a failure to obtain requested records on
an expedited basis under this paragraph could
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FREEDOM OF INFORMATION ACT
reasonably be expected to pose an imminent
threat to the life or physical safety of an
individual; or
(II) with respect to a request made by a person
primarily engaged in disseminating information,
urgency to inform the public concerning actual
or alleged Federal Government activity.
(vi) A demonstration of a compelling need by a person
making a request for expedited processing shall be made
by a statement certified by such person to be true and
correct to the best of such person’s knowledge and
belief.
(F) In denying a request for records, in whole or in part, an
agency shall make a reasonable effort to estimate the volume of
any requested matter the provision of which is denied, and shall
provide any such estimate to the person making the request,
unless providing such estimate would harm an interest protected
by the exemption in subsection (b) pursuant to which the denial
is made.
(b) This section does not apply to matters that are—
(1) (A) specifically authorized under criteria established by an Executive
order to be kept secret in the interest of national defense or foreign policy
and
(B) are in fact properly classified pursuant to such Executive
order;
(2) related solely to the internal personnel rules and practices of an
agency;
(3) specifically exempted from disclosure by statute (other than section
552b of this title), provided that such statute
(A) requires that the matters be withheld from the public in such
a manner as to leave no discretion on the issue, or
(B) establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(4) trade secrets and commercial or financial information obtained from a
person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters which would
not be available by law to a party other than an agency in litigation with
the agency;
(6) personnel and medical files and similar files the disclosure of which
would constitute a clearly unwarranted invasion of personal privacy;

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(7) records or information compiled for law enforcement purposes, but
only to the extent that the production of such law enforcement records or
information
(A) could reasonably be expected to interfere with enforcement
proceedings,
(B) would deprive a person of a right to a fair trial or an
impartial adjudication,
(C) could reasonably be expected to constitute an unwarranted
invasion of personal privacy,
(D) could reasonably be expected to disclose the identity of a
confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information
on a confidential basis, and, in the case of a record or
information compiled by criminal law enforcement authority in
the course of a criminal investigation or by an agency conducting
a lawful national security intelligence investigation, information
furnished by a confidential source,
(E) would disclose techniques and procedures for law
enforcement investigations or prosecutions, or would disclose
guidelines for law enforcement investigations or prosecutions if
such disclosure could reasonably be expected to risk
circumvention of the law, or
(F) could reasonably be expected to endanger the life or physical
safety of any individual;
(8) contained in or related to examination, operating, or condition reports
prepared by, on behalf of, or for the use of an agency responsible for the
regulation or supervision of financial institutions; or
(9) geological and geophysical information and data, including maps,
concerning wells.
Any reasonably segregable portion of a record shall be provided to any
person requesting such record after deletion of the portions which are
exempt under this subsection. The amount of information deleted shall
be indicated on the released portion of the record, unless including that
indication would harm an interest protected by the exemption in this
subsection under which the deletion is made. If technically feasible, the
amount of the information deleted shall be indicated at the place in the
record where such deletion is made.
(c) (1) Whenever a request is made which involves access to records described in
subsection (b)(7)(A) and—
(A) the investigation or proceeding involves a possible violation
of criminal law; and
(B) there is reason to believe that
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(i) the subject of the investigation or proceeding is not
aware of its pendency, and
(ii) disclosure of the existence of the records could
reasonably be expected to interfere with enforcement
proceedings,
the agency may, during only such time as that
circumstance continues, treat the records as not subject
to the requirements of this section.
(2) Whenever informant records maintained by a criminal law
enforcement agency under an informant’s name or personal identifier are
requested by a third party according to the informant’s name or personal
identifier, the agency may treat the records as not subject to the
requirements of this section unless the informant’s status as an informant
has been officially confirmed.
(3) Whenever a request is made which involves access to records
maintained by the Federal Bureau of Investigation pertaining to foreign
intelligence or counterintelligence, or international terrorism, and the
existence of the records is classified information as provided in
subsection (b)(1), the Bureau may, as long as the existence of the records
remains classified information, treat the records as not subject to the
requirements of this section.
(d) This section does not authorize withholding of information or limit the
availability of records to the public, except as specifically stated in this section.
This section is not authority to withhold information from Congress.
(e) (1) On or before February 1 of each year, each agency shall submit to the
Attorney General of the United States a report which shall cover the preceding
fiscal year and which shall include—
(A) the number of determinations made by the agency not to
comply with requests for records made to such agency under
subsection (a) and the reasons for each such determination;
(B) (i) the number of appeals made by persons under subsection
(a)(6), the result of such appeals, and the reason for the action
upon each appeal that results in a denial of information; and
(ii) a complete list of all statutes that the agency relies
upon to authorize the agency to withhold information
under subsection (b)(3), a description of whether a court
has upheld the decision of the agency to withhold
information under each such statute, and a concise
description of the scope of any information withheld;
(C) the number of requests for records pending before the agency
as of September 30 of the preceding year, and the median
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number of days that such requests had been pending before the
agency as of that date;
(D) the number of requests for records received by the agency
and the number of requests which the agency processed;
(E) the median number of days taken by the agency to process
different types of requests;
(F) the total amount of fees collected by the agency for
processing requests; and
(G) the number of full-time staff of the agency devoted to
processing requests for records under this section, and the total
amount expended by the agency for processing such requests.
(2) Each agency shall make each such report available to the public
including by computer telecommunications, or if computer
telecommunications means have not been established by the agency, by
other electronic means.
(3) The Attorney General of the United States shall make each report
which has been made available by electronic means available at a single
electronic access point. The Attorney General of the United States shall
notify the Chairman and ranking minority member of the Committee on
Government Reform and Oversight of the House of Representatives and
the Chairman and ranking minority member of the Committees on
Governmental Affairs and the Judiciary of the Senate, no later than April
1 of the year in which each such report is issued, that such reports are
available by electronic means.
(4) The Attorney General of the United States, in consultation with the
Director of the Office of Management and Budget, shall develop
reporting and performance guidelines in connection with reports required
by this subsection by October 1, 1997, and may establish additional
requirements for such reports as the Attorney General determines may be
useful.
(5) The Attorney General of the United States shall submit an annual
report on or before April 1 of each calendar year which shall include for
the prior calendar year a listing of the number of cases arising under this
section, the exemption involved in each case, the disposition of such
case, and the cost, fees, and penalties assessed under subparagraphs (E),
(F), and (G) of subsection (a)(4). Such report shall also include a
description of the efforts undertaken by the Department of Justice to
encourage agency compliance with this section.
(f) For purposes of this section, the term—
(1) “agency” as defined in section 551 (1) of this title includes any
executive department, military department, Government corporation,
Government controlled corporation, or other establishment in the
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executive branch of the Government (including the Executive Office of
the President), or any independent regulatory agency; and
(2) “record” and any other term used in this section in reference to
information includes any information that would be an agency record
subject to the requirements of this section when maintained by an agency
in any format, including an electronic format.
(g) The head of each agency shall prepare and make publicly available upon
request, reference material or a guide for requesting records or information from
the agency, subject to the exemptions in subsection (b), including—
(1) an index of all major information systems of the agency;
(2) a description of major information and record locator systems
maintained by the agency; and
(3) a handbook for obtaining various types and categories of public
information from the agency pursuant to chapter 35 of title 44, and under
this section.

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SECTION 552A OF TITLE 5, UNITED STATES CODE
(THE “PRIVACY ACT”)
SECTION 552A. RECORDS MAINTAINED ON INDIVIDUALS
(a) DEFINITIONS.—For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) of this
title;
(2) the term “individual” means a citizen of the United States or an alien
lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of
information about an individual that is maintained by an agency,
including, but not limited to, his education, financial transactions,
medical history, and criminal or employment history and that contains
his name, or the identifying number, symbol, or other identifying
particular assigned to the individual, such as a finger or voice print or a
photograph;
(5) the term “system of records” means a group of any records under the
control of any agency from which information is retrieved by the name
of the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual, except as provided by section 8 of title 13;
(7) the term “routine use” means, with respect to the disclosure of a
record, the use of such record for a purpose which is compatible with the
purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a
system of records with non-Federal records for the
purpose of—
(I) establishing or verifying the eligibility of, or
continuing compliance with statutory and
regulatory requirements by, applicants for,
recipients or beneficiaries of, participants in, or
providers of services with respect to, cash or inkind assistance or payments under Federal
benefit programs, or
(II) recouping payments or delinquent debts
under such Federal benefit programs, or
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(ii) two or more automated Federal personnel or payroll
systems of records or a system of Federal personnel or
payroll records with non-Federal records,
(B) but does not include—
(i) matches performed to produce aggregate statistical
data without any personal identifiers;
(ii) matches performed to support any research or
statistical project, the specific data of which may not be
used to make decisions concerning the rights, benefits,
or privileges of specific individuals;
(iii) matches performed, by an agency (or component
thereof) which performs as its principal function any
activity pertaining to the enforcement of criminal laws,
subsequent to the initiation of a specific criminal or civil
law enforcement investigation of a named person or
persons for the purpose of gathering evidence against
such person or persons;
(iv) matches of tax information (I) pursuant to section
6103(d) of the Internal Revenue Code of 1986, (II) for
purposes of tax administration as defined in section
6103(b)(4) of such Code, (III) for the purpose of
intercepting a tax refund due an individual under
authority granted by section 404(e), 464, or 1137 of the
Social Security Act; or (IV) for the purpose of
intercepting a tax refund due an individual under any
other tax refund intercept program authorized by statute
which has been determined by the Director of the Office
of Management and Budget to contain verification,
notice, and hearing requirements that are substantially
similar to the procedures in section 1137 of the Social
Security Act;
(v) matches—
(I) using records predominantly relating to
Federal personnel, that are performed for routine
administrative purposes (subject to guidance
provided by the Director of the Office of
Management and Budget pursuant to subsection
(v)); or
(II) conducted by an agency using only records
from systems of records maintained by that
agency;
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PRIVACY ACT
if the purpose of the match is not to take any adverse
financial, personnel, disciplinary, or other adverse action
against Federal personnel;
(vi) matches performed for foreign counterintelligence
purposes or to produce background checks for security
clearances of Federal personnel or Federal contractor
personnel;
(vii) matches performed incident to a levy described in
section 6103(k)(8) of the Internal Revenue Code of
1986; or
(viii) matches performed pursuant to section 202(x)(3)
or 1611(e)(1) of the Social Security Act (42 U.S.C.
§402(x)(3), 1382(e)(1));
(9) the term “recipient agency” means any agency, or contractor thereof,
receiving records contained in a system of records from a source agency
for use in a matching program;
(10) the term “non-Federal agency” means any State or local
government, or agency thereof, which receives records contained in a
system of records from a source agency for use in a matching program;
(11) the term “source agency” means any agency which discloses records
contained in a system of records to be used in a matching program, or
any State or local government, or agency thereof, which discloses
records to be used in a matching program;
(12) the term “Federal benefit program” means any program
administered or funded by the Federal Government, or by any agent or
State on behalf of the Federal Government, providing cash or in-kind
assistance in the form of payments, grants, loans, or loan guarantees to
individuals; and
(13) the term “Federal personnel” means officers and employees of the
Government of the United States, members of the uniformed services
(including members of the Reserve Components), individuals entitled to
receive immediate or deferred retirement benefits under any retirement
program of the Government of the United States (including survivor
benefits).
(b) CONDITIONS OF DISCLOSURE.—No agency shall disclose any record which is
contained in a system of records by any means of communication to any person,
or to another agency, except pursuant to a written request by, or with the prior
written consent of, the individual to whom the record pertains, unless disclosure
of the record would be—
(1) to those officers and employees of the agency which maintains the
record who have a need for the record in the performance of their duties;
(2) required under section 552 of this title;
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(3) for a routine use as defined in subsection (a)(7) of this section and
described under subsection (e)(4)(D) of this section;
(4) to the Bureau of the Census for purposes of planning or carrying out a
census or survey or related activity pursuant to the provisions of title 13;
(5) to a recipient who has provided the agency with advance adequate
written assurance that the record will be used solely as a statistical
research or reporting record, and the record is to be transferred in a form
that is not individually identifiable;
(6) to the National Archives and Records Administration as a record
which has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the
Archivist of the United States or the designee of the Archivist to
determine whether the record has such value;
(7) to another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a civil or
criminal law enforcement activity if the activity is authorized by law, and
if the head of the agency or instrumentality has made a written request to
the agency which maintains the record specifying the particular portion
desired and the law enforcement activity for which the record is sought;
(8) to a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if upon such disclosure
notification is transmitted to the last known address of such individual;
(9) to either House of Congress, or, to the extent of matter within its
jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(10) to the Comptroller General, or any of his authorized representatives,
in the course of the performance of the duties of the Government
Accountability Office;
(11) pursuant to the order of a court of competent jurisdiction; or
(12) to a consumer reporting agency in accordance with section 3711(e)
of title 31.
(c) ACCOUNTING OF CERTAIN DISCLOSURES.—Each agency, with respect to each
system of records under its control, shall—
(1) except for disclosures made under subsections (b)(1) or (b)(2) of this
section, keep an accurate accounting of—
(A) the date, nature, and purpose of each disclosure of a record
to any person or to another agency made under subsection (b) of
this section; and
(B) the name and address of the person or agency to whom the
disclosure is made;

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(2) retain the accounting made under paragraph (1) of this subsection for
at least five years or the life of the record, whichever is longer, after the
disclosure for which the accounting is made;
(3) except for disclosures made under subsection (b)(7) of this section,
make the accounting made under paragraph (1) of this subsection
available to the individual named in the record at his request; and
(4) inform any person or other agency about any correction or notation of
dispute made by the agency in accordance with subsection (d) of this
section of any record that has been disclosed to the person or agency if
an accounting of the disclosure was made.
(d) ACCESS TO RECORDS.—Each agency that maintains a system of records
shall—
(1) upon request by any individual to gain access to his record or to any
information pertaining to him which is contained in the system, permit
him and upon his request, a person of his own choosing to accompany
him, to review the record and have a copy made of all or any portion
thereof in a form comprehensible to him, except that the agency may
require the individual to furnish a written statement authorizing
discussion of that individual’s record in the accompanying person’s
presence;
(2) permit the individual to request amendment of a record pertaining to
him and—
(A) not later than 10 days (excluding Saturdays, Sundays, and
legal public holidays) after the date of receipt of such request,
acknowledge in writing such receipt; and
(B) promptly, either—
(i) make any correction of any portion thereof which the
individual believes is not accurate, relevant, timely, or
complete; or
(ii) inform the individual of its refusal to amend the
record in accordance with his request, the reason for the
refusal, the procedures established by the agency for the
individual to request a review of that refusal by the head
of the agency or an officer designated by the head of the
agency, and the name and business address of that
official;
(3) permit the individual who disagrees with the refusal of the agency to
amend his record to request a review of such refusal, and not later than
30 days (excluding Saturdays, Sundays, and legal public holidays) from
the date on which the individual requests such review, complete such
review and make a final determination unless, for good cause shown, the
head of the agency extends such 30-day period; and if, after his review,
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the reviewing official also refuses to amend the record in accordance
with the request, permit the individual to file with the agency a concise
statement setting forth the reasons for his disagreement with the refusal
of the agency, and notify the individual of the provisions for judicial
review of the reviewing official’s determination under subsection
(g)(1)(A) of this section;
(4) in any disclosure, containing information about which the individual
has filed a statement of disagreement, occurring after the filing of the
statement under paragraph (3) of this subsection, clearly note any portion
of the record which is disputed and provide copies of the statement and,
if the agency deems it appropriate, copies of a concise statement of the
reasons of the agency for not making the amendments requested, to
persons or other agencies to whom the disputed record has been
disclosed; and
(5) nothing in this section shall allow an individual access to any
information compiled in reasonable anticipation of a civil action or
proceeding.
(e) AGENCY REQUIREMENTS.—Each agency that maintains a system of records
shall—
(1) maintain in its records only such information about an individual as is
relevant and necessary to accomplish a purpose of the agency required to
be accomplished by statute or by executive order of the President;
(2) collect information to the greatest extent practicable directly from the
subject individual when the information may result in adverse
determinations about an individual’s rights, benefits, and privileges
under Federal programs;
(3) inform each individual whom it asks to supply information, on the
form which it uses to collect the information or on a separate form that
can be retained by the individual—
(A) the authority (whether granted by statute, or by executive
order of the President) which authorizes the solicitation of the
information and whether disclosure of such information is
mandatory or voluntary;
(B) the principal purpose or purposes for which the information
is intended to be used;
(C) the routine uses which may be made of the information, as
published pursuant to paragraph (4)(D) of this subsection; and
(D) the effects on him, if any, of not providing all or any part of
the requested information;
(4) subject to the provisions of paragraph (11) of this subsection, publish
in the Federal Register upon establishment or revision a notice of the
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existence and character of the system of records, which notice shall
include—
(A) the name and location of the system;
(B) the categories of individuals on whom records are
maintained in the system;
(C) the categories of records maintained in the system;
(D) each routine use of the records contained in the system,
including the categories of users and the purpose of such use;
(E) the policies and practices of the agency regarding storage,
retrievability, access controls, retention, and disposal of the
records;
(F) the title and business address of the agency official who is
responsible for the system of records;
(G) the agency procedures whereby an individual can be notified
at his request if the system of records contains a record
pertaining to him;
(H) the agency procedures whereby an individual can be notified
at his request how he can gain access to any record pertaining to
him contained in the system of records, and how he can contest
its content; and
(I) the categories of sources of records in the system;
(5) maintain all records which are used by the agency in making any
determination about any individual with such accuracy, relevance,
timeliness, and completeness as is reasonably necessary to assure
fairness to the individual in the determination;
(6) prior to disseminating any record about an individual to any person
other than an agency, unless the dissemination is made pursuant to
subsection (b)(2) of this section, make reasonable efforts to assure that
such records are accurate, complete, timely, and relevant for agency
purposes;
(7) maintain no record describing how any individual exercises rights
guaranteed by the First Amendment unless expressly authorized by
statute or by the individual about whom the record is maintained or
unless pertinent to and within the scope of an authorized law
enforcement activity;
(8) make reasonable efforts to serve notice on an individual when any
record on such individual is made available to any person under
compulsory legal process when such process becomes a matter of public
record;
(9) establish rules of conduct for persons involved in the design,
development, operation, or maintenance of any system of records, or in
maintaining any record, and instruct each such person with respect to
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such rules and the requirements of this section, including any other rules
and procedures adopted pursuant to this section and the penalties for
noncompliance;
(10) establish appropriate administrative, technical, and physical
safeguards to insure the security and confidentiality of records and to
protect against any anticipated threats or hazards to their security or
integrity which could result in substantial harm, embarrassment,
inconvenience, or unfairness to any individual on whom information is
maintained;
(11) at least 30 days prior to publication of information under paragraph
(4)(D) of this subsection, publish in the Federal Register notice of any
new use or intended use of the information in the system, and provide an
opportunity for interested persons to submit written data, views, or
arguments to the agency; and
(12) if such agency is a recipient agency or a source agency in a
matching program with a non-Federal agency, with respect to any
establishment or revision of a matching program, at least 30 days prior to
conducting such program, publish in the Federal Register notice of such
establishment or revision.
(f) AGENCY RULES.—In order to carry out the provisions of this section, each
agency that maintains a system of records shall promulgate rules, in accordance
with the requirements (including general notice) of section 553 of this title,
which shall—
(1) establish procedures whereby an individual can be notified in
response to his request if any system of records named by the individual
contains a record pertaining to him;
(2) define reasonable times, places, and requirements for identifying an
individual who requests his record or information pertaining to him
before the agency shall make the record or information available to the
individual;
(3) establish procedures for the disclosure to an individual upon his
request of his record or information pertaining to him, including special
procedure, if deemed necessary, for the disclosure to an individual of
medical records, including psychological records, pertaining to him;
(4) establish procedures for reviewing a request from an individual
concerning the amendment of any record or information pertaining to the
individual, for making a determination on the request, for an appeal
within the agency of an initial adverse agency determination, and for
whatever additional means may be necessary for each individual to be
able to exercise fully his rights under this section; and

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(5) establish fees to be charged, if any, to any individual for making
copies of his record, excluding the cost of any search for and review of
the record.
The Office of the Federal Register shall biennially compile and publish
the rules promulgated under this subsection and agency notices published
under subsection (e)(4) of this section in a form available to the public at
low cost.
(g)(1) CIVIL REMEDIES.—Whenever any agency
(A) makes a determination under subsection (d)(3) of this section
not to amend an individual’s record in accordance with his
request, or fails to make such review in conformity with that
subsection;
(B) refuses to comply with an individual request under
subsection (d)(1) of this section;
(C) fails to maintain any record concerning any individual with
such accuracy, relevance, timeliness, and completeness as is
necessary to assure fairness in any determination relating to the
qualifications, character, rights, or opportunities of, or benefits to
the individual that may be made on the basis of such record, and
consequently a determination is made which is adverse to the
individual; or
(D) fails to comply with any other provision of this section, or
any rule promulgated thereunder, in such a way as to have an
adverse effect on an individual,
the individual may bring a civil action against the agency, and the district
courts of the United States shall have jurisdiction in the matters under the
provisions of this subsection.
(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of
this section, the court may order the agency to amend the individual’s
record in accordance with his request or in such other way as the court
may direct. In such a case the court shall determine the matter de novo.
(B) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any
case under this paragraph in which the complainant has
substantially prevailed.
(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of
this section, the court may enjoin the agency from withholding the
records and order the production to the complainant of any agency
records improperly withheld from him. In such a case the court shall
determine the matter de novo, and may examine the contents of any
agency records in camera to determine whether the records or any
portion thereof may be withheld under any of the exemptions set forth in
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subsection (k) of this section, and the burden is on the agency to sustain
its action.
(B) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any
case under this paragraph in which the complainant has
substantially prevailed.
(4) In any suit brought under the provisions of subsection (g)(1)(C) or
(D) of this section in which the court determines that the agency acted in
a manner which was intentional or willful, the United States shall be
liable to the individual in an amount equal to the sum of—
(A) actual damages sustained by the individual as a result of the
refusal or failure, but in no case shall a person entitled to
recovery receive less than the sum of $1,000; and
(B) the costs of the action together with reasonable attorney fees
as determined by the court.
(5) An action to enforce any liability created under this section may be
brought in the district court of the United States in the district in which
the complainant resides, or has his principal place of business, or in
which the agency records are situated, or in the District of Columbia,
without regard to the amount in controversy, within two years from the
date on which the cause of action arises, except that where an agency has
materially and willfully misrepresented any information required under
this section to be disclosed to an individual and the information so
misrepresented is material to establishment of the liability of the agency
to the individual under this section, the action may be brought at any
time within two years after discovery by the individual of the
misrepresentation. Nothing in this section shall be construed to authorize
any civil action by reason of any injury sustained as the result of a
disclosure of a record prior to September 27, 1975.
(h) RIGHTS OF LEGAL GUARDIANS.—For the purposes of this section, the parent
of any minor, or the legal guardian of any individual who has been declared to be
incompetent due to physical or mental incapacity or age by a court of competent
jurisdiction, may act on behalf of the individual.
(i)(1) CRIMINAL PENALTIES.—Any officer or employee of an agency, who by
virtue of his employment or official position, has possession of, or access to,
agency records which contain individually identifiable information the disclosure
of which is prohibited by this section or by rules or regulations established
thereunder, and who knowing that disclosure of the specific material is so
prohibited, willfully discloses the material in any manner to any person or agency
not entitled to receive it, shall be guilty of a misdemeanor and fined not more
than $5,000.
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(2) Any officer or employee of any agency who willfully maintains a
system of records without meeting the notice requirements of subsection
(e)(4) of this section shall be guilty of a misdemeanor and fined not more
than $5,000.
(3) Any person who knowingly and willfully requests or obtains any
record concerning an individual from an agency under false pretenses
shall be guilty of a misdemeanor and fined not more than $5,000.
(j) GENERAL EXEMPTIONS.—The head of any agency may promulgate rules, in
accordance with the requirements (including general notice) of sections
553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records
within the agency from any part of this section except subsections (b), (c)(1) and
(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of
records is—
(1) maintained by the Central Intelligence Agency; or
(2) maintained by an agency or component thereof which performs as its
principal function any activity pertaining to the enforcement of criminal
laws, including police efforts to prevent, control, or reduce crime or to
apprehend criminals, and the activities of prosecutors, courts,
correctional, probation, pardon, or parole authorities, and which consists
of (A) information compiled for the purpose of identifying individual
criminal offenders and alleged offenders and consisting only of
identifying data and notations of arrests, the nature and disposition of
criminal charges, sentencing, confinement, release, and parole and
probation status; (B) information compiled for the purpose of a criminal
investigation, including reports of informants and investigators, and
associated with an identifiable individual; or (C) reports identifiable to an
individual compiled at any stage of the process of enforcement of the
criminal laws from arrest or indictment through release from supervision.
At the time rules are adopted under this subsection, the agency shall include in
the statement required under section 553(c) of this title, the reasons why the
system of records is to be exempted from a provision of this section.
(k) SPECIFIC EXEMPTIONS.—The head of any agency may promulgate rules, in
accordance with the requirements (including general notice) of sections
553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records
within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and
(f) of this section if the system of records is—
(1) subject to the provisions of section 552(b)(1) of this title;
(2) investigatory material compiled for law enforcement purposes, other
than material within the scope of subsection (j)(2) of this section:
Provided, however, That if any individual is denied any right, privilege,
or benefit that he would otherwise be entitled by Federal law, or for
which he would otherwise be eligible, as a result of the maintenance of
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such material, such material shall be provided to such individual, except
to the extent that the disclosure of such material would reveal the identity
of a source who furnished information to the Government under an
express promise that the identity of the source would be held in
confidence, or, prior to the effective date of this section, under an
implied promise that the identity of the source would be held in
confidence;
(3) maintained in connection with providing protective services to the
President of the United States or other individuals pursuant to section
3056 of title 18;
(4) required by statute to be maintained and used solely as statistical
records;
(5) investigatory material compiled solely for the purpose of determining
suitability, eligibility, or qualifications for Federal civilian employment,
military service, Federal contracts, or access to classified information,
but only to the extent that the disclosure of such material would reveal
the identity of a source who furnished information to the Government
under an express promise that the identity of the source would be held in
confidence, or, prior to the effective date of this section, under an
implied promise that the identity of the source would be held in
confidence;
(6) testing or examination material used solely to determine individual
qualifications for appointment or promotion in the Federal service the
disclosure of which would compromise the objectivity or fairness of the
testing or examination process; or
(7) evaluation material used to determine potential for promotion in the
armed services, but only to the extent that the disclosure of such material
would reveal the identity of a source who furnished information to the
Government under an express promise that the identity of the source
would be held in confidence, or, prior to the effective date of this section,
under an implied promise that the identity of the source would be held in
confidence.
At the time rules are adopted under this subsection, the agency shall include in
the statement required under section 553(c) of this title, the reasons why the
system of records is to be exempted from a provision of this section.
(l)(1) ARCHIVAL RECORDS.—Each agency record which is accepted by the
Archivist of the United States for storage, processing, and servicing in
accordance with section 3103 of title 44 shall, for the purposes of this section, be
considered to be maintained by the agency which deposited the record and shall
be subject to the provisions of this section. The Archivist of the United States
shall not disclose the record except to the agency which maintains the record, or
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under rules established by that agency which are not inconsistent with the
provisions of this section.
(2) Each agency record pertaining to an identifiable individual which was
transferred to the National Archives of the United States as a record
which has sufficient historical or other value to warrant its continued
preservation by the United States Government, prior to the effective date
of this section, shall, for the purposes of this section, be considered to be
maintained by the National Archives and shall not be subject to the
provisions of this section, except that a statement generally describing
such records (modeled after the requirements relating to records subject
to subsections (e)(4)(A) through (G) of this section) shall be published in
the Federal Register.
(3) Each agency record pertaining to an identifiable individual which is
transferred to the National Archives of the United States as a record
which has sufficient historical or other value to warrant its continued
preservation by the United States Government, on or after the effective
date of this section, shall, for the purposes of this section, be considered
to be maintained by the National Archives and shall be exempt from the
requirements of this section except subsections (e)(4)(A) through (G) and
(e)(9) of this section.
(m)(1) GOVERNMENT CONTRACTORS.—When an agency provides by a contract
for the operation by or on behalf of the agency of a system of records to
accomplish an agency function, the agency shall, consistent with its authority,
cause the requirements of this section to be applied to such system. For purposes
of subsection (i) of this section any such contractor and any employee of such
contractor, if such contract is agreed to on or after the effective date of this
section, shall be considered to be an employee of an agency.
(2) A consumer reporting agency to which a record is disclosed under
section 3711(e) of title 31 shall not be considered a contractor for the
purposes of this section.
(n) MAILING LISTS.—An individual’s name and address may not be sold or
rented by an agency unless such action is specifically authorized by law. This
provision shall not be construed to require the withholding of names and
addresses otherwise permitted to be made public.
(o) MATCHING AGREEMENTS.—
(1) No record which is contained in a system of records may be disclosed
to a recipient agency or non-Federal agency for use in a computer
matching program except pursuant to a written agreement between the
source agency and the recipient agency or non-Federal agency
specifying—
(A) the purpose and legal authority for conducting the program;
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(B) the justification for the program and the anticipated results,
including a specific estimate of any savings;
(C) a description of the records that will be matched, including
each data element that will be used, the approximate number of
records that will be matched, and the projected starting and
completion dates of the matching program;
(D) procedures for providing individualized notice at the time of
application, and notice periodically thereafter as directed by the
Data Integrity Board of such agency (subject to guidance
provided by the Director of the Office of Management and
Budget pursuant to subsection (v)), to—
(i) applicants for and recipients of financial assistance or
payments under Federal benefit programs, and
(ii) applicants for and holders of positions as Federal
personnel,
that any information provided by such applicants, recipients,
holders, and individuals may be subject to verification through
matching programs;
(E) procedures for verifying information produced in such
matching program as required by subsection (p);
(F) procedures for the retention and timely destruction of
identifiable records created by a recipient agency or non-Federal
agency in such matching program;
(G) procedures for ensuring the administrative, technical, and
physical security of the records matched and the results of such
programs;
(H) prohibitions on duplication and redisclosure of records
provided by the source agency within or outside the recipient
agency or the non-Federal agency, except where required by law
or essential to the conduct of the matching program;
(I) procedures governing the use by a recipient agency or nonFederal agency of records provided in a matching program by a
source agency, including procedures governing return of the
records to the source agency or destruction of records used in
such program;
(J) information on assessments that have been made on the
accuracy of the records that will be used in such matching
program; and
(K) that the Comptroller General may have access to all records
of a recipient agency or a non-Federal agency that the
Comptroller General deems necessary in order to monitor or
verify compliance with the agreement.
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(2)(A) A copy of each agreement entered into pursuant to paragraph (1)
shall—
(i) be transmitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government
Operations of the House of Representatives; and
(ii) be available upon request to the public.
(B) No such agreement shall be effective until 30 days after the
date on which such a copy is transmitted pursuant to
subparagraph (A)(i).
(C) Such an agreement shall remain in effect only for such
period, not to exceed 18 months, as the Data Integrity Board of
the agency determines is appropriate in light of the purposes, and
length of time necessary for the conduct, of the matching
program.
(D) Within 3 months prior to the expiration of such an agreement
pursuant to subparagraph (C), the Data Integrity Board of the
agency may, without additional review, renew the matching
agreement for a current, ongoing matching program for not more
than one additional year if—
(i) such program will be conducted without any change;
and
(ii) each party to the agreement certifies to the Board in
writing that the program has been conducted in
compliance with the agreement.
(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.—
(1) In order to protect any individual whose records are used in a
matching program, no recipient agency, non-Federal agency, or source
agency may suspend, terminate, reduce, or make a final denial of any
financial assistance or payment under a Federal benefit program to such
individual, or take other adverse action against such individual, as a
result of information produced by such matching program, until—
(A)(i) the agency has independently verified the information; or
(ii) the Data Integrity Board of the agency, or in the case
of a non-Federal agency the Data Integrity Board of the
source agency, determines in accordance with guidance
issued by the Director of the Office of Management and
Budget that—
(I) the information is limited to identification
and amount of benefits paid by the source
agency under a Federal benefit program; and

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(II) there is a high degree of confidence that the
information provided to the recipient agency is
accurate;
(B) the individual receives a notice from the agency containing a
statement of its findings and informing the individual of the
opportunity to contest such findings; and
(C)(i) the expiration of any time period established for the
program by statute or regulation for the individual to respond to
that notice; or
(ii) in the case of a program for which no such period is
established, the end of the 30-day period beginning on
the date on which notice under subparagraph (B) is
mailed or otherwise provided to the individual.
(2) Independent verification referred to in paragraph (1) requires
investigation and confirmation of specific information relating to an
individual that is used as a basis for an adverse action against the
individual, including where applicable investigation and confirmation
of—
(A) the amount of any asset or income involved;
(B) whether such individual actually has or had access to such
asset or income for such individual’s own use; and
(C) the period or periods when the individual actually had such
asset or income.
(3) Notwithstanding paragraph (1), an agency may take any appropriate
action otherwise prohibited by such paragraph if the agency determines
that the public health or public safety may be adversely affected or
significantly threatened during any notice period required by such
paragraph.
(q) SANCTIONS.—
(1) Notwithstanding any other provision of law, no source agency may
disclose any record which is contained in a system of records to a
recipient agency or non-Federal agency for a matching program if such
source agency has reason to believe that the requirements of subsection
(p), or any matching agreement entered into pursuant to subsection (o),
or both, are not being met by such recipient agency.
(2) No source agency may renew a matching agreement unless—
(A) the recipient agency or non-Federal agency has certified that
it has complied with the provisions of that agreement; and
(B) the source agency has no reason to believe that the
certification is inaccurate.
(r) REPORT ON NEW SYSTEMS AND MATCHING PROGRAMS.—Each agency that
proposes to establish or make a significant change in a system of records or a
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matching program shall provide adequate advance notice of any such proposal
(in duplicate) to the Committee on Government Operations of the House of
Representatives, the Committee on Governmental Affairs of the Senate, and the
Office of Management and Budget in order to permit an evaluation of the
probable or potential effect of such proposal on the privacy or other rights of
individuals.
(s) BIENNIAL REPORT.—The President shall biennially submit to the Speaker of
the House of Representatives and the President pro tempore of the Senate a
report—
(1) describing the actions of the Director of the Office of Management
and Budget pursuant to section 6 of the Privacy Act of 1974 during the
preceding 2 years;
(2) describing the exercise of individual rights of access and amendment
under this section during such years;
(3) identifying changes in or additions to systems of records;
(4) containing such other information concerning administration of this
section as may be necessary or useful to the Congress in reviewing the
effectiveness of this section in carrying out the purposes of the Privacy
Act of 1974.
(t)(1) EFFECT OF OTHER LAWS.—No agency shall rely on any exemption
contained in section 552 of this title to withhold from an individual any record
which is otherwise accessible to such individual under the provisions of this
section.
(2) No agency shall rely on any exemption in this section to withhold
from an individual any record which is otherwise accessible to such
individual under the provisions of section 552 of this title.
(u) DATA INTEGRITY BOARDS.—
(1) Every agency conducting or participating in a matching program shall
establish a Data Integrity Board to oversee and coordinate among the
various components of such agency the agency’s implementation of this
section.
(2) Each Data Integrity Board shall consist of senior officials designated
by the head of the agency, and shall include any senior official
designated by the head of the agency as responsible for implementation
of this section, and the inspector general of the agency, if any. The
inspector general shall not serve as chairman of the Data Integrity Board.
(3) Each Data Integrity Board—
(A) shall review, approve, and maintain all written agreements
for receipt or disclosure of agency records for matching
programs to ensure compliance with subsection (o), and all
relevant statutes, regulations, and guidelines;
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PRIVACY ACT
(B) shall review all matching programs in which the agency has
participated during the year, either as a source agency or
recipient agency, determine compliance with applicable laws,
regulations, guidelines, and agency agreements, and assess the
costs and benefits of such programs;
(C) shall review all recurring matching programs in which the
agency has participated during the year, either as a source
agency or recipient agency, for continued justification for such
disclosures;
(D) shall compile an annual report, which shall be submitted to
the head of the agency and the Office of Management and
Budget and made available to the public on request, describing
the matching activities of the agency, including—
(i) matching programs in which the agency has
participated as a source agency or recipient agency;
(ii) matching agreements proposed under subsection (o)
that were disapproved by the Board;
(iii) any changes in membership or structure of the
Board in the preceding year;
(iv) the reasons for any waiver of the requirement in
paragraph (4) of this section for completion and
submission of a cost-benefit analysis prior to the
approval of a matching program;
(v) any violations of matching agreements that have
been alleged or identified and any corrective action
taken; and
(vi) any other information required by the Director of the
Office of Management and Budget to be included in
such report;
(E) shall serve as a clearinghouse for receiving and providing
information on the accuracy, completeness, and reliability of
records used in matching programs;
(F) shall provide interpretation and guidance to agency
components and personnel on the requirements of this section for
matching programs;
(G) shall review agency recordkeeping and disposal policies and
practices for matching programs to assure compliance with this
section; and
(H) may review and report on any agency matching activities
that are not matching programs.
(4)(A) Except as provided in subparagraphs (B) and (C), a Data Integrity
Board shall not approve any written agreement for a matching program
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unless the agency has completed and submitted to such Board a costbenefit analysis of the proposed program and such analysis demonstrates
that the program is likely to be cost effective.
(B) The Board may waive the requirements of subparagraph (A)
of this paragraph if it determines in writing, in accordance with
guidelines prescribed by the Director of the Office of
Management and Budget, that a cost-benefit analysis is not
required.
(C) A cost-benefit analysis shall not be required under
subparagraph (A) prior to the initial approval of a written
agreement for a matching program that is specifically required
by statute. Any subsequent written agreement for such a program
shall not be approved by the Data Integrity Board unless the
agency has submitted a cost-benefit analysis of the program as
conducted under the preceding approval of such agreement.
(5)(A) If a matching agreement is disapproved by a Data Integrity Board,
any party to such agreement may appeal the disapproval to the Director
of the Office of Management and Budget. Timely notice of the filing of
such an appeal shall be provided by the Director of the Office of
Management and Budget to the Committee on Governmental Affairs of
the Senate and the Committee on Government Operations of the House
of Representatives.
(B) The Director of the Office of Management and Budget may
approve a matching agreement notwithstanding the disapproval
of a Data Integrity Board if the Director determines that—
(i) the matching program will be consistent with all
applicable legal, regulatory, and policy requirements;
(ii) there is adequate evidence that the matching
agreement will be cost-effective; and
(iii) the matching program is in the public interest.
(C) The decision of the Director to approve a matching
agreement shall not take effect until 30 days after it is reported to
committees described in subparagraph (A).
(D) If the Data Integrity Board and the Director of the Office of
Management and Budget disapprove a matching program
proposed by the inspector general of an agency, the inspector
general may report the disapproval to the head of the agency and
to the Congress.
(6) In the reports required by paragraph (3)(D), agency matching
activities that are not matching programs may be reported on an
aggregate basis, if and to the extent necessary to protect ongoing law
enforcement or counterintelligence investigations.
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(v) OFFICE OF MANAGEMENT AND BUDGET RESPONSIBILITIES.—The Director of
the Office of Management and Budget shall—
(1) develop and, after notice and opportunity for public comment,
prescribe guidelines and regulations for the use of agencies in
implementing the provisions of this section; and
(2) provide continuing assistance to and oversight of the implementation
of this section by agencies.

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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
FEDERAL INFORMATION SECURITY MANAGEMENT ACT
(Public Law 107-347; 116 Stat. 2899; November 25, 2002. FISMA amends
chapter 35 of Title 44 United States Code; Section 11331 of Title 40 United
States Code; and Sections 20 and 21 of the National Institute of Standards and
Technology Act (15 U.S.C. §278-g3 and 278-g4)
AMENDMENTS TO:
TITLE 44 UNITED STATES CODE
CHAPTER 35 – COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II – INFORMATION SECURITY
§3541. PURPOSES
The purposes of this subchapter are to—
(1) provide a comprehensive framework for ensuring the effectiveness of
information security controls over information resources that support
Federal operations and assets;
(2) recognize the highly networked nature of the current Federal
computing environment and provide effective Government-wide
management and oversight of the related information security risks,
including coordination of information security efforts throughout the
civilian, national security, and law enforcement communities;
(3) provide for development and maintenance of minimum controls
required to protect Federal information and information systems;
(4) provide a mechanism for improved oversight of Federal agency
information security programs;
(5) acknowledge that commercially developed information security
products offer advanced, dynamic, robust, and effective information
security solutions, reflecting market solutions for the protection of
critical information infrastructures important to the national defense and
economic security of the nation that are designed, built, and operated by
the private sector; and
(6) recognize that the selection of specific technical hardware and
software information security solutions should be left to individual
agencies from among commercially developed products.
§3542. DEFINITIONS
(a) IN GENERAL.—Except as provided under subsection (b), the definitions under
section 3502 shall apply to this subchapter.
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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
(b) ADDITIONAL DEFINITIONS.—As used in this subchapter:
(1) The term “information security” means protecting information and
information systems from unauthorized access, use, disclosure,
disruption, modification, or destruction in order to provide—
(A) integrity, which means guarding against improper
information modification or destruction, and includes ensuring
information non-repudiation and authenticity;
(B) confidentiality, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information; and
(C) availability, which means ensuring timely and reliable access
to and use of information.
(2)(A) The term “national security system” means any information
system (including any telecommunications system) used or operated by
an agency or by a contractor of an agency, or other organization on
behalf of an agency—
(i) the function, operation, or use of which—
(I) involves intelligence activities;
(II) involves cryptologic activities related to
national security;
(III) involves command and control of military
forces;
(IV) involves equipment that is an integral part
of a weapon or weapons system; or
(V) subject to subparagraph (B), is critical to the
direct fulfillment of military or intelligence
missions; or
(ii) is protected at all times by procedures established for
information that have been specifically authorized under
criteria established by an Executive order or an Act of
Congress to be kept classified in the interest of national
defense or foreign policy.
(B) Subparagraph (A)(i)(V) does not include a system that is to
be used for routine administrative and business applications
(including payroll, finance, logistics, and personnel management
applications).
(3) The term “information technology” has the meaning given that term
in section 11101 of title 40.
§3543. AUTHORITY AND FUNCTIONS OF THE DIRECTOR.
(a) IN GENERAL.—The Director shall oversee agency information security
policies and practices, including—
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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
(1) developing and overseeing the implementation of policies, principles,
standards, and guidelines on information security, including through
ensuring timely agency adoption of and compliance with standards
promulgated under section 11331 of title 40;
(2) requiring agencies, consistent with the standards promulgated under
such section 11331 and the requirements of this subchapter, to identify
and provide information security protections commensurate with the risk
and magnitude of the harm resulting from the unauthorized access, use,
disclosure, disruption, modification, or destruction of—
(A) information collected or maintained by or on behalf of an
agency; or
(B) information systems used or operated by an agency or by a
contractor of an agency or other organization on behalf of an
agency;
(3) coordinating the development of standards and guidelines under
section 20 of the National Institute of Standards and Technology Act (15
U.S.C. §§278g-3) with agencies and offices operating or exercising
control of national security systems (including the National Security
Agency) to assure, to the maximum extent feasible, that such standards
and guidelines are complementary with standards and guidelines
developed for national security systems;
(4) overseeing agency compliance with the requirements of this
subchapter, including through any authorized action under section 11303
of title 40, to enforce accountability for compliance with such
requirements;
(5) reviewing at least annually, and approving or disapproving, agency
information security programs required under section 3544(b);
(6) coordinating information security policies and procedures with
related information resources management policies and procedures;
(7) overseeing the operation of the Federal information security incident
center required under section 3546; and
(8) reporting to Congress no later than March 1 of each year on agency
compliance with the requirements of this subchapter, including—
(A) a summary of the findings of evaluations required by section
3545;
(B) an assessment of the development, promulgation, and
adoption of, and compliance with, standards developed under
section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. §§278g-3) and promulgated under section 11331
of title 40;
(C) significant deficiencies in agency information security
practices;
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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
(D) planned remedial action to address such deficiencies; and
(E) a summary of, and the views of the Director on, the report
prepared by the National Institute of Standards and Technology
under section 20(d)(10) of the National Institute of Standards
and Technology Act (15 U.S.C. §§278g-3).
(b) NATIONAL SECURITY SYSTEMS.—Except for the authorities described in
paragraphs (4) and (8) of subsection (a), the authorities of the Director under this
section shall not apply to national security systems.
(c) DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY
SYSTEMS. –
(1) The authorities of the Director described in paragraphs (1) and (2) of
subsection (a) shall be delegated to the Secretary of Defense in the case
of systems described in paragraph (2) and to the Director of Central
Intelligence in the case of systems described in paragraph (3).
(2) The systems described in this paragraph are systems that are operated
by the Department of Defense, a contractor of the Department of
Defense, or another entity on behalf of the Department of Defense that
processes any information the unauthorized access, use, disclosure,
disruption, modification, or destruction of which would have a
debilitating impact on the mission of the Department of Defense.
(3) The systems described in this paragraph are systems that are operated
by the Central Intelligence Agency, a contractor of the Central
Intelligence Agency, or another entity on behalf of the Central
Intelligence Agency that processes any information the unauthorized
access, use, disclosure, disruption, modification, or destruction of which
would have a debilitating impact on the mission of the Central
Intelligence Agency.
§3544. FEDERAL AGENCY RESPONSIBILITIES.
(a) IN GENERAL.—The head of each agency shall—
(1) be responsible for—
(A) providing information security protections commensurate
with the risk and magnitude of the harm resulting from
unauthorized access, use, disclosure, disruption, modification, or
destruction of—
(i) information collected or maintained by or on behalf
of the agency; and
(ii) information systems used or operated by an agency
or by a contractor of an agency or other organization on
behalf of an agency;

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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
(B) complying with the requirements of this subchapter and
related policies, procedures, standards, and guidelines,
including—
(i) information security standards promulgated under
section 11331 of title 40; and
(ii) information security standards and guidelines for
national security systems issued in accordance with law
and as directed by the President; and
(C) ensuring that information security management processes are
integrated with agency strategic and operational planning
processes;
(2) ensure that senior agency officials provide information security for
the information and information systems that support the operations and
assets under their control, including through
(A) assessing the risk and magnitude of the harm that could
result from the unauthorized access, use, disclosure, disruption,
modification, or destruction of such information or information
systems;
(B) determining the levels of information security appropriate to
protect such information and information systems in accordance
with standards promulgated under section 11331 of title 40, for
information security classifications and related requirements;
(C) implementing policies and procedures to cost-effectively
reduce risks to an acceptable level; and
(D) periodically testing and evaluating information security
controls and techniques to ensure that they are effectively
implemented;
(3) delegate to the agency Chief Information Officer established under
section 3506 (or comparable official in an agency not covered by such
section) the authority to ensure compliance with the requirements
imposed on the agency under this subchapter, including—
(A) designating a senior agency information security officer who
shall—
(i) carry out the Chief Information Officer’s
responsibilities under this section;
(ii) possess professional qualifications, including
training and experience, required to administer the
functions described under this section;
(iii) have information security duties as that official’s
primary duty; and
(iv) head an office with the mission and resources to
assist in ensuring agency compliance with this section;
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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
(B) developing and maintaining an agencywide information
security program as required by subsection (b);
(C) developing and maintaining information security policies,
procedures, and control techniques to address all applicable
requirements, including those issued under section 3543 of this
title, and section 11331 of title 40;
(D) training and overseeing personnel with significant
responsibilities for information security with respect to such
responsibilities; and
(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
(4) ensure that the agency has trained personnel sufficient to assist the
agency in complying with the requirements of this subchapter and related
policies, procedures, standards, and guidelines; and
(5) ensure that the agency Chief Information Officer, in coordination
with other senior agency officials, reports annually to the agency head on
the effectiveness of the agency information security program, including
progress of remedial actions.
(b) AGENCY PROGRAM.—Each agency shall develop, document, and implement
an agency-wide information security program, approved by the Director under
section 3543(a)(5), to provide information security for the information and
information systems that support the operations and assets of the agency,
including those provided or managed by another agency, contractor, or other
source, that includes—
(1) periodic assessments of the risk and magnitude of the harm that could
result from the unauthorized access, use, disclosure, disruption,
modification, or destruction of information and information systems that
support the operations and assets of the agency;
(2) policies and procedures that—
(A) are based on the risk assessments required by paragraph (1);
(B) cost-effectively reduce information security risks to an
acceptable level;
(C) ensure that information security is addressed throughout the
life cycle of each agency information system; and
(D) ensure compliance with—
(i) the requirements of this subchapter;
(ii) policies and procedures as may be prescribed by the
Director, and information security standards
promulgated under section 11331 of title 40;
(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
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(iv) any other applicable requirements, including
standards and guidelines for national security systems
issued in accordance with law and as directed by the
President;
(3) subordinate plans for providing adequate information security for
networks, facilities, and systems or groups of information systems, as
appropriate;
(4) security awareness training to inform personnel, including contractors
and other users of information systems that support the operations and
assets of the agency, of—
(A) information security risks associated with their activities;
and
(B) their responsibilities in complying with agency policies and
procedures designed to reduce these risks;
(5) periodic testing and evaluation of the effectiveness of information
security policies, procedures, and practices, to be performed with a
frequency depending on risk, but no less than annually, of which such
testing—
(A) shall include testing of management, operational, and
technical controls of every information system identified in the
inventory required under section 3505(c); and
(B) may include testing relied on in a evaluation under section
3545;
(6) a process for planning, implementing, evaluating, and documenting
remedial action to address any deficiencies in the information security
policies, procedures, and practices of the agency;
(7) procedures for detecting, reporting, and responding to security
incidents, consistent with standards and guidelines issued pursuant to
section 3546(b), including—
(A) mitigating risks associated with such incidents before
substantial damage is done;
(B) notifying and consulting with the Federal information
(C) notifying and consulting with, as appropriate—
(i) law enforcement agencies and relevant Offices of
Inspector General;
(ii) an office designated by the President for any incident
involving a national security system; and
(iii) any other agency or office, in accordance with law
or as directed by the President; and
(8) plans and procedures to ensure continuity of operations for
information systems that support the operations and assets of the agency.
(c) AGENCY REPORTING.—Each agency shall—
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(1) report annually to the Director, the Committees on Government
Reform and Science of the House of Representatives, the Committees on
Governmental Affairs and Commerce , Science, and Transportation of
the Senate, the appropriate authorization and appropriations committees
of Congress, and the Comptroller General on the adequacy and
effectiveness of information security policies, procedures, and practices,
and compliance with the requirements of this subchapter, including
compliance with each requirement of subsection (b);
(2) address the adequacy and effectiveness of information security
policies, procedures, and practices in plans and reports relating to—
(A) annual agency budgets;
(B) information resources management under subchapter 1 of
this chapter;
(C) information technology management under subtitle III of
title 40;
(D) program performance under sections 1105 and 1115 through
1119 of title 31, and sections 2801 and 2805 of title 39;
(E) financial management under chapter 9 of title 31, and the
Chief Financial Officers Act of 1990 (31 U.S.C. §501 note;
Public Law 101-576) (and the amendments made by that Act);
(F) financial management systems under the Federal Financial
Management Improvement Act (31 U.S.C. §3512 note); and
(G) internal accounting and administrative controls under section
3512 of title 31, (known as the “Federal Managers Financial
Integrity Act”); and
(3) report any significant deficiency in a policy, procedure, or practice
identified under paragraph (1) or (2)—
(A) as a material weakness in reporting under section 3512 of
title 31; and
(B) if relating to financial management systems, as an instance
of a lack of substantial compliance under the Federal Financial
Management Improvement Act (31 U.S.C. §3512 note).
(d) PERFORMANCE PLAN.—
(1) In addition to the requirements of subsection (c), each agency, in
consultation with the Director, shall include as part of the performance
plan required under section 1115 of title 31 a description of—
(A) the time periods, and
(B) the resources, including budget, staffing, and training, that
are necessary to implement the program required under
subsection (b).
(2) The description under paragraph (1) shall be based on the risk
assessments required under subsection (b)(2)(1).
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(e) PUBLIC NOTICE AND COMMENT.—Each agency shall provide the public with
timely notice and opportunities for comment on proposed information security
policies and procedures to the extent that such policies and procedures affect
communication with the public.
§3545. ANNUAL INDEPENDENT EVALUATION.
(a) IN GENERAL.—
(1) Each year each agency shall have performed an independent
evaluation of the information security program and practices of that
agency to determine the effectiveness of such program and practices.
(2) Each evaluation under this section shall include—
(A) testing of the effectiveness of information security policies,
procedures, and practices of a representative subset of the
agency’s information systems;
(B) an assessment (made on the basis of the results of the testing)
of compliance with—
(i) the requirements of this subchapter; and
(ii) related information security policies, procedures,
standards, and guidelines; and
(C) separate presentations, as appropriate, regarding information
security relating to national security systems.
(b) INDEPENDENT AUDITOR.—Subject to subsection (c)—
(1) for each agency with an Inspector General appointed under the
Inspector General Act of 1978 or any other law, the annual evaluation
required by this section shall be performed by the Inspector General or
by an independent external auditor, as determined by the Inspector
General of the agency; and
(2) for each agency to which paragraph (1) does not apply, the head of
the agency shall engage an independent external auditor to perform the
evaluation.
(c) NATIONAL SECURITY SYSTEMS.—For each agency operating or exercising
control of a national security system, that portion of the evaluation required by
this section directly relating to a national security system shall be performed—
(1) only by an entity designated by the agency head; and
(2) in such a manner as to ensure appropriate protection for information
associated with any information security vulnerability in such system
commensurate with the risk and in accordance with all applicable laws.
(d) EXISTING EVALUATIONS.—The evaluation required by this section may be
based in whole or in part on an audit, evaluation, or report relating to programs or
practices of the applicable agency.
(e) AGENCY REPORTING.—
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(1) Each year, not later than such date established by the Director, the
head of each agency shall submit to the Director the results of the
evaluation required under this section.
(2) To the extent an evaluation required under this section directly relates
to a national security system, the evaluation results submitted to the
Director shall contain only a summary and assessment of that portion of
the evaluation directly relating to a national security system.
(f) PROTECTION OF INFORMATION.—Agencies and evaluators shall take
appropriate steps to ensure the protection of information which, if disclosed, may
adversely affect information security. Such protections shall be commensurate
with the risk and comply with all applicable laws and regulations.
(g) OMB REPORTS TO CONGRESS.—
(1) The Director shall summarize the results of the evaluations conducted
under this section in the report to Congress required under section
3543(a)(8).
(2) The Director’s report to Congress under this subsection shall
summarize information regarding information security relating to
national security systems in such a manner as to ensure appropriate
protection for information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
(3) Evaluations and any other descriptions of information systems under
the authority and control of the Director of Central Intelligence or of
National Foreign Intelligence Programs systems under the authority and
control of the Secretary of Defense shall be made available to Congress
only through the appropriate oversight committees of Congress, in
accordance with applicable laws.
(h) COMPTROLLER GENERAL.—The Comptroller General shall periodically
evaluate and report to Congress on—
(1) the adequacy and effectiveness of agency information security
policies and practices; and
(2) implementation of the requirements of this subchapter.
§3546. FEDERAL INFORMATION SECURITY INCIDENT CENTER.
(a) IN GENERAL.—The Director shall ensure the operation of a central Federal
information security incident center to—
(1) provide timely technical assistance to operators of agency
information systems regarding security incidents, including guidance on
detecting and handling information security incidents;
(2) compile and analyze information about incidents that threaten
information security;
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(3) inform operators of agency information systems about current and
potential information security threats, and vulnerabilities; and
(4) consult with the National Institute of Standards and Technology,
agencies or offices operating or exercising control of national security
systems (including the National Security Agency), and such other
agencies or offices in accordance with law and as directed by the
President regarding information security incidents and related matters.
(b) NATIONAL SECURITY SYSTEMS.—Each agency operating or exercising
control of a national security system shall share information about information
security incidents, threats, and vulnerabilities with the Federal information
security incident center to the extent consistent with standards and guidelines for
national security systems, issued in accordance with law and as directed by the
President.
§3547. NATIONAL SECURITY SYSTEMS.
The head of each agency operating or exercising control of a national security
system shall be responsible for ensuring that the agency—
(1) provides information security protections commensurate with the risk
and magnitude of the harm resulting from the unauthorized access, use,
disclosure, disruption, modification, or destruction of the information
contained in such system;
(2) implements information security policies and practices as required by
standards and guidelines for national security systems, issued in
accordance with law and as directed by the President; and
(3) complies with the requirements of this subchapter.
§3548. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the provisions of this
subchapter such sums as may be necessary for each of fiscal years 2003 through
2007.
§3549. EFFECT ON EXISTING LAW.
Nothing in this subchapter, section 11331 of title 40, or section 20 of the National
Standards and Technology Act (15 U.S.C. §278g-3) may be construed as
affecting the authority of the President, the Office of Management and Budget or
the Director thereof, the National Institute of Standards and Technology, or the
head of any agency, with respect to the authorized use or disclosure of
information, including with regard to the protection of personal privacy under
section 552a of title 5, the disclosure of information under section 552 of title 5,
the management and disposition of records under chapters 29, 31, or 33 of title
44, the management of information resources under subchapter I of chapter 35 of
this title, or the disclosure of information to the Congress or the Comptroller
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General of the United States. While this subchapter is in effect, subchapter II of
this chapter shall not apply.
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AMENDMENTS TO:
TITLE 40 UNITED STATES CODE
CHAPTER 113–RESPONSIBILITY FOR ACQUISITIONS
OF INFORMATION TECHNOLOGY
SUBCHAPTER III–OTHER RESPONSIBILITIES
§11331. RESPONSIBILITIES FOR FEDERAL INFORMATION SYSTEMS
STANDARDS.
(a) STANDARDS AND GUIDELINES.—
(1) AUTHORITY TO PRESCRIBE.—Except as provided under paragraph
(2), the Secretary of Commerce shall, on the basis of standards and
guidelines developed by the National Institute of Standards and
Technology pursuant to paragraphs (2) and (3) of section 20(a) of the
National Institute of Standards and Technology Act (15 U.S.C. 278g3(a)), prescribe standards and guidelines pertaining to Federal
information systems.
(2) NATIONAL SECURITY SYSTEMS.—Standards and guidelines for
national security systems (as defined under this section) shall be
developed, prescribed, enforced, and overseen as otherwise authorized
by law and as directed by the President.
(b) MANDATORY REQUIREMENTS.—
(1) AUTHORITY TO MAKE MANDATORY.—Except as provided under
paragraph (2), the Secretary shall make standards prescribed under
subsection (a)(1) compulsory and binding to the extent determined
necessary by the Secretary to improve the efficiency of operation or
security of Federal information systems.
(2) REQUIRED MANDATORY STANDARDS.—
(A) Standards prescribed under subsection (a)(1) shall include
information security standards that—
(i) provide minimum information security requirements
as determined under section 20(b) of the National
Institute of Standards and Technology Act (15 U.S.C.
278g-3(b)); and
(ii) are otherwise necessary to improve the security of
Federal information and information systems.
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(B) Information security standards described in subparagraph
(A) shall be compulsory and binding.
(c) AUTHORITY TO DISAPPROVE OR MODIFY.—The President may disapprove or
modify the standards and guidelines referred to in subsection (a)(1) if the
President determines such action to be in the public interest. The President’s
authority to disapprove or modify such standards and guidelines may not be
delegated. Notice of such disapproval or modification shall be published
promptly in the Federal Register. Upon receiving notice of such disapproval or
modification, the Secretary of Commerce shall immediately rescind or modify
such standards or guidelines as directed by the President.
(d) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consistency, the
Secretary shall exercise the authority conferred by this section subject to
direction by the President and in coordination with the Director of the Office of
Management and Budget.
(e) APPLICATION OF MORE STRINGENT STANDARDS.—The head of an executive
agency may employ standards for the cost-effective information security for
information systems within or under the supervision of that agency that are more
stringent than the standards the Secretary prescribes under this section if the more
stringent standards—
(1) contain at least the applicable standards made compulsory and
binding by the Secretary; and
(2) are otherwise consistent with policies and guidelines issued under
section 3543 of title 44.
(f) DECISIONS ON PROMULGATION OF STANDARDS.—The decision by the
Secretary regarding the promulgation of any standard under this section shall
occur not later than 6 months after the submission of the proposed standard to the
Secretary by the National Institute of Standards and Technology, as provided
under section 20 of the National Institute of Standards and Technology Act (15
U.S.C. 278g-3).
(g) DEFINITIONS.—In this section:
(1) FEDERAL INFORMATION SYSTEM.—The term “Federal information
system” means an information system used or operated by an executive
agency, by a contractor of an executive agency, or by another
organization on behalf of an executive agency.
(2) INFORMATION SECURITY.—The term “information security” has the
meaning given that term in section 3542(b)(1) of title 44.
(3) NATIONAL SECURITY SYSTEM.—The term “national security system”
has the meaning given that term in section 3542(b)(2) of title 44.
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AMENDMENTS TO:
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT
SECTIONS 20 AND 21
COMPUTER STANDARDS PROGRAM
SECTION 20 [15 U.S.C. §278g-3].
(a) IN GENERAL. The Institute shall—
(1) have the mission of developing standards, guidelines, and associated
methods and techniques for information systems;
(2) develop standards and guidelines, including minimum requirements,
for information systems used or operated by an agency or by a contractor
of an agency or other organization on behalf of an agency, other than
national security systems (as defined in section 3532(b)(2) of title 44);
(3) develop standards and guidelines, including minimum requirements,
for providing adequate information security for all agency operations and
assets, but such standards and guidelines shall not apply to national
security systems; and
(4) carry out the responsibilities described in paragraph (3) through the
Computer Security Division.
(b) MINIMUM REQUIREMENTS FOR STANDARDS AND GUIDELINES.—The
standards and guidelines required by subsection (a) of this section shall include,
at a minimum—
(1)(A) standards to be used by all agencies to categorize all information
and information systems collected or maintained by or on behalf of each
agency based on the objectives of providing appropriate levels of
information security according to a range of risk levels;
(B) guidelines recommending the types of information and
information systems to be included in each such category; and
(C) minimum information security requirements for information
and information systems in each such category;
(2) a definition of and guidelines concerning detection and handling of
information security incidents; and
(3) guidelines developed in coordination with the National Security
Agency for identifying an information system as a national security
system consistent with applicable requirements for national security
systems, issued in accordance with law and as directed by the President.
(c) DEVELOPMENT OF STANDARDS AND GUIDELINES.—In developing standards
and guidelines required by subsections (a) and (b) of this section, the Institute
shall—
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(1) consult with other agencies and offices (including, but not limited to,
the Director of the Office of Management and Budget, the Departments
of Defense and Energy, the National Security Agency, the Government
Accountability Office, and the Secretary of Homeland Security) to
assure—
(A) use of appropriate information security policies, procedures,
and techniques, in order to improve information security and
avoid unnecessary and costly duplication of effort; and
(B) that such standards and guidelines are complementary with
standards and guidelines employed for the protection of national
security systems and information contained in such systems;
(2) provide the public with an opportunity to comment on proposed
standards and guidelines;
(3) submit to the Director of the Office of Management and Budget for
promulgation under section 11331 of title 40—
(A) standards, as required under subsection (b)(1)(A) of this
section, no later than 12 months after November 25, 2002; and
(B) minimum information security requirements for each
category, as required under subsection (b)(1)(C) of this section,
no later than 36 months after November 25, 2002;
(4) issue guidelines as required under subsection (b)(1)(B) of this
section, no later than 18 months after November 25, 2002;
(5) ensure that such standards and guidelines do not require specific
technological solutions or products, including any specific hardware or
software security solutions;
(6) ensure that such standards and guidelines provide for sufficient
flexibility to permit alternative solutions to provide equivalent levels of
protection for identified information security risks; and
(7) use flexible, performance-based standards and guidelines that, to the
greatest extent possible, permit the use of off-the-shelf commercially
developed information security products.
(d) INFORMATION SECURITY FUNCTIONS. The Institute shall—
(1) submit standards developed pursuant to subsection (a) of this section,
along with recommendations as to the extent to which these should be
made compulsory and binding, to the Director of the Office of
Management and Budget for promulgation under section 11331 of title
40;
(2) provide assistance to agencies regarding—
(A) compliance with the standards and guidelines developed
under subsection (a) of this section;
(B) detecting and handling information security incidents; and
(C) information security policies, procedures, and practices;
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(3) conduct research, as needed, to determine the nature and extent of
information security vulnerabilities and techniques for providing costeffective information security;
(4) develop and periodically revise performance indicators and measures
for agency information security policies and practices;
(5) evaluate private sector information security policies and practices and
commercially available information technologies to assess potential
application by agencies to strengthen information security;
(6) evaluate security policies and practices developed for national
security systems to assess potential application by agencies to strengthen
information security;
(7) periodically assess the effectiveness of standards and guidelines
developed under this section and undertake revisions as appropriate;
(8) solicit and consider the recommendations of the Information Security
and Privacy Advisory Board, established by section 278g-4 of this title,
regarding standards and guidelines developed under subsection (a) of this
section and submit such recommendations to the Director of the Office
of Management and Budget with such standards submitted to the
Director; and
(9) prepare an annual public report on activities undertaken in the
previous year, and planned for the coming year, to carry out
responsibilities under this section.
(e) DEFINITIONS.—As used in this section—
(1) the term “agency” has the same meaning as provided in section
3502(1) of title 44;
(2) the term “information security” has the same meaning as provided in
section 3532(1) of such title;
(3) the term “information system” has the same meaning as provided in
section 3502(8) of such title;
(4) the term “information technology” has the same meaning as provided
in section 11101 of title 40; and
(5) the term “national security system” has the same meaning as
provided in section 3532(b)(2) of such title.
INFORMATION SECURITY AND PRIVACY ADVISORY BOARD
SEC. 21. [15 U.S.C. §278g-4].
(a) ESTABLISHMENT AND COMPOSITION.—There is hereby established an
Information Security and Privacy Advisory Board within the Department of
Commerce. The Secretary of Commerce shall appoint the chairman of the Board.
The Board shall be composed of twelve additional members appointed by the
Secretary of Commerce as follows:
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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
(1) four members from outside the Federal Government who are eminent
in the information technology industry, at least one of whom is
representative of small or medium sized companies in such industries;
(2) four members from outside the Federal Government who are eminent
in the fields of information technology, or related disciplines, but who
are not employed by or representative of a producer of information
technology; and
(3) four members from the Federal Government who have information
system management experience, including experience in information
security and privacy, at least one of whom shall be from the National
Security Agency.
(b) DUTIES.—The duties of the Board shall be—
(1) to identify emerging managerial, technical, administrative, and
physical safeguard issues relative to information security and privacy;
(2) to advise the Institute and the Director of the Office of Management
and Budget on information security and privacy issues pertaining to
Federal Government information systems, including through review of
proposed standards and guidelines developed under section 278g-3 of
this title; and
(3) to report annually its findings to the Secretary of Commerce, the
Director of the Office of Management and Budget, the Director of the
National Security Agency, and the appropriate committees of the
Congress.
(c) TERM OF OFFICE.—The term of office of each member of the Board shall be
four years, except that—
(1) of the initial members, three shall be appointed for terms of one year,
three shall be appointed for terms of two years, three shall be appointed
for terms of three years, and three shall be appointed for terms of four
years; and
(2) any member appointed to fill a vacancy in the Board shall serve for
the remainder of the term for which his predecessor was appointed.
(d) QUORUM.—The Board shall not act in the absence of a quorum, which shall
consist of seven members.
(e) ALLOWANCE FOR TRAVEL EXPENSES.—Members of the Board, other than
full-time employees of the Federal Government, while attending meetings of
such committees or while otherwise performing duties at the request of the Board
Chairman while away from their homes or a regular place of business, may be
allowed travel expenses in accordance with subchapter I of chapter 57 of title 5.
(f) MEETINGS. —The Board shall hold meetings at such locations and at such
time and place as determined by a majority of the Board.
(g) STAFF SERVICES AND UTILIZATION OF FEDERAL PERSONNEL.—To provide
the staff services necessary to assist the Board in carrying out its functions, the
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FEDERAL INFORMATION SECURITY MANAGEMENT ACT
Board may utilize personnel from the Institute or any other agency of the Federal
Government with the consent of the head of the agency.
(h) DEFINITIONS.—As used in this section, the terms “information system” and
“information technology” have the meanings given in section 278g-3 of this title.

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EXECUTIVE ORDER 12333
EXECUTIVE ORDER 12333:
UNITED STATES INTELLIGENCE ACTIVITIES
(Federal Register Vol. 46, No. 59941 (December 8, 1981),
amended by EO 13284 (2003) and EO 13355 (2004))
Timely and accurate information about the activities, capabilities, plans, and
intentions of foreign powers, organizations, and persons, and their agents, is essential
to the national security of the United States. All reasonable and lawful means must
be used to ensure that the United States will receive the best intelligence possible.
For that purpose, by virtue of the authority vested in me by the Constitution and
statutes of the United States of America, including the National Security Act of 1947,
as amended, (Act) and as President of the United States of America, in order to
provide for the effective conduct of the United States intelligence activities and the
protection of constitutional rights, it is hereby ordered as follows:
PART 1—GOALS, DIRECTIONS, DUTIES AND RESPONSIBILITIES WITH
RESPECT TO THE NATIONAL INTELLIGENCE EFFORTS
SECTION 1.1. GOALS. The United States intelligence effort shall provide the
President and the National Security Council with the necessary information on which
to base decisions concerning the conduct and development of foreign, defense and
economic policy, and the protection of United States national interests from foreign
security threats. All departments and agencies shall cooperate fully to fulfill this
goal.
(a) Maximum emphasis should be given to fostering analytical competition among
appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this Order, and with
full consideration of the rights of United States persons, shall be used to develop
intelligence information for the President and the National Security Council. A
balanced approach between technical collection efforts and other means should be
maintained and encouraged.
(c) Special emphasis should be given to detecting and countering espionage and other
threats and activities directed by foreign intelligence services against the United
States Government, or United States corporations, establishments, or persons.
(d) To the greatest extent possible[,] consistent with applicable United States law and
this Order, and with full consideration of the rights of United States persons, all
agencies and departments should seek to ensure full and free exchange of
information in order to derive maximum benefit from the United States collection
effort.
SEC. 1.2. THE NATIONAL SECURITY COUNCIL.
(a) PURPOSE. The National Security Council (NSC) was established by the National
Security Act of 1947 to advise the President with respect to the integration of

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EXECUTIVE ORDER 12333
domestic, foreign and military policies relating to the national security. The NSC
shall act as the highest Executive Branch entity that provides review of, guidance for
and direction to the conduct of all national foreign intelligence, counterintelligence,
and special activities, and attendant policies and programs.
(b) COMMITTEES. The NSC shall establish such committees as may be necessary to
carry out its functions and responsibilities under this Order. The NSC, or a
committee established by it, shall consider and submit to the President a policy
recommendation, including all dissents, on each special activity and shall review
proposals for other sensitive intelligence operations.
SEC. 1.3. NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS.
(a) ESTABLISHMENT AND DUTIES. The Director of Central Intelligence shall
establish such boards, councils, or groups as required for the purpose of obtaining
advice from within the Intelligence Community concerning:
(1) Production, review and coordination of national foreign intelligence;
(2) Priorities for the National Foreign Intelligence Program budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments and organizations and
intelligence services;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters as may be referred by the Director of Central
Intelligence.
(b) MEMBERSHIP. Advisory groups established pursuant to this section shall be
chaired by the Director of Central Intelligence or his designated representative and
shall consist of senior representatives from organizations within the Intelligence
Community and from departments or agencies containing such organizations, as
designated by the Director of Central Intelligence. Groups for consideration of
substantive intelligence matters will include representatives of organizations
involved in the collection, processing and analysis of intelligence. A senior
representative of the Secretary of Commerce, the Attorney General, the Assistant to
the President for National Security Affairs, and the Office of the Secretary of
Defense shall be invited to participate in any group which deals with other than
substantive intelligence matters.
SEC. 1.4. THE INTELLIGENCE COMMUNITY. The agencies within the Intelligence
Community shall, in accordance with applicable United States law and with the other
provisions of this Order, conduct intelligence activities necessary for the conduct of
foreign relations and the protection of the national security of the United States,
including:
(a) Collection of information needed by the President and, in the performance of
Executive functions, the Vice President, the National Security Council, the
Secretaries of State and Defense, and other Executive Branch officials for the
performance of their duties and responsibilities;

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EXECUTIVE ORDER 12333
(b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of activities to protect
against, intelligence activities directed against the United States, international
terrorist and international narcotics activities, and other hostile activities directed
against the United States by foreign powers, organizations, persons, and their agents;
(d) Special activities;
(e) Administrative and support activities within the United States and abroad
necessary for the performance of authorized activities; and
(f) Such other intelligence activities as the President may direct from time to time.
1.5. DIRECTOR OF CENTRAL INTELLIGENCE. In order to discharge the duties and
responsibilities prescribed by law, the Director of Central Intelligence shall be
responsible directly to the President and the NSC and shall:
(a)(1) Act as the principal adviser to the President for intelligence matters related to
the national security.
(2) Act as the principal adviser to the National Security Council and
Homeland Security Council for intelligence matters related to the national
security, and.
(b)(1) Develop such objectives and guidance for the Intelligence Community
necessary, in the Director’s judgment, to ensure timely and effective collection,
processing, analysis, and dissemination of intelligence, of whatever nature and from
whatever source derived, concerning current and potential threats to the security of
the United States and its interests, and to ensure that the National Foreign
Intelligence Program (NFIP) is structured adequately to achieve these requirements;
and
(2) Working with the Intelligence Community, ensure that United States
intelligence collection activities are integrated in:
(A) collecting against enduring and emerging national security
intelligence issues;
(B) maximizing the value to the national security; and
(C) ensuring that all collected data is available to the maximum
extent practicable for integration, analysis, and dissemination to
those who can act, add value to, or otherwise apply it to mission
needs.
(c) Promote the development and maintenance of services of common concern by
designated intelligence organizations on behalf of the Intelligence Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and counterintelligence
arrangements with foreign governments, coordinate foreign intelligence and
counterintelligence relationships between agencies of the Intelligence Community
and the intelligence or internal security services of foreign governments, and
establish procedures governing the conduct of liaison by any department or agency
with such service on narcotics activities;

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(f) Participate in the development of procedures approved by the Attorney General
governing criminal narcotics intelligence activities abroad to ensure that these
activities are consistent with foreign intelligence programs;
(g)(1) Establish common security and access standards for managing and handling
intelligence systems, information, and products, with special emphasis on
facilitating:
(A) the fullest and most prompt sharing of information practicable,
assigning the highest priority to detecting, preventing, preempting,
and disrupting terrorist threats against our homeland, our people,
our allies, and our interests; and
(B) the establishment of interface standards for an interoperable
information sharing enterprise that facilitates the automated sharing
of intelligence information among agencies within the Intelligence
Community.
(2) (A) Establish, operate, and direct national centers with respect to matters
determined by the President for purposes of this subparagraph to be of the
highest national security priority, with the functions of analysis and planning
(including planning for diplomatic, financial, military, intelligence,
homeland security, and law enforcement activities, and integration of such
activities among departments and agencies) relating to such matters.
(B) The countering of terrorism within the United States, or against
citizens of the United States, our allies, and our interests abroad, is
hereby determined to be a matter of the highest national security
priority for purposes of subparagraph (2)(A) of this subsection.
(3) Ensure that appropriate agencies and departments have access to and
receive all-source intelligence support needed to perform independent,
alternative analysis.
(h) Ensure that programs are developed which protect intelligence sources, methods,
and analytical procedures;
(i) Establish uniform criteria for the determination of relative priorities for the
transmission of critical national foreign intelligence, and advise the Secretary of
Defense concerning the communications requirements of the Intelligence
Community for the transmission of such communications;
(j) Establish appropriate staffs, committees, or other advisory groups to assist in the
execution of the Director’s responsibilities;
(k) Have full responsibility for production and dissemination of national foreign
intelligence, and authority to levy analytic tasks on departmental intelligence
production organizations, in consultation with those organizations, ensuring that
appropriate mechanisms for competitive analysis are developed so that diverse points
of view are considered fully and differences of judgment within the Intelligence
Community are brought to the attention of national policymakers;
(l) Ensure the timely exploitation and dissemination of data gathered by national
foreign intelligence collection means, and ensure that the resulting intelligence is

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disseminated immediately to appropriate government entities and military
commands;
(m)(1) Establish policies, procedures, and mechanisms that translate intelligence
objectives and priorities approved by the President into specific guidance for the
Intelligence Community.
(2) In accordance with objectives and priorities approved by the President,
establish collection requirements for the Intelligence Community, determine
collection priorities, manage collection tasking, and resolve conflicts in the
tasking of national collection assets (except when otherwise directed by the
President or when the Secretary of Defense exercises collection tasking
authority under plans and arrangements approved by the Secretary of
Defense and the Director) of the Intelligence Community.
(3) Provide advisory tasking concerning collection of intelligence
information to elements of the United States Government that have
information collection capabilities and are not organizations within the
Intelligence Community.
(4) The responsibilities in subsections 1.5(m)(2) and (3) apply, to the
maximum extent consistent with applicable law, whether information is to
be collected inside or outside the United States.
(n)(1) Develop, determine, and present with the advice of the heads of departments
or agencies that have an organization within the Intelligence Community, the annual
consolidated NFIP budget. The Director shall be responsible for developing an
integrated and balanced national intelligence program that is directly responsive to
the national security threats facing the United States. The Director shall submit such
budget (accompanied by dissenting views, if any, of the head of a department or
agency that has an organization within the Intelligence Community) to the President
for approval; and
(2) Participate in the development by the Secretary of Defense of the annual budgets
for the Joint Military Intelligence Program (JMIP) and the Tactical Intelligence and
Related Activities (TIARA) Program.
(o)(1) Transfer, consistent with applicable law and with the approval of the Director
of the Office of Management and Budget, funds from an appropriation for the NFIP
to another appropriation for the NFIP or to another NFIP component;
(2) Review, and approve or disapprove, consistent with applicable law, any
proposal to: (i) reprogram funds within an appropriation for the NFIP; (ii)
transfer funds from an appropriation for the NFIP to an appropriation that is
not for the NFIP within the Intelligence Community; or (iii) transfer funds
from an appropriation that is not for the NFIP within the Intelligence
Community to an appropriation for the NFIP; and
(3) Monitor and consult with the Secretary of Defense on reprogrammings or
transfers of funds within, into, or out of, appropriations for the JMIP and the
TIARA Program.
(p)(1) Monitor implementation and execution of the NFIP budget by the heads of
departments or agencies that have an organization within the Intelligence

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Community, including, as necessary, by conducting program and performance audits
and evaluations;
(2) Monitor implementation of the JMIP and the TIARA Program and advise
the Secretary of Defense thereon; and
(3) After consultation with the heads of relevant departments, report
periodically, and not less often than semiannually, to the President on the
effectiveness of implementation of the NFIP Program by organizations
within the Intelligence Community, for which purpose the heads of
departments and agencies shall ensure that the Director has access to
programmatic, execution, and other appropriate information.
(q) Together with the Secretary of Defense, ensure that there is no unnecessary
overlap between national foreign intelligence programs and the Department of
Defense intelligence programs consistent with the requirement to develop
competitive analysis, and provide to and obtain from the Secretary of Defense all
information necessary for this purpose;
(r) In accordance with law and relevant procedures approved by the Attorney General
under this Order, give the heads of the departments and agencies access to all
intelligence, developed by the CIA or the staff elements of the Director of Central
Intelligence, relevant to the national intelligence needs of the departments and
agencies; and
(s) Facilitate the use of national foreign intelligence products by Congress in a secure
manner.
SEC. 1.6. DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH
DEPARTMENTS AND AGENCIES.
(a) The heads of all departments and agencies shall:
(1) Unless the Director provides otherwise, give the Director access to all
foreign intelligence, counterintelligence, and national intelligence, as
defined in the Act, that is relevant to transnational terrorist threats and
weapons of mass destruction proliferation threats, including such relevant
intelligence derived from activities of the FBI, DHS, and any other
department or agency, and all other information that is related to the national
security or that otherwise is required for the performance of the Director’s
duties, except such information that is prohibited by law, by the President, or
by the Attorney General acting under this order at the direction of the
President from being provided to the Director. The Attorney General shall
agree to procedures with the Director pursuant to section 3(5)(B) of the Act
no later than 90 days after the issuance of this order that ensure the Director
receives all such information;
(2) support the Director in developing the NFIP;
(3) ensure that any intelligence and operational systems and architectures of
their departments and agencies are consistent with national intelligence
requirements set by the Director and all applicable information sharing and
security guidelines, and information privacy requirements; and

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(4) provide, to the extent permitted by law, subject to the availability of
appropriations, and not inconsistent with the mission of the department or
agency, such further support to the Director as the Director may request,
after consultation with the head of the department or agency, for the
performance of the Director’s functions.
(b) The heads of departments and agencies involved in the National Foreign
Intelligence Program shall ensure timely development and submission to the Director
of Central Intelligence by the program managers and heads of component activities
of proposed national programs and budgets in the format designated by the Director
of Central Intelligence, and shall also ensure that the Director of Central Intelligence
is provided, in a timely and responsive manner, all information necessary to perform
the Director’s program budget responsibilities.
(c) The heads of departments and agencies involved in the National Foreign
Intelligence Program may appeal to the President decisions by the Director of Central
Intelligence on budget or reprogramming matters of the National Foreign Intelligence
Program.
SEC. 1.7. SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY. The heads of
departments and agencies with organizations in the intelligence community or the
heads of such organizations, as appropriate, shall:
(a) Report to the Attorney General possible violations of federal criminal laws by
employees and of specified federal criminal laws by any other person as provided in
procedures agreed upon by the Attorney General and the head of the department or
agency concerned, in a manner consistent with the protection of intelligence sources
and methods, as specified in those procedures;
(b) In any case involving serious or continuing breaches of security, recommend to
the Attorney General that the case be referred to the FBI for further investigation;
(c) Furnish to the NSC, in accordance with applicable law and procedures approved
by the Attorney General under this Order, the information required for the
performance of its duties;
(d) Report to the Intelligence Oversight Board, and keep the Director of Central
Intelligence appropriately informed, concerning any intelligence activities of their
organizations that they have reason to believe may be unlawful or contrary to
Executive order or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from unauthorized
disclosure consistent with guidance from the Director of Central Intelligence;
(f) Disseminate intelligence to cooperating foreign governments under arrangements
established or agreed to the Director of Central Intelligence;
(g) Participate in the development of procedures approved by the Attorney General
governing production and dissemination of intelligence resulting from criminal
narcotics intelligence activities abroad if their departments, agencies, or
organizations have intelligence responsibilities for foreign or domestic narcotics
production and trafficking;

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(h) Instruct their employees to cooperate fully with the Intelligence Oversight Board;
and
(i) Ensure that the Inspector General and General Counsels for their organization
have access to any information necessary to perform their duties assigned by this
Order.
SEC. 1.8. THE CENTRAL INTELLIGENCE AGENCY. All duties and responsibilities of
the CIA shall be related to the intelligence functions set out below. As authorized by
this Order, the National Security Act of 1947, as amended; the CIA Act of 1949, as
amended; appropriate directives or other applicable law, the CIA shall:
(a) Collect, produce, and disseminate foreign intelligence and counterintelligence,
including information not otherwise obtainable. The collection of foreign
intelligence or counterintelligence within the United States shall be coordinated with
the FBI as required by procedures agreed upon by the Director of Central
Intelligence and the Attorney General;
(b) Collect, produce and disseminate intelligence on foreign aspects of narcotics
production and trafficking;
(c) Conduct counterintelligence activities outside the United States and, without
assuming or performing any internal security functions, conduct counterintelligence
activities within the United States in coordination with the FBI as required by
procedures agreed upon by the Director of Central Intelligence and the Attorney
General;
(d) Coordinate counterintelligence activities and the collection of information not
otherwise obtainable when conducted outside the United States by other departments
and agencies;
(e) Conduct special activities approved by the President. No agency except the CIA
(or the Armed Forces of the United States in time of war declared by Congress or
during any period covered by a report from the President to the Congress under the
War Powers Resolution (87 Stat. 855)) may conduct any special activity unless the
President determines that another agency is more likely to achieve a particular
objective;
(f) Conduct services of common concern for the Intelligence Community as directed
by the NSC;
(g) Carry out or contract for research, development and procurement of technical
systems and devices relating to authorized functions;
(h) Protect the security of its installations, activities, information, property, and
employees by appropriate means, including such investigations of applicants,
employees, contractors, and other persons with similar associations with the CIA as
are necessary; and
(i) Conduct such administrative and technical support activities within and outside
the United States as are necessary to perform the functions described in sections (a)
through (h) above, including procurement and essential cover and proprietary
arrangements.

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SEC. 1.9. THE DEPARTMENT OF STATE. The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign policy concerns;
(b) Produce and disseminate foreign intelligence relating to United States foreign
policy as required for the execution of the Secretary’s responsibilities;
(c) Disseminate, as appropriate, reports received from United States diplomatic and
consular posts;
(d) Transmit reporting requirements of the Intelligence Community to the Chiefs of
United States Missions abroad;
(e) Support Chiefs of Missions in discharging their statutory responsibilities for
direction and coordination of mission activities.
SEC. 1.10. THE DEPARTMENT OF THE TREASURY AND THE DEPARTMENT OF
HOMELAND SECURITY. The Secretary of the Treasury, with respect to subsections
(a), (b), and (c), and the Secretary of Homeland Security with respect to subsection
(d), shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the Department of State in the overt collection of general foreign
economic information;
(c) Produce and disseminate foreign intelligence relating to United States economic
policy as required for the execution of the Secretary’s responsibilities;
(d) Conduct, through the United States Secret Service, activities to determine the
existence and capability of surveillance equipment being used against the President
or the Vice President of the United States, the Executive Office of the President, and,
as authorized by the Secretary of Homeland Security or the President, other Secret
Service protectees and United States officials. No information shall be acquired
intentionally through such activities except to protect against such surveillance, and
those activities shall be conducted pursuant to procedures agreed upon by the
Secretary of Homeland Security and the Attorney General.
SEC. 1.11. THE DEPARTMENT OF DEFENSE. The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to collection tasking by the
Director of Central Intelligence;
(b) Collect, produce and disseminate, military and military-related foreign
intelligence and counterintelligence as required for execution of the Secretary’s
responsibilities;
(c) Conduct programs and missions necessary to fulfill national, departmental and
tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of Department of Defense
components outside the United States in coordination with the CIA, and within the
United States in coordination with the FBI pursuant to procedures agreed upon by the
Secretary of Defense and the Attorney General;
(e) Conduct, as the executive agent of the United States Government, signals
intelligences and communication security activities, except as otherwise directed by
the NSC;

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(f) Provide for the timely transmission of critical intelligence, as defined by the
Director of Central Intelligence, within the United States Government;
(g) Carry out or contract for research, development and procurement of technical
systems and devices relating to authorized intelligence functions;
(h) Protect the security of Department of Defense installations, activities,
information, property, and employees by appropriate means, including such
investigations of applicants, employees, contractors, and other persons with similar
associations with the Department of Defense as are necessary;
(i) Establish and maintain military intelligence relationships and military intelligence
exchange programs with selected cooperative foreign defense establishments and
international organizations, and ensure that such relationships and programs are in
accordance with policies formulated by the Director of Central Intelligence;
(j) Direct, operate, control and provide fiscal management for the National Security
Agency and for defense and military intelligence and national reconnaissance
activities;
(k) Conduct such administrative and technical support activities within and outside
the United States as are necessary to perform the functions described in sections (a)
though (j) above.
SEC. 1.12. INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF DEFENSE.
In carrying out the responsibilities assigned in section 1.11, the Secretary of Defense
is authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall include:
(1) Collection, production, or, through tasking and coordination, provision of
military and military-related intelligence for the Secretary of Defense, the
Joint Chiefs of Staff, other Defense components, and, as appropriate, nonDefense agencies;
(2) Collection and provision of military intelligence for national foreign
intelligence and counterintelligence products;
(3) Coordination of all Department of Defense intelligence production
products;
(4) Management of the Defense Attaché system; and
(5) Provision of foreign intelligence and counterintelligence staff support as
directed by the Joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall include:
(1) Establishment and operation of an effective unified organization for
signals intelligence activities, except for the delegation of operational
control over certain operations that are conducted through other elements of
the Intelligence Community. No other department or agency may engage in
signals intelligence activities except pursuant to a delegation by the
Secretary of Defense;
(2) Control of signals intelligence collection and processing activities,
including assignment of resources to an appropriate agent for such periods
and tasks as required for the direct support of military commanders;

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(3) Collection of signals intelligence information for national foreign
intelligence purposes in accordance with guidance from the Director of
Central Intelligence;
(4) Processing of signals intelligence data for national foreign intelligence
purposes in accordance with guidance from the Director of Central
Intelligence;
(5) Dissemination of signals intelligence information for national foreign
intelligence purposes in accordance with guidance from the Director of
Central Intelligence;
(6) Collection, processing and dissemination of signals intelligence
information for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of military
operations in accordance with tasking, priorities, and standards of timeliness
assigned by the Secretary of Defense. If provision of such support requires
use of national collection systems, these systems will be tasked within
existing guidance from the Director of Central Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as executive
agent for the communications security of the United States Government;
(9) Conduct of research and development to meet the needs of the United
States for signals intelligence and communications security;
(10) Protection of the security of installations, activities, information,
property, and employees by appropriate means, including such
investigations of applicants, employees, contractors, and other persons with
similar associations with the NSA as are necessary;
(11) Prescribing within its field of authorized operations, security
regulations covering operating practices, including the transmission,
handling and distribution of signals intelligence and communications
security material within and among the elements under control of the
Director of the NSA, and exercising the necessary supervisory control to
ensure compliance with the regulations;
(12) Conduct of foreign cryptologic liaison relationships, with liaison for
intelligence purposes conducted in accordance with policies formulated by
the Director of Central Intelligence;
(13) Conduct such administrative and technical support activities within and
outside the United States as are necessary to perform the functions described
in sections (1) though (12) above.
(c) Offices for the collection of specialized intelligence through reconnaissance
programs, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized
intelligence;
(2) Responding to tasking in accordance with procedures established by the
Director of Central Intelligence; and

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(3) Delegating authority to the various departments and agencies for
research, development, procurement, and operation of designated means of
collection.
(d) The foreign intelligence and counterintelligence elements of the Army, Navy, Air
Force, and Marine Corps, whose responsibilities shall include:
(1) Collection, production and dissemination of military and military-related
foreign intelligence and counterintelligence, and information on the foreign
aspects of narcotics production and trafficking. When collection is
conducted in response to national foreign intelligence requirements, it will
be conducted in accordance with guidance from the Director of Central
Intelligence. Collection of national foreign intelligence, not otherwise
obtainable, outside the United States shall be coordinated with the CIA, and
such collection within the United States shall be coordinated with the FBI;
(2) Conduct of counterintelligence activities outside the United States in
coordination with the CIA, and within the United States in coordination with
the FBI; and
(3) Monitoring of the development, procurement and management of tactical
intelligence systems and equipment and conducting related research,
development, and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate for conduct of the
intelligence missions and responsibilities assigned to the Secretary of Defense. If
such other offices are used for intelligence purposes, the provisions of Part 2 of this
Order shall apply to those offices when used for those purposes.
SEC. 1.13. THE DEPARTMENT OF ENERGY. The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting information with
respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for the Secretary’s
responsibilities;
(c) Participate in formulating intelligence collection and analysis requirements where
the special expert capability of the Department can contribute; and
(d) Provide expert technical, analytical and research capability to other agencies
within the Intelligence Community.
SEC. 1.14. THE FEDERAL BUREAU OF INVESTIGATION. Under the supervision of the
Attorney General and pursuant to such regulations as the Attorney General may
establish, the Director of the FBI shall:
(a) Within the United States conduct counterintelligence and coordinate
counterintelligence activities of other agencies within the Intelligence Community.
When a counterintelligence activity of the FBI involves military or civilian personnel
of the Department of Defense, the FBI shall coordinate with the Department of
Defense;

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(b) Conduct counterintelligence activities outside the United States in coordination
with the CIA as required by procedures agreed upon by the Director of Central
Intelligence and the Attorney General;
(c) Conduct within the United States, when requested by officials of the Intelligence
Community designated by the President, activities undertaken to collect foreign
intelligence or support foreign intelligence collection requirements of other agencies
within the Intelligence Community, or, when requested by the Director of the
National Security Agency, to support the communications security activities of the
United States Government;
(d) Produce and disseminate foreign intelligence and counterintelligence; and
(e) Carry out or contract for research, development and procurement of technical
systems and devices relating to the functions authorized above.
PART 2—CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 2.1. NEED. Accurate and timely information about the capabilities, intentions
and activities of foreign powers, organizations, or persons and their agents is
essential to informed decision making in the areas of national defense and foreign
relations. Collection of such information is a priority objective and will be pursued
in a vigorous, innovative and responsible manner that is consistent with the
Constitution and applicable law and respectful of the principles upon which the
United States was founded.
SEC. 2.2. PURPOSE. This Order is intended to enhance human and technical
collection techniques, especially those undertaken abroad, and the acquisition of
significant foreign intelligence, as well as the detection and countering of
international terrorist activities and espionage conducted by foreign powers. Set
forth below are certain general principles that, in addition to and consistent with
applicable laws, are intended to achieve the proper balance between the acquisition
of essential information and protection of individual interests. Nothing in this Order
shall be construed to apply to or interfere with any authorized civil or criminal law
enforcement responsibility of any department or agency.
SEC. 2.3. COLLECTION OF INFORMATION. Agencies within the Intelligence
Community are authorized to collect, retain or disseminate information concerning
United States persons only in accordance with procedures established by the head of
the agency concerned and approved by the Attorney General, consistent with the
authorities provided by Part 1 of this Order. Those procedures shall permit
collection, retention and dissemination of the following types of information:
(a) Information that is publicly available or collected with the consent of the person
concerned;
(b) Information constituting foreign intelligence or counterintelligence, including
such information concerning corporations or other commercial organizations.
Collection within the United States of foreign intelligence not otherwise obtainable

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shall be undertaken by the FBI or, when significant foreign intelligence is sought, by
other authorized agencies of the Intelligence Community, provided that no foreign
intelligence collection by such agencies may be undertaken for the purpose of
acquiring information concerning the domestic activities of United States persons;
(c) Information obtained in the course of a lawful foreign intelligence,
counterintelligence, international narcotics or international terrorism investigation;
(d) Information needed to protect the safety of any persons or organizations,
including those who are targets, victims or hostages of international terrorist
organizations;
(e) Information needed to protect foreign intelligence or counterintelligence sources
or methods from unauthorized disclosure. Collection within the United States shall
be undertaken by the FBI except that other agencies of the Intelligence Community
may also collect such information concerning present or former employees, present
or former intelligence agency contractors or their present or former employees, or
applicants for such employment or contracting;
(f) Information concerning persons who are reasonably believed to be potential
sources or contacts for the purpose of determining their suitability or credibility;
(g) Information arising out of a lawful personnel, physical or communications
security investigation;
(h) Information acquired by overhead reconnaissance not directed at specific United
States persons; and
(i) Incidentally obtained information that may indicate involvement in activities that
may violate federal, state, local or foreign laws; and
(j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may disseminate
information, other than information derived from signals intelligence, to each
appropriate agency within the Intelligence Community for purposes of allowing the
recipient agency to determine whether the information is relevant to its
responsibilities and can be retained by it.
SEC. 2.4. COLLECTION TECHNIQUES. Agencies within the Intelligence Community
shall use the least intrusive collection techniques feasible within the United States or
directed against United States persons abroad. Agencies are not authorized to use
such techniques as electronic surveillance, unconsented physical searches, mail
surveillance, physical surveillance, or monitoring devices unless they are in
accordance with procedures established by the head of the agency and approved by
the Attorney General. Such procedures shall protect constitutional and other legal
rights and limit use of such information to lawful governmental purposes. These
procedures shall not authorize:
(a) The CIA to engage in electronic surveillance within the United States except for
the purpose of training, testing, or conducting countermeasures to hostile electronic
surveillance;
(b) Unconsented physical searches in the United States by agencies other than the
FBI, except for:

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(1) Searches by counterintelligence elements of the military services directed
against military personnel within the United States or abroad for intelligence
purposes, when authorized by a military commander empowered to approve
physical searches for law enforcement purposes, based upon a finding of
probable cause to believe that such persons are acting as agents of foreign
powers; and
(2) Searches by CIA of personal property of non-United States persons
lawfully in its possession.
(c) Physical surveillance of a United States person in the United States by agencies
other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or former
intelligence agency contractors or their present or former employees, or
applicants for any such employment or contracting; and
(2) Physical surveillance of a military person employed by a nonintelligence element of a military service.
(d) Physical surveillance of a United States person abroad to collect foreign
intelligence, except to obtain significant information than cannot reasonably be
acquired by other means.
SEC. 2.5. ATTORNEY GENERAL APPROVAL. The Attorney General hereby is
delegated the power to approve the use for intelligence purposes, within the United
States or against a United States person abroad, of any technique for which a warrant
would be required if undertaken for law enforcement purposes, provided that such
techniques shall not be undertaken unless the Attorney General has determined in
each case that there is probable cause to believe that the technique is directed against
a foreign power or an agent of a foreign power. Electronic surveillance, as defined in
the Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance
with that Act, as well as this Order.
SEC. 2.6. ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES. Agencies within the
Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the purpose of
protecting the employees, information, property and facilities of any agency within
the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate in law enforcement
activities to investigate or prevent clandestine intelligence activities by foreign
powers, or international terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance of expert
personnel for use by any department or agency, or when lives are endangered, to
support local law enforcement agencies. Provision of assistance by expert personnel
shall be approved in each case by the General Counsel of the providing agency; and
(d) Render any other assistance and cooperation to law enforcement authorities not
precluded by applicable law.

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SEC. 2.7. CONTRACTING. Agencies within the Intelligence Community are
authorized to enter into contracts or arrangements for the provision of goods or
services with private companies or institutions in the United States and need not
reveal the sponsorship of such contracts or arrangements for authorized intelligence
purposes. Contracts or arrangements with academic institutions may be undertaken
only with the consent of appropriate officials of the institution.
SEC. 2.8. CONSISTENCY WITH OTHER LAWS. Nothing in this Order shall be construed
to authorize any activity in violation of the Constitution or statutes of the United
States.
SEC. 2.9. UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED
STATES. No one acting on behalf of agencies within the Intelligence Community
may join or otherwise participate in any organization in the United States on behalf
of any agency within the Intelligence Community without disclosing his intelligence
affiliation to appropriate officials of the organization, except in accordance with
procedures established by the head of the agency concerned and approved by the
Attorney General. Such participation shall be authorized only if it is essential to
achieving lawful purposes as determined by the agency head or designee. No such
participation may be undertaken for the purpose of influencing the activity of the
organization or its members except in cases where:
(a) The participation is undertaken on behalf of the FBI in the course of a lawful
investigation; or
(b) The organization concerned is composed primarily of individuals who are not
United States persons and is reasonably believed to be acting on behalf of a foreign
power.
SEC. 2.10. HUMAN EXPERIMENTATION. No agency within the Intelligence
Community shall sponsor, contract for or conduct research on human subjects except
in accordance with guidelines issued by the Department of Health and Human
Services. The subject’s informed consent shall be documented as required by those
guidelines.
SEC. 2.11. PROHIBITION ON ASSASSINATION. No person employed by or acting on
behalf of the United States Government shall engage in or conspire to engage in
assassination.
SEC. 2.12. INDIRECT PARTICIPATION. No agency of the Intelligence Community shall
participate in or request any person to undertake activities forbidden by this Order.
PART 3—GENERAL PROVISIONS
SEC. 3.1. CONGRESSIONAL OVERSIGHT. The duties and responsibilities of the
Director of Central Intelligence and the heads of other departments, agencies, and

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entities engaged in intelligence activities to cooperate with the Congress in the
conduct of its responsibilities for oversight of intelligence activities shall be
implemented in accordance with applicable law, including title V of the Act. The
requirements of applicable law, including title V of the Act, shall apply to all special
activities as defined in this Order.
SEC. 3.2. IMPLEMENTATION. The NSC, the Secretary of Defense, the Attorney
General, and the Director of Central Intelligence shall issue such appropriate
directives and procedures as are necessary to implement this Order. Heads of
agencies within the Intelligence Community shall issue appropriate supplementary
directives and procedures consistent with this Order. The Attorney General shall
provide a statement of reasons for not approving any procedures established by the
head of an agency in the Intelligence Community other than the FBI. The National
Security Council may establish procedures in instances where the agency head and
the Attorney General are unable to reach agreements on other than constitutional or
other legal grounds.
SEC. 3.3. PROCEDURES. Until the procedures required by this Order have been
established, the activities herein authorized which require procedures shall be
conducted in accordance with existing procedures or requirements established under
Executive Order No. 12036. Procedures required by this Order shall be established
as expeditiously as possible. All procedures promulgated pursuant to this Order shall
be made available to the congressional intelligence oversight committees.
SEC. 3.4. DEFINITIONS. For the purposes of this Order, the following terms shall
have these meanings:
(a) Counterintelligence means information gathered and activities conducted to
protect against espionage, other intelligence activities, sabotage, or assassinations
conducted for or on behalf of foreign powers, organizations, or persons, or
international terrorist activities, but not including personnel, physical, document or
communications security programs.
(b) Electronic surveillance means acquisition of a nonpublic communication by
electronic means without the consent of a person who is a party to an electronic
communication or, in the case of a nonelectronic communication, without the
consent of a person who is visibly present at the place of communication, but not
including the use of radio direction-finding equipment solely to determine the
location of a transmitter.
(c) Employee means a person employed by, assigned to or acting for an agency
within the Intelligence Community.
(d) Foreign intelligence means information relating to the capabilities, intentions and
activities of foreign powers, organizations or persons, but not including
counterintelligence except for information on international terrorist activities.
(e) Intelligence activities means all activities that agencies within the Intelligence
Community are authorized to conduct pursuant to this Order.

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(f) Intelligence Community and agencies within the Intelligence Community or
organizations within the Intelligence Community, refer to the following agencies or
organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense for the collection of
specialized national foreign intelligence through reconnaissance programs;
(5) The Bureau of Intelligence and Research of the Department of State;
(6) The intelligence elements of the Army, Navy, Air Force, and Marine
Corps, the Federal Bureau of Investigation (FBI), the Department of the
Treasury, and the Department of Energy;
(7) The staff elements of the Director of Central Intelligence;
(8) The intelligence elements of the Coast Guard and those elements of the
Department of Homeland Security that are supervised by the Department’s
Under Secretary for Information Analysis and Infrastructure Protection
through the Department’s Assistant Secretary for Information Analysis, with
the exception of those functions that involve no analysis of foreign
intelligence information; and
(9) National Geospatial-Intelligence Agency.
(g) The National Foreign Intelligence Program includes the programs listed below,
but its composition shall be subject to review by the National Security Council and
modification by the President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense Intelligence
Program, and the programs of the offices within the Department of Defense
for the collection of specialized national foreign intelligence through
reconnaissance, except such elements as the Director of Central Intelligence
and the Secretary of Defense agree should be excluded.
(3) Other programs of agencies within the Intelligence Community
designated jointly by the Director of Central Intelligence and the head of the
department or by the President as national foreign intelligence or
counterintelligence activities;
(4) Activities of the staff elements of the Director of Central Intelligence;
(5) Activities to acquire the intelligence required for the planning and
conduct of tactical operations by the United States military forces are not
included in the National Foreign Intelligence Program.
(h) Special activities means activities conducted in support of national foreign
intelligence objectives abroad which are planned and executed so that the role of the
United States Government is not apparent or acknowledged publicly, and functions
in support of such activities, but which are not intended to influence United States
political processes, public opinion, policies, or media and do not include diplomatic
activities or the collection and production of intelligence or related support functions.

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(i) United States person means a United States citizen, an alien known by the
intelligence agency concerned to be a permanent resident alien, an unincorporated
association substantially composed of United States citizens or permanent resident
aliens, or a corporation incorporated in the United States, except for a corporation
directed and controlled by a foreign government or governments.
SEC. 3.5. PURPOSE AND EFFECT. This Order is intended to control and provide
direction and guidance to the Intelligence Community. Nothing contained herein or
in any procedures promulgated hereunder is intended to confer any substantive or
procedural right or privilege on any person or organization.
SEC. 3.6. REVOCATION. Executive Order No. 12036 of January 24, 1978, as
amended, entitled “United States Intelligence Activities,” is revoked.
-/S/-Ronald Reagan
THE WHITE HOUSE
December 4, 1981

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EXECUTIVE ORDER 12863:
PRESIDENT’S FOREIGN INTELLIGENCE ADVISORY BOARD
(Federal Register Vol. 58, No. 177 (September 15, 1993))

By the authority vested in me as President by the Constitution and the laws of the
United States of America, and in order to enhance the security of the United
States by improving the quality and effectiveness of intelligence available to the
United States, and to assure the legality of activities of the Intelligence
Community, it is ordered as follows:
PART 1—ASSESSMENT OF INTELLIGENCE ACTIVITIES
SECTION 1.1. There is hereby established within the White House Office,
Executive Office of the President, the President’s Foreign Intelligence Advisory
Board (PFIAB). The PFIAB shall consist of not more than 16 members, who
shall serve at the pleasure of the President and shall be appointed by the President
from among trustworthy and distinguished citizens outside the Government who
are qualified on the basis of achievement, experience and independence. The
President shall establish the terms of the members upon their appointment. To the
extent practicable, one-third of the PFIAB at any one time shall be comprised of
members whose term of service does not exceed 2 years. The President shall
designate a Chairman and Vice Chairman from among the members. The PFIAB
shall utilize fulltime staff and consultants as authorized by the President. Such
staff shall be headed by an Executive Director, appointed by the President.
SEC. 1.2. The PFIAB shall assess the quality, quantity, and adequacy of
intelligence collection, of analysis and estimates, and of counterintelligence and
other intelligence activities. The PFIAB shall have the authority to review
continually the performance of all agencies of the Federal Government that are
engaged in the collection, evaluation, or production of intelligence or the
execution of intelligence policy. The PFIAB shall further be authorized to assess
the adequacy of management, personnel and organization in the intelligence
agencies. The heads of departments and agencies of the Federal Government, to
the extent permitted by law, shall provide the PFIAB with access to all
information that the PFIAB deems necessary to carry out its responsibilities.
SEC. 1.3. The PFIAB shall report directly to the President and advise him
concerning the objectives, conduct, management and coordination of the various
activities of the agencies of the Intelligence Community. The PFIAB shall report
periodically, but at least semiannually, concerning its findings and appraisals and
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shall make appropriate recommendations for the improvement and enhancement
of the intelligence efforts of the United States.
SEC. 1.4. The PFIAB shall consider and recommend appropriate action with
respect to matters, identified to the PFIAB by the Director of National
Intelligence, the Central Intelligence Agency, or other Government agencies
engaged in intelligence or related activities, in which the advice of the PFIAB
will further the effectiveness of the national intelligence effort. With respect to
matters deemed appropriate by the President, the PFIAB shall advise and make
recommendations to the Director of National Intelligence, the Central
Intelligence Agency, and other Government agencies engaged in intelligence and
related activities, concerning ways to achieve increased effectiveness in meeting
national intelligence needs.
PART 2—OVERSIGHT OF INTELLIGENCE ACTIVITIES
SEC. 2.1. The Intelligence Oversight Board (IOB) is hereby established as a
standing committee of the PFIAB. The IOB shall consist of no more than five
members designated by the President from among the membership of the PFIAB.
The Chairman of the PFIAB may also serve as the Chairman or a member of the
IOB if so designated by the President. The IOB shall utilize such full-time staff
and consultants as authorized by the Chairman of the IOB with the concurrence
of the Chairman of the PFIAB.
SEC. 2.2. The IOB shall:
(a) prepare for the President reports of intelligence activities that the IOB
believes may be unlawful or contrary to Executive order or Presidential directive;
(b) forward to the Attorney General reports received concerning intelligence
activities that the IOB believes may be unlawful or contrary to Executive order or
Presidential directive;
(c) review the internal guidelines of each agency within the Intelligence
Community that concern the lawfulness of intelligence activities;
(d) review the practices and procedures of the Inspectors General and General
Counsel of the Intelligence Community for discovering and reporting intelligence
activities that may be unlawful or contrary to Executive order or Presidential
directive; and
(e) conduct such investigations as the IOB deems necessary to carry out its
functions under this order.
SEC. 2.3. The IOB shall report to the President. The IOB shall consider and take
appropriate action with respect to matters identified by the Director of National
Intelligence, the Central Intelligence Agency or other agencies of the Intelligence
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Community. With respect to matters deemed appropriate by the President, the
IOB shall advise and make appropriate recommendations to the Director of
National Intelligence, the Central Intelligence Agency and other agencies of the
Intelligence Community.
SEC. 2.4. The heads of departments and agencies of the Intelligence Community,
to the extent permitted by law, shall provide the IOB with all information that the
IOB deems necessary to carry out its responsibilities. Inspectors General and
General Counsel of the Intelligence Community, to the extent permitted by law,
shall report to the IOB, at least on a quarterly basis and from time to time as
necessary or appropriate, concerning intelligence activities that they have reason
to believe may be unlawful or contrary to Executive order or Presidential
directive.
PART 3—GENERAL PROVISIONS
SEC. 3.1. Information made available to the PFIAB, or members of the PFIAB
acting in their IOB capacity, shall be given all necessary security protection in
accordance with applicable laws and regulations. Each member of the PFIAB,
each member of the PFIAB’s staff and each of the PFIAB’s consultants shall
execute an agreement never to reveal any classified information obtained by
virtue of his or her services with the PFIAB except to the President or to such
persons as the President may designate.
SEC. 3.2. Members of the PFIAB shall serve without compensation but may
receive transportation expenses and per diem allowance as authorized by law.
Staff and consultants to the PFIAB shall receive pay and allowances as
authorized by the President.
SEC. 3.3. Executive Order No. 12334 of December 4, 1981, as amended, and
Executive Order No. 12537 of October 28, 1985, as amended, are revoked.
SEC. 3.4. This order is intended only to improve the internal management of the
executive branch of the Federal Government, and is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in
equity, against the United States, its departments, agencies, or other entities, its
officers or employees, or any other person.”
-/S/-William J. Clinton
THE WHITE HOUSE,
September 13, 1993
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EXECUTIVE ORDER 12958:
CLASSIFIED NATIONAL SECURITY INFORMATION
(Federal Register Vol. 60, No. 76 (April 20, 1995);
as amended by Executive Order 13292)

This order prescribes a uniform system for classifying, safeguarding, and
declassifying national security information, including information relating to
defense against transnational terrorism. Our democratic principles require that the
American people be informed of the activities of their Government. Also, our
Nation’s progress depends on the free flow of information. Nevertheless,
throughout our history, the national defense has required that certain information
be maintained in confidence in order to protect our citizens, our democratic
institutions, our homeland security, and our interactions with foreign nations.
Protecting information critical to our Nation’s security remains a priority.
NOW, THEREFORE, by the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered as follows:
PART 1—ORIGINAL CLASSIFICATION
SEC. 1.1. CLASSIFICATION STANDARDS.
(a) Information may be originally classified under the terms of this order only if
all of the following conditions are met:
(1) an original classification authority is classifying the information;
(2) the information is owned by, produced by or for, or is under the
control of the United States Government;
(3) the information falls within one or more of the categories of
information listed in section 1.4 of this order; and
(4) the original classification authority determines that the unauthorized
disclosure of the information reasonably could be expected to result in
damage to the national security, which includes defense against
transnational terrorism, and the original classification authority is able to
identify or describe the damage.
(b) Classified information shall not be declassified automatically as a result of
any unauthorized disclosure of identical or similar information.
(c) The unauthorized disclosure of foreign government information is presumed
to cause damage to the national security.
SEC. 1.2. CLASSIFICATION LEVELS.
(a) Information may be classified at one of the following three levels:
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(1) “Top Secret” shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause exceptionally
grave damage to the national security that the original classification
authority is able to identify or describe.
(2) “Secret” shall be applied to information, the unauthorized disclosure
of which reasonably could be expected to cause serious damage to the
national security that the original classification authority is able to
identify or describe.
(3) “Confidential” shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause damage to the
national security that the original classification authority is able to
identify or describe.
(b) Except as otherwise provided by statute, no other terms shall be used to
identify United States classified information.
SEC. 1.3. CLASSIFICATION AUTHORITY.
(a) The authority to classify information originally may be exercised only by:
(1) the President and, in the performance of executive duties, the Vice
President;
(2) agency heads and officials designated by the President in the Federal
Register; and
(3) United States Government officials delegated this authority pursuant
to paragraph (c) of this section.
(b) Officials authorized to classify information at a specified level are also
authorized to classify information at a lower level.
(c) DELEGATION OF ORIGINAL CLASSIFICATION AUTHORITY.
(1) Delegations of original classification authority shall be limited to the
minimum required to administer this order. Agency heads are responsible
for ensuring that designated subordinate officials have a demonstrable
and continuing need to exercise this authority.
(2) “Top Secret” original classification authority may be delegated only
by the President; in the performance of executive duties, the Vice
President; or an agency head or official designated pursuant to paragraph
(a)(2) of this section.
(3) “Secret” or “Confidential” original classification authority may be
delegated only by the President; in the performance of executive duties,
the Vice President; or an agency head or official designated pursuant to
paragraph (a)(2) of this section; or the senior agency official described in
section 5.4(d) of this order, provided that official has been delegated
“Top Secret” original classification authority by the agency head.

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(4) Each delegation of original classification authority shall be in writing
and the authority shall not be redelegated except as provided in this
order. Each delegation shall identify the official by name or position title.
(d) Original classification authorities must receive training in original
classification as provided in this order and its implementing directives. Such
training must include instruction on the proper safeguarding of classified
information and of the criminal, civil, and administrative sanctions that may be
brought against an individual who fails to protect classified information from
unauthorized disclosure.
(e) EXCEPTIONAL CASES. When an employee, government contractor, licensee,
certificate holder, or grantee of an agency who does not have original
classification authority originates information believed by that person to require
classification, the information shall be protected in a manner consistent with this
order and its implementing directives. The information shall be transmitted
promptly as provided under this order or its implementing directives to the
agency that has appropriate subject matter interest and classification authority
with respect to this information. That agency shall decide within 30 days whether
to classify this information. If it is not clear which agency has classification
responsibility for this information, it shall be sent to the Director of the
Information Security Oversight Office. The Director shall determine the agency
having primary subject matter interest and forward the information, with
appropriate recommendations, to that agency for a classification determination.
SEC. 1.4. CLASSIFICATION CATEGORIES. Information shall not be considered for
classification unless it concerns:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including special activities), intelligence sources or
methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including
confidential sources;
(e) scientific, technological, or economic matters relating to the national security,
which includes defense against transnational terrorism;
(f) United States Government programs for safeguarding nuclear materials or
facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures,
projects, plans, or protection services relating to the national security, which
includes defense against transnational terrorism; or
(h) weapons of mass destruction.

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SEC. 1.5. DURATION OF CLASSIFICATION.
(a) At the time of original classification, the original classification authority shall
attempt to establish a specific date or event for declassification based upon the
duration of the national security sensitivity of the information. Upon reaching the
date or event, the information shall be automatically declassified. The date or
event shall not exceed the time frame established in paragraph (b) of this section.
(b) If the original classification authority cannot determine an earlier specific
date or event for declassification, information shall be marked for
declassification 10 years from the date of the original decision, unless the
original classification authority otherwise determines that the sensitivity of the
information requires that it shall be marked for declassification for up to 25 years
from the date of the original decision. All information classified under this
section shall be subject to section 3.3 of this order if it is contained in records of
permanent historical value under title 44, United States Code.
(c) An original classification authority may extend the duration of classification,
change the level of classification, or reclassify specific information only when
the standards and procedures for classifying information under this order are
followed.
(d) Information marked for an indefinite duration of classification under
predecessor orders, for example, marked as “Originating Agency’s
Determination Required,” or information classified under predecessor orders that
contains no declassification instructions shall be declassified in accordance with
part 3 of this order.
SEC. 1.6. IDENTIFICATION AND MARKINGS.
(a) At the time of original classification, the following shall appear on the face of
each classified document, or shall be applied to other classified media in an
appropriate manner:
(1) one of the three classification levels defined in section 1.2 of this
order;
(2) the identity, by name or personal identifier and position, of the
original classification authority;
(3) the agency and office of origin, if not otherwise evident;
(4) declassification instructions, which shall indicate one of the
following:
(A) the date or event for declassification, as prescribed in section
1.5(a) or section 1.5(c);
(B) the date that is 10 years from the date of original
classification, as prescribed in section 1.5(b); or
(C) the date that is up to 25 years from the date of original
classification, as prescribed in section 1.5 (b); and
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(5) a concise reason for classification that, at a minimum, cites the
applicable classification categories in section 1.4 of this order.
(b) Specific information described in paragraph (a) of this section may be
excluded if it would reveal additional classified information.
(c) With respect to each classified document, the agency originating the
document shall, by marking or other means, indicate which portions are
classified, with the applicable classification level, and which portions are
unclassified. In accordance with standards prescribed in directives issued under
this order, the Director of the Information Security Oversight Office may grant
waivers of this requirement. The Director shall revoke any waiver upon a finding
of abuse.
(d) Markings implementing the provisions of this order, including abbreviations
and requirements to safeguard classified working papers, shall conform to the
standards prescribed in implementing directives issued pursuant to this order.
(e) Foreign government information shall retain its original classification
markings or shall be assigned a U.S. classification that provides a degree of
protection at least equivalent to that required by the entity that furnished the
information. Foreign government information retaining its original classification
markings need not be assigned a U.S. classification marking provided that the
responsible agency determines that the foreign government markings are
adequate to meet the purposes served by U.S. classification markings.
(f) Information assigned a level of classification under this or predecessor orders
shall be considered as classified at that level of classification despite the omission
of other required markings. Whenever such information is used in the derivative
classification process or is reviewed for possible declassification, holders of such
information shall coordinate with an appropriate classification authority for the
application of omitted markings.
(g) The classification authority shall, whenever practicable, use a classified
addendum whenever classified information constitutes a small portion of an
otherwise unclassified document.
(h) Prior to public release, all declassified records shall be appropriately marked
to reflect their declassification.
SEC. 1.7. CLASSIFICATION PROHIBITIONS AND LIMITATIONS.
(a) In no case shall information be classified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require
protection in the interest of the national security.
(b) Basic scientific research information not clearly related to the national
security shall not be classified.
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(c) Information may be reclassified after declassification and release to the public
under proper authority only in accordance with the following conditions:
(1) the reclassification action is taken under the personal authority of the
agency head or deputy agency head, who determines in writing that the
reclassification of the information is necessary in the interest of the
national security;
(2) the information may be reasonably recovered; and
(3) the reclassification action is reported promptly to the Director of the
Information Security Oversight Office.
(d) Information that has not previously been disclosed to the public under proper
authority may be classified or reclassified after an agency has received a request
for it under the Freedom of Information Act (5 U.S.C. §552) or the Privacy Act
of 1974 (5 U.S.C. §552a), or the mandatory review provisions of section 3.5 of
this order only if such classification meets the requirements of this order and is
accomplished on a document-by-document basis with the personal participation
or under the direction of the agency head, the deputy agency head, or the senior
agency official designated under section 5.4 of this order.
(e) Compilations of items of information that are individually unclassified may
be classified if the compiled information reveals an additional association or
relationship that: (1) meets the standards for classification under this order; and
(2) is not otherwise revealed in the individual items of information. As used in
this order, “compilation” means an aggregation of pre-existing unclassified items
of information.
SEC. 1.8. CLASSIFICATION CHALLENGES.
(a) Authorized holders of information who, in good faith, believe that its
classification status is improper are encouraged and expected to challenge the
classification status of the information in accordance with agency procedures
established under paragraph (b) of this section.
(b) In accordance with implementing directives issued pursuant to this order, an
agency head or senior agency official shall establish procedures under which
authorized holders of information are encouraged and expected to challenge the
classification of information that they believe is improperly classified or
unclassified. These procedures shall ensure that:
(1) individuals are not subject to retribution for bringing such actions;
(2) an opportunity is provided for review by an impartial official or
panel; and
(3) individuals are advised of their right to appeal agency decisions to the
Interagency Security Classification Appeals Panel (Panel) established by
section 5.3 of this order.

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PART 2—DERIVATIVE CLASSIFICATION
SEC. 2.1. USE OF DERIVATIVE CLASSIFICATION.
(a) Persons who only reproduce, extract, or summarize classified information, or
who only apply classification markings derived from source material or as
directed by a classification guide, need not possess original classification
authority.
(b) Persons who apply derivative classification markings shall:
(1) observe and respect original classification decisions; and
(2) carry forward to any newly created documents the pertinent
classification markings. For information derivatively classified based on
multiple sources, the derivative classifier shall carry forward:
(A) the date or event for declassification that corresponds to the
longest period of classification among the sources; and
(B) a listing of these sources on or attached to the official file or
record copy.
SEC. 2.2. CLASSIFICATION GUIDES.
(a) Agencies with original classification authority shall prepare classification
guides to facilitate the proper and uniform derivative classification of
information. These guides shall conform to standards contained in directives
issued under this order.
(b) Each guide shall be approved personally and in writing by an official who:
(1) has program or supervisory responsibility over the information or is
the senior agency official; and
(2) is authorized to classify information originally at the highest level of
classification prescribed in the guide.
(c) Agencies shall establish procedures to ensure that classification guides are
reviewed and updated as provided in directives issued under this order.
PART 3—DECLASSIFICATION AND DOWNGRADING
SEC. 3.1. AUTHORITY FOR DECLASSIFICATION.
(a) Information shall be declassified as soon as it no longer meets the standards
for classification under this order.
(b) It is presumed that information that continues to meet the classification
requirements under this order requires continued protection. In some exceptional
cases, however, the need to protect such information may be outweighed by the
public interest in disclosure of the information, and in these cases the information
should be declassified. When such questions arise, they shall be referred to the
agency head or the senior agency official. That official will determine, as an
exercise of discretion, whether the public interest in disclosure outweighs the
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damage to the national security that might reasonably be expected from
disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for
classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) If the Director of the Information Security Oversight Office determines that
information is classified in violation of this order, the Director may require the
information to be declassified by the agency that originated the classification.
Any such decision by the Director may be appealed to the President through the
Assistant to the President for National Security Affairs. The information shall
remain classified pending a prompt decision on the appeal.
(d) The provisions of this section shall also apply to agencies that, under the
terms of this order, do not have original classification authority, but had such
authority under predecessor orders.
SEC. 3.2. TRANSFERRED RECORDS.
(a) In the case of classified records transferred in conjunction with a transfer of
functions, and not merely for storage purposes, the receiving agency shall be
deemed to be the originating agency for purposes of this order.
(b) In the case of classified records that are not officially transferred as described
in paragraph (a) of this section, but that originated in an agency that has ceased to
exist and for which there is no successor agency, each agency in possession of
such records shall be deemed to be the originating agency for purposes of this
order. Such records may be declassified or downgraded by the agency in
possession after consultation with any other agency that has an interest in the
subject matter of the records.
(c) Classified records accessioned into the National Archives and Records
Administration (National Archives) as of the effective date of this order shall be
declassified or downgraded by the Archivist of the United States (Archivist) in
accordance with this order, the directives issued pursuant to this order, agency
declassification guides, and any existing procedural agreement between the
Archivist and the relevant agency head.
(d) The originating agency shall take all reasonable steps to declassify classified
information contained in records determined to have permanent historical value
before they are accessioned into the National Archives. However, the Archivist
may require that classified records be accessioned into the National Archives
when necessary to comply with the provisions of the Federal Records Act. This
provision does not apply to records being transferred to the Archivist pursuant to
section 2203 of title 44, United States Code, or records for which the National
Archives serves as the custodian of the records of an agency or organization that
has gone out of existence.
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(e) To the extent practicable, agencies shall adopt a system of records
management that will facilitate the public release of documents at the time such
documents are declassified pursuant to the provisions for automatic
declassification in section 3.3 of this order.
SEC. 3.3. AUTOMATIC DECLASSIFICATION.
(a) Subject to paragraphs (b)–(e) of this section, on December 31, 2006, all
classified records that
(1) are more than 25 years old; and
(2) have been determined to have permanent historical value under title
44, United States Code;
shall be automatically declassified whether or not the records have been
reviewed. Subsequently, all classified records shall be automatically declassified
on December 31 of the year that is 25 years from the date of its original
classification, except as provided in paragraphs (b)–(e) of this section.
(b) An agency head may exempt from automatic declassification under paragraph
(a) of this section specific information, the release of which could be expected to:
(1) reveal the identity of a confidential human source, or a human
intelligence source, or reveal information about the application of an
intelligence source or method;
(2) reveal information that would assist in the development or use of
weapons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or
activities;
(4) reveal information that would impair the application of state of the art
technology within a U.S. weapon system;
(5) reveal actual U.S. military war plans that remain in effect;
(6) reveal information, including foreign government information, that
would seriously and demonstrably impair relations between the United
States and a foreign government, or seriously and demonstrably
undermine ongoing diplomatic activities of the United States;
(7) reveal information that would clearly and demonstrably impair the
current ability of United States Government officials to protect the
President, Vice President, and other protectees for whom protection
services, in the interest of the national security, are authorized;
(8) reveal information that would seriously and demonstrably impair
current national security emergency preparedness plans or reveal current
vulnerabilities of systems, installations, infrastructures, or projects
relating to the national security; or
(9) violate a statute, treaty, or international agreement.
(c) An agency head shall notify the President through the Assistant to the
President for National Security Affairs of any specific file series of records for
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which a review or assessment has determined that the information within that file
series almost invariably falls within one or more of the exemption categories
listed in paragraph (b) of this section and which the agency proposes to exempt
from automatic declassification. The notification shall include:
(1) a description of the file series;
(2) an explanation of why the information within the file series is almost
invariably exempt from automatic declassification and why the
information must remain classified for a longer period of time; and
(3) except for the identity of a confidential human source or a human
intelligence source, as provided in paragraph (b) of this section, a
specific date or event for declassification of the information. The
President may direct the agency head not to exempt the file series or to
declassify the information within that series at an earlier date than
recommended. File series exemptions previously approved by the
President shall remain valid without any additional agency action.
(d) At least 180 days before information is automatically declassified under this
section, an agency head or senior agency official shall notify the Director of the
Information Security Oversight Office, serving as Executive Secretary of the
Panel, of any specific information beyond that included in a notification to the
President under paragraph (c) of this section that the agency proposes to exempt
from automatic declassification. The notification shall include:
(1) a description of the information, either by reference to information in
specific records or in the form of a declassification guide;
(2) an explanation of why the information is exempt from automatic
declassification and must remain classified for a longer period of time;
and
(3) except for the identity of a confidential human source or a human
intelligence source, as provided in paragraph (b) of this section, a
specific date or event for declassification of the information. The Panel
may direct the agency not to exempt the information or to declassify it at
an earlier date than recommended. The agency head may appeal such a
decision to the President through the Assistant to the President for
National Security Affairs. The information will remain classified while
such an appeal is pending.
(e) The following provisions shall apply to the onset of automatic
declassification:
(1) Classified records within an integral file block, as defined in this
order, that are otherwise subject to automatic declassification under this
section shall not be automatically declassified until December 31 of the
year that is 25 years from the date of the most recent record within the
file block.
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(2) By notification to the Director of the Information Security Oversight
Office, before the records are subject to automatic declassification, an
agency head or senior agency official designated under section 5.4 of this
order may delay automatic declassification for up to 5 additional years
for classified information contained in microforms, motion pictures,
audiotapes, videotapes, or comparable media that make a review for
possible declassification exemptions more difficult or costly.
(3) By notification to the Director of the Information Security Oversight
Office, before the records are subject to automatic declassification, an
agency head or senior agency official designated under section 5.4 of this
order may delay automatic declassification for up to 3 years for classified
records that have been referred or transferred to that agency by another
agency less than 3 years before automatic declassification would
otherwise be required.
(4) By notification to the Director of the Information Security Oversight
Office, an agency head or senior agency official designated under section
5.4 of this order may delay automatic declassification for up to 3 years
from the date of discovery of classified records that were inadvertently
not reviewed prior to the effective date of automatic declassification.
(f) Information exempted from automatic declassification under this section shall
remain subject to the mandatory and systematic declassification review
provisions of this order.
(g) The Secretary of State shall determine when the United States should
commence negotiations with the appropriate officials of a foreign government or
international organization of governments to modify any treaty or international
agreement that requires the classification of information contained in records
affected by this section for a period longer than 25 years from the date of its
creation, unless the treaty or international agreement pertains to information that
may otherwise remain classified beyond 25 years under this section.
(h) Records containing information that originated with other agencies or the
disclosure of which would affect the interests or activities of other agencies shall
be referred for review to those agencies and the information of concern shall be
subject to automatic declassification only by those agencies, consistent with the
provisions of subparagraphs (e)(3) and (e)(4) of this section.
SEC. 3.4. SYSTEMATIC DECLASSIFICATION REVIEW.
(a) Each agency that has originated classified information under this order or its
predecessors shall establish and conduct a program for systematic
declassification review. This program shall apply to records of permanent
historical value exempted from automatic declassification under section 3.3 of
this order. Agencies shall prioritize the systematic review of records based upon
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the degree of researcher interest and the likelihood of declassification upon
review.
(b) The Archivist shall conduct a systematic declassification review program for
classified records:
(1) accessioned into the National Archives as of the effective date of this
order;
(2) transferred to the Archivist pursuant to section 2203 of title 44,
United States Code; and
(3) for which the National Archives serves as the custodian for an agency
or organization that has gone out of existence.
This program shall apply to pertinent records no later than 25 years from the date
of their creation. The Archivist shall establish priorities for the systematic review
of these records based upon the degree of researcher interest and the likelihood of
declassification upon review. These records shall be reviewed in accordance with
the standards of this order, its implementing directives, and declassification
guides provided to the Archivist by each agency that originated the records. The
Director of the Information Security Oversight Office shall ensure that agencies
provide the Archivist with adequate and current declassification guides.
(c) After consultation with affected agencies, the Secretary of Defense may
establish special procedures for systematic review for declassification of
classified cryptologic information, and the Director of Central Intelligence may
establish special procedures for systematic review for declassification of
classified information pertaining to intelligence activities (including special
activities), or intelligence sources or methods.
SEC. 3.5. MANDATORY DECLASSIFICATION REVIEW.
(a) Except as provided in paragraph
(b) of this section, all information classified under this order or predecessor
orders shall be subject to a review for declassification by the originating agency
if:
(1) the request for a review describes the document or material
containing the information with sufficient specificity to enable the
agency to locate it with a reasonable amount of effort;
(2) the information is not exempted from search and review under
sections 105C, 105D, or 701 of the National Security Act of 1947 (50
U.S.C. §403– 5c, 403–5e, and 431); and
(3) the information has not been reviewed for declassification within the
past 2 years. If the agency has reviewed the information within the past 2
years, or the information is the subject of pending litigation, the agency
shall inform the requester of this fact and of the requester’s appeal rights.
(b) Information originated by:
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(1) the incumbent President or, in the performance of executive duties,
the incumbent Vice President;
(2) the incumbent President’s White House Staff or, in the performance
of executive duties, the incumbent Vice President’s Staff;
(3) committees, commissions, or boards appointed by the incumbent
President; or
(4) other entities within the Executive Office of the President that solely
advise and assist the incumbent President;
is exempted from the provisions of paragraph (a) of this section. However, the
Archivist shall have the authority to review, downgrade, and declassify papers or
records of former Presidents under the control of the Archivist pursuant to
sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review
procedures developed by the Archivist shall provide for consultation with
agencies having primary subject matter interest and shall be consistent with the
provisions of applicable laws or lawful agreements that pertain to the respective
Presidential papers or records. Agencies with primary subject matter interest
shall be notified promptly of the Archivist’s decision. Any final decision by the
Archivist may be appealed by the requester or an agency to the Panel. The
information shall remain classified pending a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for declassification shall declassify
information that no longer meets the standards for classification under this order.
They shall release this information unless withholding is otherwise authorized
and warranted under applicable law.
(d) In accordance with directives issued pursuant to this order, agency heads shall
develop procedures to process requests for the mandatory review of classified
information. These procedures shall apply to information classified under this or
predecessor orders. They also shall provide a means for administratively
appealing a denial of a mandatory review request, and for notifying the requester
of the right to appeal a final agency decision to the Panel.
(e) After consultation with affected agencies, the Secretary of Defense shall
develop special procedures for the review of cryptologic information; the
Director of Central Intelligence shall develop special procedures for the review
of information pertaining to intelligence activities (including special activities),
or intelligence sources or methods; and the Archivist shall develop special
procedures for the review of information accessioned into the National Archives.
SEC. 3.6. PROCESSING REQUESTS AND REVIEWS. In response to a request for
information under the Freedom of Information Act, the Privacy Act of 1974, or
the mandatory review provisions of this order, or pursuant to the automatic
declassification or systematic review provisions of this order:

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(a) An agency may refuse to confirm or deny the existence or nonexistence of
requested records whenever the fact of their existence or nonexistence is itself
classified under this order or its predecessors.
(b) When an agency receives any request for documents in its custody that
contain information that was originally classified by another agency, or comes
across such documents in the process of the automatic declassification or
systematic review provisions of this order, it shall refer copies of any request and
the pertinent documents to the originating agency for processing, and may, after
consultation with the originating agency, inform any requester of the referral
unless such association is itself classified under this order or its predecessors. In
cases in which the originating agency determines in writing that a response under
paragraph (a) of this section is required, the referring agency shall respond to the
requester in accordance with that paragraph.
SEC. 3.7. DECLASSIFICATION DATABASE.
(a) The Director of the Information Security Oversight Office, in conjunction
with those agencies that originate classified information, shall coordinate the
linkage and effective utilization of existing agency databases of records that have
been declassified and publicly released.
(b) Agency heads shall fully cooperate with the Director of the Information
Security Oversight Office in these efforts.
PART 4—SAFEGUARDING
SEC. 4.1. GENERAL RESTRICTIONS ON ACCESS.
(a) A person may have access to classified information provided that:
(1) a favorable determination of eligibility for access has been made by
an agency head or the agency head’s designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access to classified information
in paragraph (a) of this section shall receive contemporaneous training on the
proper safeguarding of classified information and on the criminal, civil, and
administrative sanctions that may be imposed on an individual who fails to
protect classified information from unauthorized disclosure.
(c) Classified information shall remain under the control of the originating
agency or its successor in function. An agency shall not disclose information
originally classified by another agency without its authorization. An official or
employee leaving agency service may not remove classified information from the
agency’s control.
(d) Classified information may not be removed from official premises without
proper authorization.
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(e) Persons authorized to disseminate classified information outside the executive
branch shall ensure the protection of the information in a manner equivalent to
that provided within the executive branch.
(f) Consistent with law, directives, and regulation, an agency head or senior
agency official shall establish uniform procedures to ensure that automated
information systems, including networks and telecommunications systems, that
collect, create, communicate, compute, disseminate, process, or store classified
information have controls that:
(1) prevent access by unauthorized persons; and
(2) ensure the integrity of the information.
(g) Consistent with law, directives, and regulation, each agency head or senior
agency official shall establish controls to ensure that classified information is
used, processed, stored, reproduced, transmitted, and destroyed under conditions
that provide adequate protection and prevent access by unauthorized persons.
(h) Consistent with directives issued pursuant to this order, an agency shall
safeguard foreign government information under standards that provide a degree
of protection at least equivalent to that required by the government or
international organization of governments that furnished the information. When
adequate to achieve equivalency, these standards may be less restrictive than the
safeguarding standards that ordinarily apply to United States “Confidential”
information, including modified handling and transmission and allowing access
to individuals with a need-to-know who have not otherwise been cleared for
access to classified information or executed an approved nondisclosure
agreement.
(i) Except as otherwise provided by statute, this order, directives implementing
this order, or by direction of the President, classified information originating in
one agency shall not be disseminated outside any other agency to which it has
been made available without the consent of the originating agency. An agency
head or senior agency official may waive this requirement for specific
information originated within that agency. For purposes of this section, the
Department of Defense shall be considered one agency. Prior consent is not
required when referring records for declassification review that contain
information originating in several agencies.
SEC. 4.2. DISTRIBUTION CONTROLS.
(a) Each agency shall establish controls over the distribution of classified
information to ensure that it is distributed only to organizations or individuals
eligible for access and with a need-to-know the information.
(b) In an emergency, when necessary to respond to an imminent threat to life or
in defense of the homeland, the agency head or any designee may authorize the
disclosure of classified information to an individual or individuals who are
otherwise not eligible for access. Such actions shall be taken only in accordance
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with the directives implementing this order and any procedures issued by
agencies governing the classified information, which shall be designed to
minimize the classified information that is disclosed under these circumstances
and the number of individuals who receive it. Information disclosed under this
provision or implementing directives and procedures shall not be deemed
declassified as a result of such disclosure or subsequent use by a recipient. Such
disclosures shall be reported promptly to the originator of the classified
information. For purposes of this section, the Director of Central Intelligence
may issue an implementing directive governing the emergency disclosure of
classified intelligence information.
(c) Each agency shall update, at least annually, the automatic, routine, or
recurring distribution of classified information that they distribute. Recipients
shall cooperate fully with distributors who are updating distribution lists and
shall notify distributors whenever a relevant change in status occurs.
SEC. 4.3. SPECIAL ACCESS PROGRAMS.
(a) Establishment of special access programs. Unless otherwise authorized by the
President, only the Secretaries of State, Defense, and Energy, and the Director of
Central Intelligence, or the principal deputy of each, may create a special access
program. For special access programs pertaining to intelligence activities
(including special activities, but not including military operational, strategic, and
tactical programs), or intelligence sources or methods, this function shall be
exercised by the Director of Central Intelligence. These officials shall keep the
number of these programs at an absolute minimum, and shall establish them only
when the program is required by statute or upon a specific finding that:
(1) the vulnerability of, or threat to, specific information is exceptional;
and
(2) the normal criteria for determining eligibility for access applicable to
information classified at the same level are not deemed sufficient to
protect the information from unauthorized disclosure.
(b) Requirements and limitations.
(1) Special access programs shall be limited to programs in which the
number of persons who will have access ordinarily will be reasonably
small and commensurate with the objective of providing enhanced
protection for the information involved.
(2) Each agency head shall establish and maintain a system of accounting
for special access programs consistent with directives issued pursuant to
this order.
(3) Special access programs shall be subject to the oversight program
established under section 5.4(d) of this order. In addition, the Director of
the Information Security Oversight Office shall be afforded access to
these programs, in accordance with the security requirements of each
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program, in order to perform the functions assigned to the Information
Security Oversight Office under this order. An agency head may limit
access to a special access program to the Director and no more than one
other employee of the Information Security Oversight Office, or, for
special access programs that are extraordinarily sensitive and vulnerable,
to the Director only.
(4) The agency head or principal deputy shall review annually each
special access program to determine whether it continues to meet the
requirements of this order.
(5) Upon request, an agency head shall brief the Assistant to the
President for National Security Affairs, or a designee, on any or all of the
agency’s special access programs.
(c) Nothing in this order shall supersede any requirement made by or under 10
U.S.C. §119.
SEC. 4.4. ACCESS BY HISTORICAL RESEARCHERS AND CERTAIN FORMER
GOVERNMENT PERSONNEL.
(a) The requirement in section 4.1(a)(3) of this order that access to classified
information may be granted only to individuals who have a need-to-know the
information may be waived for persons who:
(1) are engaged in historical research projects;
(2) previously have occupied policy-making positions to which they
were appointed by the President under section 105(a)(2)(A) of title 3,
United States Code, or the Vice President under 106(a)(1)(A) of title 3,
United States Code; or
(3) served as President or Vice President.
(b) Waivers under this section may be granted only if the agency head or senior
agency official of the originating agency:
(1) determines in writing that access is consistent with the interest of the
national security;
(2) takes appropriate steps to protect classified information from
unauthorized disclosure or compromise, and ensures that the information
is safeguarded in a manner consistent with this order; and
(3) limits the access granted to former Presidential appointees and Vice
Presidential appointees to items that the person originated, reviewed,
signed, or received while serving as a Presidential appointee or a Vice
Presidential appointee.

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PART 5—IMPLEMENTATION AND REVIEW
SEC. 5.1. PROGRAM DIRECTION.
(a) The Director of the Information Security Oversight Office, under the direction
of the Archivist and in consultation with the Assistant to the President for
National Security Affairs, shall issue such directives as are necessary to
implement this order. These directives shall be binding upon the agencies.
Directives issued by the Director of the Information Security Oversight Office
shall establish standards for:
(1) classification and marking principles;
(2) safeguarding classified information, which shall pertain to the
handling, storage, distribution, transmittal, and destruction of and
accounting for classified information;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the implementation and monitoring functions of
this program to the Director of the Information Security Oversight Office.
SEC. 5.2. INFORMATION SECURITY OVERSIGHT OFFICE.
(a) There is established within the National Archives an Information Security
Oversight Office. The Archivist shall appoint the Director of the Information
Security Oversight Office, subject to the approval of the President.
(b) Under the direction of the Archivist, acting in consultation with the Assistant
to the President for National Security Affairs, the Director of the Information
Security Oversight Office shall:
(1) develop directives for the implementation of this order;
(2) oversee agency actions to ensure compliance with this order and its
implementing directives;
(3) review and approve agency implementing regulations and agency
guides for systematic declassification review prior to their issuance by
the agency;
(4) have the authority to conduct on-site reviews of each agency’s
program established under this order, and to require of each agency those
reports, information, and other cooperation that may be necessary to
fulfill its responsibilities. If granting access to specific categories of
classified information would pose an exceptional national security risk,
the affected agency head or the senior agency official shall submit a
written justification recommending the denial of access to the President
through the Assistant to the President for National Security Affairs
within 60 days of the request for access. Access shall be denied pending
the response;
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(5) review requests for original classification authority from agencies or
officials not granted original classification authority and, if deemed
appropriate, recommend Presidential approval through the Assistant to
the President for National Security Affairs;
(6) consider and take action on complaints and suggestions from persons
within or outside the Government with respect to the administration of
the program established under this order;
(7) have the authority to prescribe, after consultation with affected
agencies, standardization of forms or procedures that will promote the
implementation of the program established under this order;
(8) report at least annually to the President on the implementation of this
order; and
(9) convene and chair interagency meetings to discuss matters pertaining
to the program established by this order.
SEC. 5.3. INTERAGENCY SECURITY CLASSIFICATION APPEALS PANEL.
(a) ESTABLISHMENT AND ADMINISTRATION.
(1) There is established an Interagency Security Classification Appeals
Panel. The Departments of State, Defense, and Justice, the Central
Intelligence Agency, the National Archives, and the Assistant to the
President for National Security Affairs shall each be represented by a
senior-level representative who is a full-time or permanent part-time
Federal officer or employee designated to serve as a member of the Panel
by the respective agency head. The President shall select the Chair of the
Panel from among the Panel members.
(2) A vacancy on the Panel shall be filled as quickly as possible as
provided in paragraph (a)(1) of this section.
(3) The Director of the Information Security Oversight Office shall serve
as the Executive Secretary. The staff of the Information Security
Oversight Office shall provide program and administrative support for
the Panel.
(4) The members and staff of the Panel shall be required to meet
eligibility for access standards in order to fulfill the Panel’s functions.
(5) The Panel shall meet at the call of the Chair. The Chair shall schedule
meetings as may be necessary for the Panel to fulfill its functions in a
timely manner.
(6) The Information Security Oversight Office shall include in its reports
to the President a summary of the Panel’s activities.
(b) FUNCTIONS. The Panel shall:
(1) decide on appeals by persons who have filed classification challenges
under section 1.8 of this order;
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(2) approve, deny, or amend agency exemptions from automatic
declassification as provided in section 3.3 of this order; and
(3) decide on appeals by persons or entities who have filed requests for
mandatory declassification review under section 3.5 of this order.
(c) RULES AND PROCEDURES. The Panel shall issue bylaws, which shall be
published in the Federal Register. The bylaws shall establish the rules and
procedures that the Panel will follow in accepting, considering, and issuing
decisions on appeals. The rules and procedures of the Panel shall provide that the
Panel will consider appeals only on actions in which:
(1) the appellant has exhausted his or her administrative remedies within
the responsible agency;
(2) there is no current action pending on the issue within the Federal
courts; and
(3) the information has not been the subject of review by the Federal
courts or the Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the Panel so that it can fulfill its
functions in a timely and fully informed manner. An agency head may appeal a
decision of the Panel to the President through the Assistant to the President for
National Security Affairs. The Panel shall report to the President through the
Assistant to the President for National Security Affairs any instance in which it
believes that an agency head is not cooperating fully with the Panel.
(e) The Panel is established for the sole purpose of advising and assisting the
President in the discharge of his constitutional and discretionary authority to
protect the national security of the United States. Panel decisions are committed
to the discretion of the Panel, unless changed by the President.
(f) Notwithstanding paragraphs (a) through (e) of this section, whenever the
Panel reaches a conclusion that information owned or controlled by the Director
of Central Intelligence (Director) should be declassified, and the Director notifies
the Panel that he objects to its conclusion because he has determined that the
information could reasonably be expected to cause damage to the national
security and to reveal
(1) the identity of a human intelligence source, or
(2) information about the application of an intelligence source or method
(including any information that concerns, or is provided as a result of, a
relationship with a cooperating intelligence element of a foreign
government),
the information shall remain classified unless the Director’s determination is
appealed to the President, and the President reverses the determination.
SEC. 5.4. GENERAL RESPONSIBILITIES. Heads of agencies that originate or handle
classified information shall:
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(a) demonstrate personal commitment and commit senior management to the
successful implementation of the program established under this order;
(b) commit necessary resources to the effective implementation of the program
established under this order;
(c) ensure that agency records systems are designed and maintained to optimize
the safeguarding of classified information, and to facilitate its declassification
under the terms of this order when it no longer meets the standards for continued
classification; and
(d) designate a senior agency official to direct and administer the program, whose
responsibilities shall include:
(1) overseeing the agency’s program established under this order,
provided, an agency head may designate a separate official to oversee
special access programs authorized under this order. This official shall
provide a full accounting of the agency’s special access programs at least
annually;
(2) promulgating implementing regulations, which shall be published in
the Federal Register to the extent that they affect members of the public;
(3) establishing and maintaining security education and training
programs;
(4) establishing and maintaining an ongoing self-inspection program,
which shall include the periodic review and assessment of the agency’s
classified product;
(5) establishing procedures to prevent unnecessary access to classified
information, including procedures that:
(A) require that a need for access to classified information is
established before initiating administrative clearance procedures;
and
(B) ensure that the number of persons granted access to
classified information is limited to the minimum consistent with
operational and security requirements and needs;
(6) developing special contingency plans for the safeguarding of
classified information used in or near hostile or potentially hostile areas;
(7) ensuring that the performance contract or other system used to rate
civilian or military personnel performance includes the management of
classified information as a critical element or item to be evaluated in the
rating of:
(A) original classification authorities;
(B) security managers or security specialists; and
(C) all other personnel whose duties significantly involve the
creation or handling of classified information;

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(8) accounting for the costs associated with the implementation of this
order, which shall be reported to the Director of the Information Security
Oversight Office for publication; and
(9) assigning in a prompt manner agency personnel to respond to any
request, appeal, challenge, complaint, or suggestion arising out of this
order that pertains to classified information that originated in a
component of the agency that no longer exists and for which there is no
clear successor in function.
SEC. 5.5. SANCTIONS.
(a) If the Director of the Information Security Oversight Office finds that a
violation of this order or its implementing directives has occurred, the Director
shall make a report to the head of the agency or to the senior agency official so
that corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States Government, and its contractors,
licensees, certificate holders, and grantees shall be subject to appropriate
sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information properly classified
under this order or predecessor orders;
(2) classify or continue the classification of information in violation of
this order or any implementing directive;
(3) create or continue a special access program contrary to the
requirements of this order; or
(4) contravene any other provision of this order or its implementing
directives.
(c) Sanctions may include reprimand, suspension without pay, removal,
termination of classification authority, loss or denial of access to classified
information, or other sanctions in accordance with applicable law and agency
regulation.
(d) The agency head, senior agency official, or other supervisory official shall, at
a minimum, promptly remove the classification authority of any individual who
demonstrates reckless disregard or a pattern of error in applying the classification
standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when a violation or
infraction under paragraph (b) of this section occurs; and
(2) notify the Director of the Information Security Oversight Office when
a violation under paragraph (b)(1), (2), or (3) of this section occurs.

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PART 6—GENERAL PROVISIONS
SEC. 6.1. DEFINITIONS. For purposes of this order:
(a) “Access” means the ability or opportunity to gain knowledge of classified
information.
(b) “Agency” means any “Executive agency,” as defined in 5 U.S.C. §105; any
“Military department” as defined in 5 U.S.C. §102; and any other entity within
the executive branch that comes into the possession of classified information.
(c) “Automated information system” means an assembly of computer hardware,
software, or firmware configured to collect, create, communicate, compute,
disseminate, process, store, or control data or information.
(d) “Automatic declassification” means the declassification of information based
solely upon:
(1) the occurrence of a specific date or event as determined by the
original classification authority; or
(2) the expiration of a maximum time frame for duration of classification
established under this order.
(e) “Classification” means the act or process by which information is determined
to be classified information.
(f) “Classification guidance” means any instruction or source that prescribes the
classification of specific information.
(g) “Classification guide” means a documentary form of classification guidance
issued by an original classification authority that identifies the elements of
information regarding a specific subject that must be classified and establishes
the level and duration of classification for each such element.
(h) “Classified national security information” or “classified information” means
information that has been determined pursuant to this order or any predecessor
order to require protection against unauthorized disclosure and is marked to
indicate its classified status when in documentary form.
(i) “Confidential source” means any individual or organization that has provided,
or that may reasonably be expected to provide, information to the United States
on matters pertaining to the national security with the expectation that the
information or relationship, or both, are to be held in confidence.
(j) “Damage to the national security” means harm to the national defense or
foreign relations of the United States from the unauthorized disclosure of
information, taking into consideration such aspects of the information as the
sensitivity, value, utility, and provenance of that information.
(k) “Declassification” means the authorized change in the status of information
from classified information to unclassified information.
(l) “Declassification authority” means:
(1) the official who authorized the original classification, if that official
is still serving in the same position;
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(2) the originator’s current successor in function;
(3) a supervisory official of either; or
(4) officials delegated declassification authority in writing by the agency
head or the senior agency official.
(m) “Declassification guide” means written instructions issued by a
declassification authority that describes the elements of information regarding a
specific subject that may be declassified and the elements that must remain
classified.
(n) “Derivative classification” means the incorporating, paraphrasing, restating,
or generating in new form information that is already classified, and marking the
newly developed material consistent with the classification markings that apply
to the source information. Derivative classification includes the classification of
information based on classification guidance. The duplication or reproduction of
existing classified information is not derivative classification.
(o) “Document” means any recorded information, regardless of the nature of the
medium or the method or circumstances of recording.
(p) “Downgrading” means a determination by a declassification authority that
information classified and safeguarded at a specified level shall be classified and
safeguarded at a lower level.
(q) “File series” means file units or documents arranged according to a filing
system or kept together because they relate to a particular subject or function,
result from the same activity, document a specific kind of transaction, take a
particular physical form, or have some other relationship arising out of their
creation, receipt, or use, such as restrictions on access or use.
(r) “Foreign government information” means:
(1) information provided to the United States Government by a foreign
government or governments, an international organization of
governments, or any element thereof, with the expectation that the
information, the source of the information, or both, are to be held in
confidence;
(2) information produced by the United States Government pursuant to
or as a result of a joint arrangement with a foreign government or
governments, or an international organization of governments, or any
element thereof, requiring that the information, the arrangement, or both,
are to be held in confidence; or
(3) information received and treated as “foreign government
information” under the terms of a predecessor order.
(s) “Information” means any knowledge that can be communicated or
documentary material, regardless of its physical form or characteristics, that is
owned by, produced by or for, or is under the control of the United States
Government. “Control” means the authority of the agency that originates
information, or its successor in function, to regulate access to the information.
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(t) “Infraction” means any knowing, willful, or negligent action contrary to the
requirements of this order or its implementing directives that does not constitute
a “violation,” as defined below.
(u) “Integral file block” means a distinct component of a file series, as defined in
this section, that should be maintained as a separate unit in order to ensure the
integrity of the records. An integral file block may consist of a set of records
covering either a specific topic or a range of time such as presidential
administration or a 5-year retirement schedule within a specific file series that is
retired from active use as a group.
(v) “Integrity” means the state that exists when information is unchanged from its
source and has not been accidentally or intentionally modified, altered, or
destroyed.
(w) “Mandatory declassification review” means the review for declassification of
classified information in response to a request for declassification that meets the
requirements under section 3.5 of this order.
(x) “Multiple sources” means two or more source documents, classification
guides, or a combination of both.
(y) “National security” means the national defense or foreign relations of the
United States.
(z) “Need-to-know” means a determination made by an authorized holder of
classified information that a prospective recipient requires access to specific
classified information in order to perform or assist in a lawful and authorized
governmental function.
(aa) “Network” means a system of two or more computers that can exchange data
or information.
(bb) “Original classification” means an initial determination that information
requires, in the interest of the national security, protection against unauthorized
disclosure.
(cc) “Original classification authority” means an individual authorized in writing,
either by the President, the Vice President in the performance of executive duties,
or by agency heads or other officials designated by the President, to classify
information in the first instance.
(dd) “Records” means the records of an agency and Presidential papers or
Presidential records, as those terms are defined in title 44, United States Code,
including those created or maintained by a government contractor, licensee,
certificate holder, or grantee that are subject to the sponsoring agency’s control
under the terms of the contract, license, certificate, or grant.
(ee) “Records having permanent historical value” means Presidential papers or
Presidential records and the records of an agency that the Archivist has
determined should be maintained permanently in accordance with title 44, United
States Code.
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(ff) “Records management” means the planning, controlling, directing,
organizing, training, promoting, and other managerial activities involved with
respect to records creation, records maintenance and use, and records disposition
in order to achieve adequate and proper documentation of the policies and
transactions of the Federal Government and effective and economical
management of agency operations.
(gg) “Safeguarding” means measures and controls that are prescribed to protect
classified information.
(hh) “Self-inspection” means the internal review and evaluation of individual
agency activities and the agency as a whole with respect to the implementation of
the program established under this order and its implementing directives.
(ii) “Senior agency official” means the official designated by the agency head
under section 5.4(d) of this order to direct and administer the agency’s program
under which information is classified, safeguarded, and declassified.
(jj) “Source document” means an existing document that contains classified
information that is incorporated, paraphrased, restated, or generated in new form
into a new document.
(kk) “Special access program” means a program established for a specific class
of classified information that imposes safeguarding and access requirements that
exceed those normally required for information at the same classification level.
(ll) “Systematic declassification review” means the review for declassification of
classified information contained in records that have been determined by the
Archivist to have permanent historical value in accordance with title 44, United
States Code.
(mm) “Telecommunications” means the preparation, transmission, or
communication of information by electronic means.
(nn) “Unauthorized disclosure” means a communication or physical transfer of
classified information to an unauthorized recipient.
(oo) “Violation” means:
(1) any knowing, willful, or negligent action that could reasonably be
expected to result in an unauthorized disclosure of classified information;
(2) any knowing, willful, or negligent action to classify or continue the
classification of information contrary to the requirements of this order or
its implementing directives; or
(3) any knowing, willful, or negligent action to create or continue a
special access program contrary to the requirements of this order.
(pp) “Weapons of mass destruction” means chemical, biological,
radiological, and nuclear weapons.
SEC. 6.2. GENERAL PROVISIONS.
(a) Nothing in this order shall supersede any requirement made by or under the
Atomic Energy Act of 1954, as amended, or the National Security Act of 1947,
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as amended. “Restricted Data” and “Formerly Restricted Data” shall be handled,
protected, classified, downgraded, and declassified in conformity with the
provisions of the Atomic Energy Act of 1954, as amended, and regulations issued
under that Act.
(b) The Attorney General, upon request by the head of an agency or the Director
of the Information Security Oversight Office, shall render an interpretation of this
order with respect to any question arising in the course of its administration.
(c) Nothing in this order limits the protection afforded any information by other
provisions of law, including the Constitution, Freedom of Information Act
exemptions, the Privacy Act of 1974, and the National Security Act of 1947, as
amended. This order is not intended to and does not create any right or benefit,
substantive or procedural, enforceable at law by a party against the United States,
its departments, agencies, officers, employees, or agents. The foregoing is in
addition to the specific provisos set forth in sections 3.1(b) and 5.3(e) of this
order.
(d) Executive Order 12356 of April 6, 1982, was revoked as of October 14, 1995.
SEC. 6.3. EFFECTIVE DATE. This order is effective immediately, except for
section 1.6, which shall become effective 180 days from the date of this order.
-/S/-William J. Clinton
THE WHITE HOUSE,
April 17, 1995.

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EXECUTIVE ORDER 12968:
ACCESS TO CLASSIFIED INFORMATION
(Federal Register Vol. 60, No. 151 (August 7, 1995))

The national interest requires that certain information be maintained in confidence
through a system of classification in order to protect our citizens, our democratic
institutions, and our participation within the community of nations. The unauthorized
disclosure of information classified in the national interest can cause irreparable
damage to the national security and loss of human life.
Security policies designed to protect classified information must ensure consistent,
cost effective, and efficient protection of our Nation’s classified information, while
providing fair and equitable treatment to those Americans upon whom we rely to
guard our national security.
This order establishes a uniform Federal personnel security program for employees
who will be considered for initial or continued access to classified information.
NOW, THEREFORE, by the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as follows:
PART 1—DEFINITIONS, ACCESS TO CLASSIFIED INFORMATION,
FINANCIAL DISCLOSURE, AND OTHER ITEMS
SECTION 1.1. DEFINITIONS. For the purposes of this order:
(a) “Agency” means any “Executive agency,” as defined in 5 U.S.C. §105, the
“military departments,” as defined in 5 U.S.C. §102, and any other entity within the
executive branch that comes into the possession of classified information, including
the Defense Intelligence Agency, National Security Agency, and the National
Reconnaissance Office.
(b) “Applicant” means a person other than an employee who has received an
authorized conditional offer of employment for a position that requires access to
classified information.
(c) “Authorized investigative agency” means an agency authorized by law or
regulation to conduct a counterintelligence investigation or investigation of persons
who are proposed for access to classified information to ascertain whether such
persons satisfy the criteria for obtaining and retaining access to such information.
(d) “Classified information” means information that has been determined pursuant to
Executive Order No. 12958, or any successor order, Executive Order No. 12951, or
any successor order, or the Atomic Energy Act of 1954 (42 U.S.C. §2011), to require
protection against unauthorized disclosure.
(e) “Employee” means a person, other than the President and Vice President,
employed by, detailed or assigned to, an agency, including members of the Armed

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Forces; an expert or consultant to an agency; an industrial or commercial contractor,
licensee, certificate holder, or grantee of an agency, including all subcontractors; a
personal services contractor; or any other category of person who acts for or on
behalf of an agency as determined by the appropriate agency head.
(f) “Foreign power” and “agent of a foreign power” have the meaning provided in 50
U.S.C. §1801.
(g) “Need for access” means a determination that an employee requires access to a
particular level of classified information in order to perform or assist in a lawful and
authorized governmental function.
(h) “Need-to-know” means a determination made by an authorized holder of
classified information that a prospective recipient requires access to specific
classified information in order to perform or assist in a lawful and authorized
governmental function.
(i) “Overseas Security Policy Board” means the Board established by the President to
consider, develop, coordinate and promote policies, standards and agreements on
overseas security operations, programs and projects that affect all United States
Government agencies under the authority of a Chief of Mission.
(j) “Security Policy Board” means the Board established by the President to consider,
coordinate, and recommend policy directives for U.S. security policies, procedures,
and practices.
(k) “Special access program” has the meaning provided in section 4.1 of Executive
Order No. 12958, or any successor order.
SEC. 1.2. ACCESS TO CLASSIFIED INFORMATION.
(a) No employee shall be granted access to classified information unless that
employee has been determined to be eligible in accordance with this order and to
possess a need-to-know.
(b) Agency heads shall be responsible for establishing and maintaining an effective
program to ensure that access to classified information by each employee is clearly
consistent with the interests of the national security.
(c) Employees shall not be granted access to classified information unless they:
(1) have been determined to be eligible for access under section 3.1 of this
order by agency heads or designated officials based upon a favorable
adjudication of an appropriate investigation of the employee’s background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
(d) All employees shall be subject to investigation by an appropriate government
authority prior to being granted access to classified information and at any time
during the period of access to ascertain whether they continue to meet the
requirements for access.
(e)(1) All employees granted access to classified information shall be required as a
condition of such access to provide to the employing agency written consent
permitting access by an authorized investigative agency, for such time as access to
classified information is maintained and for a period of 3 years thereafter, to:

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(A) relevant financial records that are maintained by a financial
institution as defined in 31 U.S.C. §5312(a) or by a holding
company as defined in section 1101(6) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. §3401);
(B) consumer reports pertaining to the employee under the Fair
Credit Reporting Act (15 U.S.C. §1681a); and
(C) records maintained by commercial entities within the United
States pertaining to any travel by the employee outside the United
States.
(2) Information may be requested pursuant to employee consent under this
section where:
(A) there are reasonable grounds to believe, based on credible
information, that the employee or former employee is, or may be,
disclosing classified information in an unauthorized manner to a
foreign power or agent of a foreign power;
(B) information the employing agency deems credible indicates the
employee or former employee has incurred excessive indebtedness
or has acquired a level of affluence that cannot be explained by
other information; or
(C) circumstances indicate the employee or former employee had
the capability and opportunity to disclose classified information that
is known to have been lost or compromised to a foreign power or an
agent of a foreign power.
(3) Nothing in this section shall be construed to affect the authority of an
investigating agency to obtain information pursuant to the Right to Financial
Privacy Act, the Fair Credit Reporting Act or any other applicable law.
SEC. 1.3. FINANCIAL DISCLOSURE.
(a) Not later than 180 days after the effective date of this order, the head of each
agency that originates, handles, transmits, or possesses classified information shall
designate each employee, by position or category where possible, who has a regular
need for access to classified information that, in the discretion of the agency head,
would reveal:
(1) the identity of covert agents as defined in the Intelligence Identities
Protection Act of 1982 (50 U.S.C. §421);
(2) technical or specialized national intelligence collection and processing
systems that, if disclosed in an unauthorized manner, would substantially
negate or impair the effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or use of any code,
cipher, or cryptographic system or;
(B) the design, construction, functioning, maintenance, or repair of
any cryptographic equipment; but not including information
concerning the use of cryptographic equipment and services;

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(4) particularly sensitive special access programs, the disclosure of which
would substantially negate or impair the effectiveness of the information or
activity involved; or
(5) especially sensitive nuclear weapons design information (but only for
those positions that have been certified as being of a high degree of
importance or sensitivity, as described in section 145(f) of the Atomic
Energy Act of 1954, as amended).
(b) An employee may not be granted access, or hold a position designated as
requiring access, to information described in subsection (a) unless, as a condition of
access to such information, the employee:
(1) files with the head of the agency a financial disclosure report, including
information with respect to the spouse and dependent children of the
employee, as part of all background investigations or reinvestigations;
(2) is subject to annual financial disclosure requirements, if selected by the
agency head; and
(3) files relevant information concerning foreign travel, as determined by the
Security Policy Board.
(c) Not later than 180 days after the effective date of this order, the Security Policy
Board shall develop procedures for the implementation of this section, including a
standard financial disclosure form for use by employees under subsection (b) of this
section, and agency heads shall identify certain employees, by position or category,
who are subject to annual financial disclosure.
SEC. 1.4. USE OF AUTOMATED FINANCIAL RECORD DATA BASES. As part of all
investigations and reinvestigations described in section 1.2(d) of this order, agencies
may request the Department of the Treasury, under terms and conditions prescribed
by the Secretary of the Treasury, to search automated data bases consisting of reports
of currency transactions by financial institutions, international transportation of
currency or monetary instruments, foreign bank and financial accounts, transactions
under $10,000 that are reported as possible money laundering violations, and records
of foreign travel.
SEC. 1.5. EMPLOYEE EDUCATION AND ASSISTANCE. The head of each agency that
grants access to classified information shall establish a program for employees with
access to classified information to:
(a) educate employees about individual responsibilities under this order; and
(b) inform employees about guidance and assistance available concerning issues that
may affect their eligibility for access to classified information, including sources of
assistance for employees who have questions or concerns about financial matters,
mental health, or substance abuse.

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PART 2—ACCESS ELIGIBILITY POLICY AND PROCEDURE
SEC. 2.1. ELIGIBILITY DETERMINATIONS.
(a) Determinations of eligibility for access to classified information shall be based on
criteria established under this order. Such determinations are separate from suitability
determinations with respect to the hiring or retention of persons for employment by
the government or any other personnel actions.
(b) The number of employees that each agency determines are eligible for access to
classified information shall be kept to the minimum required for the conduct of
agency functions.
(1) Eligibility for access to classified information shall not be requested or
granted solely to permit entry to, or ease of movement within, controlled
areas when the employee has no need for access and access to classified
information may reasonably be prevented. Where circumstances indicate
employees may be inadvertently exposed to classified information in the
course of their duties, agencies are authorized to grant or deny, in their
discretion, facility access approvals to such employees based on an
appropriate level of investigation as determined by each agency.
(2) Except in agencies where eligibility for access is a mandatory condition
of employment, eligibility for access to classified information shall only be
requested or granted based on a demonstrated, foreseeable need for access.
Requesting or approving eligibility in excess of actual requirements is
prohibited.
(3) Eligibility for access to classified information may be granted where
there is a temporary need for access, such as one-time participation in a
classified project, provided the investigative standards established under this
order have been satisfied. In such cases, a fixed date or event for expiration
shall be identified and access to classified information shall be limited to
information related to the particular project or assignment.
(4) Access to classified information shall be terminated when an employee
no longer has a need for access.
SEC. 2.2. LEVEL OF ACCESS APPROVAL.
(a) The level at which an access approval is granted for an employee shall be limited,
and relate directly, to the level of classified information for which there is a need for
access. Eligibility for access to a higher level of classified information includes
eligibility for access to information classified at a lower level.
(b) Access to classified information relating to a special access program shall be
granted in accordance with procedures established by the head of the agency that
created the program or, for programs pertaining to intelligence activities (including
special activities but not including military operational, strategic, and tactical
programs) or intelligence sources and methods, by the Director of Central
Intelligence. To the extent possible and consistent with the national security interests

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of the United States, such procedures shall be consistent with the standards and
procedures established by and under this order.
SEC. 2.3 TEMPORARY ACCESS TO HIGHER LEVELS.
(a) An employee who has been determined to be eligible for access to classified
information based on favorable adjudication of a completed investigation may be
granted temporary access to a higher level where security personnel authorized by
the agency head to make access eligibility determinations find that such access:
(1) is necessary to meet operational or contractual exigencies not expected to
be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable information that is made the subject of
a written access record.
(b) Where the access granted under subsection (a) of this section involves another
agency’s classified information, that agency must concur before access to its
information is granted.
SEC. 2.4. RECIPROCAL ACCEPTANCE OF ACCESS ELIGIBILITY DETERMINATIONS.
(a) Except when an agency has substantial information indicating that an employee
may not satisfy the standards in section 3.1 of this order, background investigations
and eligibility determinations conducted under this order shall be mutually and
reciprocally accepted by all agencies.
(b) Except where there is substantial information indicating that the employee may
not satisfy the standards in section 3.1 of this order, an employee with existing access
to a special access program shall not be denied eligibility for access to another
special access program at the same sensitivity level as determined personally by the
agency head or deputy agency head, or have an existing access eligibility
readjudicated, so long as the employee has a need for access to the information
involved.
(c) This section shall not preclude agency heads from establishing additional, but not
duplicative, investigative or adjudicative procedures for a special access program or
for candidates for detail or assignment to their agencies, where such procedures are
required in exceptional circumstances to protect the national security.
(d) Where temporary eligibility for access is granted under sections 2.3 or 3.3 of this
order or where the determination of eligibility for access is conditional, the fact of
such temporary or conditional access shall be conveyed to any other agency that
considers affording the employee access to its information.
SEC. 2.5. SPECIFIC ACCESS REQUIREMENT.
(a) Employees who have been determined to be eligible for access to classified
information shall be given access to classified information only where there is a
need-to-know that information.
(b) It is the responsibility of employees who are authorized holders of classified
information to verify that a prospective recipient’s eligibility for access has been

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granted by an authorized agency official and to ensure that a need-to-know exists
prior to allowing such access, and to challenge requests for access that do not appear
well-founded.
SEC. 2.6. ACCESS BY NON-UNITED STATES CITIZENS.
(a) Where there are compelling reasons in furtherance of an agency mission,
immigrant alien and foreign national employees who possess a special expertise may,
in the discretion of the agency, be granted limited access to classified information
only for specific programs, projects, contracts, licenses, certificates, or grants for
which there is a need for access. Such individuals shall not be eligible for access to
any greater level of classified information than the United States Government has
determined may be releasable to the country of which the subject is currently a
citizen, and such limited access may be approved only if the prior 10 years of the
subject’s life can be appropriately investigated. If there are any doubts concerning
granting access, additional lawful investigative procedures shall be fully pursued.
(b) Exceptions to these requirements may be permitted only by the agency head or
the senior agency official designated under section 6.1 of this order to further
substantial national security interests.
PART 3—ACCESS ELIGIBILITY STANDARDS
SEC. 3.1. STANDARDS.
(a) No employee shall be deemed to be eligible for access to classified information
merely by reason of Federal service or contracting, licensee, certificate holder, or
grantee status, or as a matter of right or privilege, or as a result of any particular title,
rank, position, or affiliation.
(b) Except as provided in sections 2.6 and 3.3 of this order, eligibility for access to
classified information shall be granted only to employees who are United States
citizens for whom an appropriate investigation has been completed and whose
personal and professional history affirmatively indicates loyalty to the United States,
strength of character, trustworthiness, honesty, reliability, discretion, and sound
judgment, as well as freedom from conflicting allegiances and potential for coercion,
and willingness and ability to abide by regulations governing the use, handling, and
protection of classified information. A determination of eligibility for access to such
information is a discretionary security decision based on judgments by appropriately
trained adjudicative personnel. Eligibility shall be granted only where facts and
circumstances indicate access to classified information is clearly consistent with the
national security interests of the United States, and any doubt shall be resolved in
favor of the national security.
(c) The United States Government does not discriminate on the basis of race, color,
religion, sex, national origin, disability, or sexual orientation in granting access to
classified information.
(d) In determining eligibility for access under this order, agencies may investigate
and consider any matter that relates to the determination of whether access is clearly

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consistent with the interests of national security. No inference concerning the
standards in this section may be raised solely on the basis of the sexual orientation of
the employee.
(e) No negative inference concerning the standards in this section may be raised
solely on the basis of mental health counseling. Such counseling can be a positive
factor in eligibility determinations. However, mental health counseling, where
relevant to the adjudication of access to classified information, may justify further
inquiry to determine whether the standards of subsection (b) of this section are
satisfied, and mental health may be considered where it directly relates to those
standards.
(f) Not later than 180 days after the effective date of this order, the Security Policy
Board shall develop a common set of adjudicative guidelines for determining
eligibility for access to classified information, including access to special access
programs.
SEC. 3.2. BASIS FOR ELIGIBILITY APPROVAL.
(a) Eligibility determinations for access to classified information shall be based on
information concerning the applicant or employee that is acquired through the
investigation conducted pursuant to this order or otherwise available to security
officials and shall be made part of the applicant’s or employee’s security record.
Applicants or employees shall be required to provide relevant information pertaining
to their background and character for use in investigating and adjudicating their
eligibility for access.
(b) Not later than 180 days after the effective date of this order, the Security Policy
Board shall develop a common set of investigative standards for background
investigations for access to classified information. These standards may vary for the
various levels of access.
(c) Nothing in this order shall prohibit an agency from utilizing any lawful
investigative procedure in addition to the investigative requirements set forth in this
order and its implementing regulations to resolve issues that may arise during the
course of a background investigation or reinvestigation.
SEC. 3.3. SPECIAL CIRCUMSTANCES.
(a) In exceptional circumstances where official functions must be performed prior to
the completion of the investigative and adjudication process, temporary eligibility for
access to classified information may be granted to an employee while the initial
investigation is underway. When such eligibility is granted, the initial investigation
shall be expedited.
(1) Temporary eligibility for access under this section shall include a
justification, and the employee must be notified in writing that further access
is expressly conditioned on the favorable completion of the investigation and
issuance of an access eligibility approval. Access will be immediately
terminated, along with any assignment requiring an access eligibility
approval, if such approval is not granted.

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(2) Temporary eligibility for access may be granted only by security
personnel authorized by the agency head to make access eligibility
determinations and shall be based on minimum investigative standards
developed by the Security Policy Board not later than 180 days after the
effective date of this order.
(3) Temporary eligibility for access may be granted only to particular,
identified categories of classified information necessary to perform the
lawful and authorized functions that are the basis for the granting of
temporary access.
(b) Nothing in subsection (a) shall be construed as altering the authority of an agency
head to waive requirements for granting access to classified information pursuant to
statutory authority.
(c) Where access has been terminated under section 2.1(b)(4) of this order and a new
need for access arises, access eligibility up to the same level shall be reapproved
without further investigation as to employees who were determined to be eligible
based on a favorable adjudication of an investigation completed within the prior 5
years, provided they have remained employed by the same employer during the
period in question, the employee certifies in writing that there has been no change in
the relevant information provided by the employee for the last background
investigation, and there is no information that would tend to indicate the employee
may no longer satisfy the standards established by this order for access to classified
information.
(d) Access eligibility shall be reapproved for individuals who were determined to be
eligible based on a favorable adjudication of an investigation completed within the
prior 5 years and who have been retired or otherwise separated from United States
Government employment for not more than 2 years; provided there is no indication
the individual may no longer satisfy the standards of this order, the individual
certifies in writing that there has been no change in the relevant information provided
by the individual for the last background investigation, and an appropriate record
check reveals no unfavorable information.
SEC. 3.4. REINVESTIGATION REQUIREMENTS.
(a) Because circumstances and characteristics may change dramatically over time
and thereby alter the eligibility of employees for continued access to classified
information, reinvestigations shall be conducted with the same priority and care as
initial investigations.
(b) Employees who are eligible for access to classified information shall be the
subject of periodic reinvestigations and may also be reinvestigated if, at any time,
there is reason to believe that they may no longer meet the standards for access
established in this order.
(c) Not later than 180 days after the effective date of this order, the Security Policy
Board shall develop a common set of reinvestigative standards, including the
frequency of reinvestigations.

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PART 4—INVESTIGATIONS FOR FOREIGN GOVERNMENTS
SEC. 4. AUTHORITY.
Agencies that conduct background investigations, including the Federal Bureau of
Investigation and the Department of State, are authorized to conduct personnel
security investigations in the United States when requested by a foreign government
as part of its own personnel security program and with the consent of the individual.
PART 5—REVIEW OF ACCESS DETERMINATIONS
SEC. 5.1. DETERMINATIONS OF NEED FOR ACCESS.
A determination under section 2.1(b)(4) of this order that an employee does not have,
or no longer has, a need for access is a discretionary determination and shall be
conclusive.
SEC. 5.2. Review Proceedings for Denials or Revocations of Eligibility for Access.
(a) Applicants and employees who are determined to not meet the standards for
access to classified information established in section 3.1 of this order shall be:
(1) provided as comprehensive and detailed a written explanation of the
basis for that conclusion as the national security interests of the United
States and other applicable law permit;
(2) provided within 30 days, upon request and to the extent the documents
would be provided if requested under the Freedom of Information Act (5
U.S.C. §552) or the Privacy Act (3 U.S.C. §552a), as applicable, any
documents, records, and reports upon which a denial or revocation is based;
(3) informed of their right to be represented by counsel or other
representative at their own expense; to request any documents, records, and
reports as described in section 5.2(a)(2) upon which a denial or revocation is
based; and to request the entire investigative file, as permitted by the
national security and other applicable law, which, if requested, shall be
promptly provided prior to the time set for a written reply;
(4) provided a reasonable opportunity to reply in writing to, and to request a
review of, the determination;
(5) provided written notice of and reasons for the results of the review, the
identity of the deciding authority, and written notice of the right to appeal;
(6) provided an opportunity to appeal in writing to a high level panel,
appointed by the agency head, which shall be comprised of at least three
members, two of whom shall be selected from outside the security field.
Decisions of the panel shall be in writing, and final except as provided
in subsection (b) of this section; and
(7) provided an opportunity to appear personally and to present relevant
documents, materials, and information at some point in the process before an

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adjudicative or other authority, other than the investigating entity, as
determined by the agency head. A written summary or recording of such
appearance shall be made part of the applicant’s or employee’s security
record, unless such appearance occurs in the presence of the appeals panel
described in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an agency head from personally exercising
the appeal authority in subsection (a)(6) of this section based upon recommendations
from an appeals panel. In such case, the decision of the agency head shall be final.
(c) Agency heads shall promulgate regulations to implement this section and, at their
sole discretion and as resources and national security considerations permit, may
provide additional review proceedings beyond those required by subsection (a) of
this section. This section does not require additional proceedings, however, and
creates no procedural or substantive rights.
(d) When the head of an agency or principal deputy personally certifies that a
procedure set forth in this section cannot be made available in a particular case
without damaging the national security interests of the United States by revealing
classified information, the particular procedure shall not be made available. This
certification shall be conclusive.
(e) This section shall not be deemed to limit or affect the responsibility and power of
an agency head pursuant to any law or other Executive order to deny or terminate
access to classified information in the interests of national security. The power and
responsibility to deny or terminate access to classified information pursuant to any
law or other Executive order may be exercised only where the agency head
determines that the procedures prescribed in subsection (a) of this section cannot be
invoked in a manner that is consistent with national security. This determination shall
be conclusive.
(f)(1) This section shall not be deemed to limit or affect the responsibility and power
of an agency head to make determinations of suitability for employment.
(2) Nothing in this section shall require that an agency provide the
procedures prescribed in subsection (a) of this section to an applicant where
a conditional offer of employment is withdrawn for reasons of suitability or
any other reason other than denial of eligibility for access to classified
information.
(3) A suitability determination shall not be used for the purpose of denying
an applicant or employee the review proceedings of this section where there
has been a denial or revocation of eligibility for access to classified
information.
PART 6—IMPLEMENTATION
SEC. 6.1. AGENCY IMPLEMENTING RESPONSIBILITIES. Heads of agencies that grant
employees access to classified information shall:
(a) designate a senior agency official to direct and administer the agency’s personnel
security program established by this order. All such programs shall include active

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oversight and continuing security education and awareness programs to ensure
effective implementation of this order;
(b) cooperate, under the guidance of the Security Policy Board, with other agencies
to achieve practical, consistent, and effective adjudicative training and guidelines;
and
(c) conduct periodic evaluations of the agency’s implementation and administration
of this order, including the implementation of section 1.3(a) of this order. Copies of
each report shall be provided to the Security Policy Board.
SEC. 6.2. EMPLOYEE RESPONSIBILITIES.
(a) Employees who are granted eligibility for access to classified information shall:
(1) protect classified information in their custody from unauthorized
disclosure;
(2) report all contacts with persons, including foreign nationals, who seek in
any way to obtain unauthorized access to classified information;
(3) report all violations of security regulations to the appropriate security
officials; and
(4) comply with all other security requirements set forth in this order and its
implementing regulations.
(b) Employees are encouraged and expected to report any information that raises
doubts as to whether another employee’s continued eligibility for access to classified
information is clearly consistent with the national security.
SEC. 6.3. SECURITY POLICY BOARD RESPONSIBILITIES AND IMPLEMENTATION.
(a) With respect to actions taken by the Security Policy Board pursuant to sections
1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Security Policy Board
shall make recommendations to the President through the Assistant to the President
for National Security Affairs for implementation.
(b) Any guidelines, standards, or procedures developed by the Security Policy Board
pursuant to this order shall be consistent with those guidelines issued by the Federal
Bureau of Investigation in March 1994 on Background Investigations
Policy/Guidelines Regarding Sexual Orientation.
(c) In carrying out its responsibilities under this order, the Security Policy Board
shall consult where appropriate with the Overseas Security Policy Board. In carrying
out its responsibilities under section 1.3(c) of this order, the Security Policy Board
shall obtain the concurrence of the Director of the Office of Management and
Budget.
SEC. 6.4. SANCTIONS. Employees shall be subject to appropriate sanctions if they
knowingly and willfully grant eligibility for, or allow access to, classified
information in violation of this order or its implementing regulations. Sanctions may
include reprimand, suspension without pay, removal, and other actions in accordance
with applicable law and agency regulations.

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PART 7—GENERAL PROVISIONS
SEC. 7.1. CLASSIFIED INFORMATION PROCEDURES ACT. Nothing in this order is
intended to alter the procedures established under the Classified Information
Procedures Act (18 U.S.C. App. §1).
SEC. 7.2. GENERAL.
(a) Information obtained by an agency under sections 1.2(e) or 1.3 of this order may
not be disseminated outside the agency, except to:
(1) the agency employing the employee who is the subject of the records or
information;
(2) the Department of Justice for law enforcement or counterintelligence
purposes; or
(3) any agency if such information is clearly relevant to the authorized
responsibilities of such agency.
(b) The Attorney General, at the request of the head of an agency, shall render an
interpretation of this order with respect to any question arising in the course of its
administration.
(c) No prior Executive orders are repealed by this order. To the extent that this order
is inconsistent with any provision of any prior Executive order, this order shall
control, except that this order shall not diminish or otherwise affect the requirements
of Executive Order No. 10450, the denial and revocation procedures provided to
individuals covered by Executive Order No. 10865, as amended, or access by
historical researchers and former presidential appointees under Executive Order No.
12958 or any successor order.
(d) If any provision of this order or the application of such provision is held to be
invalid, the remainder of this order shall not be affected.
(e) This Executive order is intended only to improve the internal management of the
executive branch and is not intended to, and does not, create any right to
administrative or judicial review, or any other right or benefit or trust responsibility,
substantive or procedural, enforceable by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other person.
(f) This order is effective immediately.
-/S/-William J. Clinton
THE WHITE HOUSE,
August 2, 1995.

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EXECUTIVE ORDER 13354:
NATIONAL COUNTERTERRORISM CENTER
(Federal Register Vol. 69, No. 169 (September 1, 2004))

By the authority vested in me as President by the Constitution and laws of the
United States of America, including section 103(c)(8) of the National Security
Act of 1947, as amended (Act), and to protect the security of the United States
through strengthened intelligence analysis and strategic planning and intelligence
support to operations to counter transnational terrorist threats against the
territory, people, and interests of the United States of America, it is hereby
ordered as follows:
SECTION 1. POLICY.
(a) To the maximum extent consistent with applicable law, agencies shall give
the highest priority to
(1) the detection, prevention, disruption, preemption, and mitigation of
the effects of transnational terrorist activities against the territory, people,
and interests of the United States of America,
(2) the interchange of terrorism information among agencies,
(3) the interchange of terrorism information between agencies and
appropriate authorities of States and local governments, and
(4) the protection of the ability of agencies to acquire additional such
information.
(b) Agencies shall protect the freedom, information privacy, and other legal
rights of Americans in the conduct of activities implementing section 1(a) of this
order.
SEC. 2. ESTABLISHMENT OF NATIONAL COUNTERTERRORISM CENTER.
(a) There is hereby established a National Counterterrorism Center (Center).
(b) A Director of the Center shall supervise the Center.
(c) The Director of the Center shall be appointed by the Director of Central
Intelligence with the approval of the President.
(d) The Director of Central Intelligence shall have authority, direction, and
control over the Center and the Director of the Center.
SEC. 3. FUNCTIONS OF THE CENTER. The Center shall have the following
functions:
(a) serve as the primary organization in the United States Government for
analyzing and integrating all intelligence possessed or acquired by the United
States Government pertaining to terrorism and counterterrorism, excepting purely
domestic counterterrorism information. The Center may, consistent with
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applicable law, receive, retain, and disseminate information from any Federal,
State, or local government, or other source necessary to fulfill its responsibilities
concerning the policy set forth in section 1 of this order; and agencies authorized
to conduct counterterrorism activities may query Center data for any information
to assist in their respective responsibilities;
(b) 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;
(c) assign operational responsibilities to lead agencies for counterterrorism
activities that are consistent with applicable law and that support strategic plans
to counter terrorism. The Center shall ensure that agencies have access to and
receive intelligence needed to accomplish their assigned activities. The Center
shall not direct the execution of operations. Agencies shall inform the National
Security Council and the Homeland Security Council of any objections to
designations and assignments made by the Center in the planning and
coordination of counterterrorism activities;
(d) serve as the central and shared knowledge bank on known and suspected
terrorists and international terror groups, as well as their goals, strategies,
capabilities, and networks of contacts and support; and
(e) ensure that agencies, as appropriate, have access to and receive all-source
intelligence support needed to execute their counterterrorism plans or perform
independent, alternative analysis.
SEC. 4. DUTIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE. The Director of
Central Intelligence shall:
(a) exercise the authority available by law to the Director of Central Intelligence
to implement this order, including, as appropriate, the authority set forth in
section 102(e)(2)(H) of the Act;
(b) report to the President on the implementation of this order, within 120 days
after the date of this order and thereafter not less often than annually, including
an assessment by the Director of Central Intelligence of:
(1) the effectiveness of the United States in implementing the policy set
forth in section 1 of this order, to the extent execution of that policy is
within the responsibilities of the Director of Central Intelligence;
(2) the effectiveness of the Center in the implementation of the policy set
forth in section 1 of this order, to the extent execution of that policy is
within the responsibilities of the Director of Central Intelligence; and
(3) the cooperation of the heads of agencies in the implementation of this
order; and
(c) ensure the performance of all-source intelligence analysis that, among other
qualities, routinely considers and presents alternative analytical views to the
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President, the Vice President in the performance of executive functions, and
other officials of the executive branch as appropriate.
SEC. 5. DUTIES OF THE DIRECTOR OF THE CENTER. In implementing the policy
set forth in section 1 of this order and ensuring that the Center effectively
performs the functions set forth in section 3 of this order, the Director of the
Center shall:
(a) access, as deemed necessary by the Director of the Center for the performance
of the Center’s functions, information to which the Director of the Center is
granted access by section 6 of this order;
(b) correlate, analyze, evaluate, integrate, and produce reports on terrorism
information;
(c) disseminate transnational terrorism information, including current terrorism
threat analysis, to the President, the Vice President in the performance of
Executive functions, the Secretaries of State, Defense, and Homeland Security,
the Attorney General, the Director of Central Intelligence, and other officials of
the executive branch as appropriate;
(d) support the Department of Homeland Security, and the Department of Justice,
and other appropriate agencies, in fulfillment of their responsibility to
disseminate terrorism information, consistent with applicable law, Executive
Orders and other Presidential guidance, to State and local government officials,
and other entities, and coordinate dissemination of terrorism information to
foreign governments when approved by the Director of Central Intelligence;
(e) establish both within the Center, and between the Center and agencies,
information systems and architectures for the effective access to and integration,
dissemination, and use of terrorism information from whatever sources derived;
(f) undertake, as soon as the Director of Central Intelligence determines it to be
practicable, all functions assigned to the Terrorist Threat Integration Center;
(g) consistent with priorities approved by the President, assist the Director of
Central Intelligence in establishing requirements for the Intelligence Community
for the collection of terrorism information, to include ensuring military force
protection requirements are met;
(h) under the direction of the Director of Central Intelligence, and in consultation
with heads of agencies with organizations in the Intelligence Community,
identify, coordinate, and prioritize counterterrorism intelligence requirements for
the Intelligence Community; and
(i) identify, together with relevant agencies, specific counterterrorism planning
efforts to be initiated or accelerated to protect the national security.
SEC. 6. DUTIES OF THE HEADS OF AGENCIES.
(a) To implement the policy set forth in section 1 of this order:
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(1) the head of each agency that possesses or acquires terrorism
information:
(A) shall promptly give access to such information to the
Director of the Center, unless prohibited by law (such as section
103(c)(7) of the Act or Executive Order 12958, as amended) or
otherwise directed by the President;
(B) shall cooperate in and facilitate the production of reports
based on terrorism information with contents and formats that
permit dissemination that maximizes the utility of the
information in protecting the territory, people, and interests of
the United States; and
(C) shall cooperate with the Director of Central Intelligence in
the preparation of the report to the President required by section
4 of this order; and
(2) the head of each agency that conducts diplomatic, financial, military,
homeland security, intelligence, or law enforcement activities relating to
counterterrorism shall keep the Director of the Center fully and currently
informed of such activities, unless prohibited by law (such as section
103(c)(7) of the Act or Executive Order 12958, as amended) or otherwise
directed by the President.
(b) The head of each agency shall, consistent with applicable law, make available
to the Director of the Center such personnel, funding, and other resources as the
Director of Central Intelligence, after consultation with the head of the agency
and with the approval of the Director of the Office of Management and Budget,
may request. In order to ensure maximum information sharing consistent with
applicable law, each agency representative to the Center, unless otherwise
specified by the Director of Central Intelligence, shall operate under the
authorities of the representative’s agency.
SEC. 7. DEFINITIONS. As used in this order:
(a) the term “agency” has the meaning set forth for the term “executive agency”
in section 105 of title 5, United States Code, together with the Department of
Homeland Security, but includes the Postal Rate Commission and the United
States Postal Service and excludes the Government Accountability Office;
(b) the term “Intelligence Community” has the meaning set forth for that term in
section 3.4(f) of Executive Order 12333 of December 4, 1981, as amended;
(c) the terms “local government”, “State”, and, when used in a geographical
sense, “United States” have the meanings set forth for those terms in section 2 of
the Homeland Security Act of 2002 (6 U.S.C. §101); and
(d) the term “terrorism information” means all information, whether collected,
produced, or distributed by intelligence, law enforcement, military, homeland
security, or other United States Government activities, relating to
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(1) the existence, organization, capabilities, plans, intentions,
vulnerabilities, means of finance or material support, or activities of
foreign or international terrorist groups or individuals, or of domestic
groups or individuals involved in transnational terrorism;
(2) threats posed by such groups or individuals to the United States,
United States persons, or United States interests, or to those of other
nations;
(3) communications of or by such groups or individuals; or
(4) information relating to groups or individuals reasonably believed to
be assisting or associated with such groups or individuals.
SEC. 8. GENERAL PROVISIONS.
(a) This order:
(1) shall be implemented in a manner consistent with applicable law,
including Federal law protecting the information privacy and other legal
rights of Americans, and subject to the availability of appropriations;
(2) shall be implemented in a manner consistent with the authority of the
principal officers of agencies as heads of their respective agencies,
including under section 199 of the Revised Statutes (22 U.S.C. §2651),
section 201 of the Department of Energy Reorganization Act (42 U.S.C.
§7131), section 102(a) of the Homeland Security Act of 2002 (6 U.S.C.
§112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of
title 28, and 301(b) of title 31, United
States Code; and
(3) shall not be construed to impair or otherwise affect the functions of
the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals.
(b) This order and amendments made by this order are intended only to improve
the internal management of the Federal Government and are not intended to, and
do not, create any rights or benefits, substantive or procedural, enforceable at law
or in equity by a party against the United States, its departments, agencies,
instrumentalities, or entities, its officers, employees, or agents, or any other
person.
-/S/-George W. Bush
THE WHITE HOUSE,
August 27, 2004.

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EXECUTIVE ORDER 13355:
STRENGTHENED MANAGEMENT OF
THE INTELLIGENCE COMMUNITY
(Federal Register Vol. 69, No. 169 (September 1, 2004))

By the authority vested in me as President by the Constitution and laws of the
United States of America, including section 103(c)(8) of the National Security
Act of 1947, as amended (Act), and in order to further strengthen the effective
conduct of United States intelligence activities and protect the territory, people,
and interests of the United States of America, including against terrorist attacks,
it is hereby ordered as follows:
SECTION 1. STRENGTHENING THE AUTHORITY OF THE DIRECTOR OF CENTRAL
INTELLIGENCE. The Director of Central Intelligence (Director) shall perform the
functions set forth in this order to ensure an enhanced joint, unified national
intelligence effort to protect the national security of the United States. Such
functions shall be in addition to those assigned to the Director by law, Executive
Order, or Presidential directive.
SEC. 2. STRENGTHENED ROLE IN NATIONAL INTELLIGENCE. Executive Order
12333 of December 4, 1981, as amended, is further amended as follows: (a)
Subsection 1.5(a) is amended to read:
“(a)(1) Act as the principal adviser to the President for intelligence matters
related to the national security;
“(2) Act as the principal adviser to the National Security Council and
Homeland Security Council for intelligence matters related to the
national security; and
(b) Subsection 1.5(b) is amended to read:
“(b)(1) Develop such objectives and guidance for the Intelligence Community
necessary, in the Director’s judgment, to ensure timely and effective collection,
processing, analysis, and dissemination of intelligence, of whatever nature and
from whatever source derived, concerning current and potential threats to the
security of the United States and its interests, and to ensure that the National
Foreign Intelligence Program (NFIP) is structured adequately to achieve these
requirements; and
“(2) Working with the Intelligence Community, ensure that United States
intelligence collection activities are integrated in: (i) collecting against
enduring and emerging national security intelligence issues; (ii)
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maximizing the value to the national security; and (iii) ensuring that all
collected data is available to the maximum extent practicable for
integration, analysis, and dissemination to those who can act on, add
value to, or otherwise apply it to mission needs.”
(c) Subsection 1.5(g) is amended to read:
“(g)(1) Establish common security and access standards for managing and
handling intelligence systems, information, and products, with special emphasis
on facilitating:
“(A) the fullest and most prompt sharing of information
practicable, assigning the highest priority to detecting,
preventing, preempting, and disrupting terrorist threats against
our homeland, our people, our allies, and our interests; and
“(B) the establishment of interface standards for an interoperable
information sharing enterprise that facilitates the automated
sharing of intelligence information among agencies within the
Intelligence Community.
“(2) (A) Establish, operate, and direct national centers with respect to
matters determined by the President for purposes of this subparagraph to
be of the highest national security priority, with the functions of analysis
and planning (including planning for diplomatic, financial, military,
intelligence, homeland security, and law enforcement activities, and
integration of such activities among departments and agencies) relating
to such matters.
“(B) The countering of terrorism within the United States, or
against citizens of the United States, our allies, and our interests
abroad, is hereby determined to be a matter of the highest
national security priority for purposes of subparagraph (2)(A) of
this subsection.”
“(3) Ensure that appropriate agencies and departments have access to and
receive all-source intelligence support needed to perform independent,
alternative analysis.”
(d) Subsection 1.5(m) is amended to read:
“(m)(1) Establish policies, procedures, and mechanisms that translate intelligence
objectives and priorities approved by the President into specific guidance for the
Intelligence Community.
“(2) In accordance with objectives and priorities approved by the
President, establish collection requirements for the Intelligence
Community, determine collection priorities, manage collection tasking,
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and resolve conflicts in the tasking of national collection assets (except
when otherwise directed by the President or when the Secretary of
Defense exercises collection tasking authority under plans and
arrangements approved by the Secretary of Defense and the Director) of
the Intelligence Community.”
“(3) Provide advisory tasking concerning collection of intelligence
information to elements of the United States Government that have
information collection capabilities and are not organizations within the
Intelligence Community.
“(4) The responsibilities in subsections 1.5(m)(2) and (3) apply, to the
maximum extent consistent with applicable law, whether information is
to be collected inside or outside the United States.”
(e) Subsection 1.6(a) is amended to read:
“(a) The heads of all departments and agencies shall:
“(1) Unless the Director provides otherwise, give the Director access to
all foreign intelligence, counterintelligence, and national intelligence, as
defined in the Act, that is relevant to transnational terrorist threats and
weapons of mass destruction proliferation threats, including such
relevant intelligence derived from activities of the FBI, DHS, and any
other department or agency, and all other information that is related to
the national security or that otherwise is required for the performance of
the Director’s duties, except such information that is prohibited by law,
by the President, or by the Attorney General acting under this order at the
direction of the President from being provided to the Director. The
Attorney General shall agree to procedures with the Director pursuant to
section 3(5)(B) of the Act no later than 90 days after the issuance of this
order that ensure the Director receives all such information;
“(2) support the Director in developing the NFIP;
“(3) ensure that any intelligence and operational systems and
architectures of their departments and agencies are consistent with
national intelligence requirements set by the Director and all applicable
information sharing and security guidelines, and information privacy
requirements; and
“(4) provide, to the extent permitted by law, subject to the availability of
appropriations, and not inconsistent with the mission of the department
or agency, such further support to the Director as the Director may
request, after consultation with the head of the department or agency, for
the performance of the Director’s functions.”

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SEC. 3. STRENGTHENED CONTROL OF INTELLIGENCE FUNDING. Executive Order
12333 is further amended as follows:
(a) Subsections 1.5(n), (o), and (p) are amended to read as follows:
“(n)(1) Develop, determine, and present with the advice of the heads of
departments or agencies that have an organization within the Intelligence
Community, the annual consolidated NFIP budget. The Director shall be
responsible for developing an integrated and balanced national intelligence
program that is directly responsive to the national security threats facing the
United States. The Director shall submit such budget (accompanied by dissenting
views, if any, of the head of a department or agency that has an organization
within the Intelligence Community) to the President for approval; and
“(2) Participate in the development by the Secretary of Defense of the
annual budgets for the Joint Military Intelligence Program (JMIP) and
the Tactical Intelligence and Related Activities (TIARA) Program.
“(o)(1) Transfer, consistent with applicable law and with the approval of the
Director of the Office of Management and Budget, funds from an appropriation
for the NFIP to another appropriation for the NFIP or to another NFIP
component;
“(2) Review, and approve or disapprove, consistent with applicable law,
any proposal to: (i) reprogram funds within an appropriation for the
NFIP; (ii) transfer funds from an appropriation for the NFIP to an
appropriation that is not for the NFIP within the Intelligence Community;
or (iii) transfer funds from an appropriation that is not for the NFIP
within the Intelligence Community to an appropriation for the NFIP; and
“(3) Monitor and consult with the Secretary of Defense on
reprogrammings or transfers of funds within, into, or out of,
appropriations for the JMIP and the TIARA Program.
“(p)(1) Monitor implementation and execution of the NFIP budget by the heads
of departments or agencies that have an organization within the Intelligence
Community, including, as necessary, by conducting program and performance
audits and evaluations;
“(2) Monitor implementation of the JMIP and the TIARA Program and
advise the Secretary of Defense thereon; and
“(3) After consultation with the heads of relevant departments, report
periodically, and not less often than semiannually, to the President on the
effectiveness of implementation of the NFIP Program by organizations
within the Intelligence Community, for which purpose the heads of
departments and agencies shall ensure that the Director has access to
programmatic, execution, and other appropriate information.”

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SEC. 4. STRENGTHENED ROLE IN SELECTING HEADS OF INTELLIGENCE
ORGANIZATIONS. With respect to a position that heads an organization within the
Intelligence Community:
(a) if the appointment to that position is made by the head of the department or
agency or a subordinate thereof, no individual shall be appointed to such position
without the concurrence of the Director;
(b) if the appointment to that position is made by the President alone, any
recommendation to the President to appoint an individual to that position shall be
accompanied by the recommendation of the Director with respect to the proposed
appointment; and
(c) if the appointment to that position is made by the President, by and with the
advice and consent of the Senate, any recommendation to the President for
nomination of an individual for that position shall be accompanied by the
recommendation of the Director with respect to the proposed nomination.
SEC. 5. STRENGTHENED CONTROL OF STANDARDS AND QUALIFICATIONS. The
Director shall issue, after coordination with the heads of departments and
agencies with an organization in the Intelligence Community, and not later than
120 days after the date of this order, and thereafter as appropriate, standards and
qualifications for persons engaged in the performance of United States
intelligence activities, including but not limited to:
(a) standards for training, education, and career development of personnel within
organizations in the Intelligence Community, and for ensuring compatible
personnel policies and an integrated professional development and education
system across the Intelligence Community, including standards that encourage
and facilitate service in multiple organizations within the Intelligence
Community and make such rotated service a factor to be considered for
promotion to senior positions;
(b) standards for attracting and retaining personnel who meet the requirements
for effective conduct of intelligence activities;
(c) standards for common personnel security policies among organizations within
the Intelligence Community; and
(d) qualifications for assignment of personnel to centers established under section
1.5(g)(2) of Executive Order 12333, as amended by section 2 of this order.
SEC. 6. TECHNICAL CORRECTIONS. Executive Order 12333 is further amended as
follows:
(a) The preamble is amended by, after “amended”, inserting “(Act)”.
(b) Subsection 1.3(a)(4) is amended by, after “governments”, inserting “and
organizations”.
(c) Subsection 1.4(a) is amended by, after “needed by the President”, inserting
“and, in the performance of Executive functions, the Vice President,”.
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(d) Subsection 1.7(c) is amended by striking “the Director of Central Intelligence
and” and by striking “their respective” and inserting “its”.
(e) Subsection 1.8(c) is amended by, after “agreed upon”, inserting “by”.
(f) Subsection 1.8(i) is amended by striking “and through” and inserting in lieu
thereof “through”.
(g) Subsection 1.10 is amended by:
(1) striking “The Department of the Treasury. The Secretary of the
Treasury shall:” and inserting in lieu thereof “The Department of the
Treasury and the Department of Homeland Security. The Secretary of the
Treasury, with respect to subsections (a), (b), and (c), and the Secretary
of Homeland Security with respect to subsection (d), shall:”;
(2) in subparagraph (d), after “used against the President” inserting “or
the Vice President”; and
(3) in subparagraph (d), striking “the Secretary of the Treasury” both
places it appears and inserting in lieu thereof in both places “the
Secretary of Homeland Security”.
(h) Subsection 2.4(c)(1) is amended by striking “present of former” and inserting
in lieu thereof “present or former”.
(i) Subsection 3.1 is amended by:
(1) striking “as provided in title 50, United States Code, section 413” and
inserting in lieu thereof “implemented in accordance with applicable law,
including title V of the Act”; and
(2) striking “section 662 of the Foreign Assistance Act of 1961 as
amended (22 U.S.C. §2422), and section 501 of the National Security
Act of 1947, as amended (50 U.S.C. §413),” and inserting in lieu thereof
“applicable law, including title V of the Act,”.
(j) Subsection 3.4(b) is amended by striking “visably” and inserting in lieu
thereof “visibly”.
(k) Subsection 3.4(f) is amended:
(1) after “agencies within the Intelligence Community”, by inserting “, or
organizations within the Intelligence Community”;
(2) in paragraph (8), by striking “Those” and inserting in lieu thereof
“The intelligence elements of the Coast Guard and those”; and
(3) by striking the “and” at the end of paragraph (7), striking the period
at the end of paragraph (8) and inserting in lieu thereof “; and”, and
adding at the end thereof “(9) National Geospatial-Intelligence Agency”.
SEC. 7. GENERAL PROVISIONS.
(a) This order and the amendments made by this order:
(1) shall be implemented in a manner consistent with applicable law and
subject to the availability of appropriations;
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(2) shall be implemented in a manner consistent with the authority of the
principal officers of the executive departments as heads of their
respective departments, including under section 199 of the Revised
Statutes (22 U.S.C. §2651), section 201 of the Department of Energy
Reorganization
Act (42 U.S.C. §7131), section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. §112(a)), and sections 301 of title 5, 113(b) and 162(b) of
title 10, 503 of title 28, and 301(b) of title 31, United States Code; and
(3) shall not be construed to impair or otherwise affect the functions of
the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals.
(b) Nothing in section 4 of this order limits or otherwise affects—
(1) the appointment of an individual to a position made before the date of
this order; or
(2) the power of the President as an appointing authority to terminate an
appointment.
(c) Nothing in this order shall be construed to impair or otherwise affect any
authority to provide intelligence to the President, the Vice President in the
performance of Executive functions, and other officials in the executive branch.
(d) This order and amendments made by this order are intended only to improve
the internal management of the Federal Government and are not intended to, and
do not, create any rights or benefits, substantive or procedural, enforceable at law
or in equity by a party against the United
States, its departments, agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.
-/S/-George W. Bush
THE WHITE HOUSE,
August 27, 2004.

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EXECUTIVE ORDER 13355

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EXECUTIVE ORDER 13381
EXECUTIVE ORDER 13381:
STRENGTHENING PROCESSES RELATING TO DETERMINING
ELIGIBILITY FOR ACCESS TO CLASSIFIED
NATIONAL SECURITY INFORMATION
(Federal Register Vol. 70, No. 125 (June 30, 2005))

By the authority vested in me as President by the Constitution and the laws of the
United States of America, and in order to assist in determining eligibility for
access to classified national security information, while taking appropriate
account of title III of Public Law 108–458, it is hereby ordered as follows:
SECTION 1. POLICY. To the extent consistent with safeguarding the security of the
United States and protecting classified national security information from
unauthorized disclosure, agency functions relating to determining eligibility for
access to classified national security information shall be appropriately uniform,
centralized, efficient, effective, timely, and reciprocal.
SEC. 2. FUNCTIONS OF THE OFFICE OF MANAGEMENT AND BUDGET. The Director
of the Office of Management and Budget (Director):
(a) may, to ensure the effective implementation of the policy set forth in section 1
of this order, assign, in whole or in part, to the head of any agency (solely or
jointly) any process relating to determinations of eligibility for access to
classified national security information, with the agency’s exercise of such
assigned process to be subject to the Director’s supervision and to such terms and
conditions (including approval by the Office of Management and Budget) as the
Director determines appropriate;
(b) shall carry out any process that the Director does not assign to another agency
(or agencies) under subsection (a);
(c) may, after consultation with the Secretary of State, Secretary of Defense, the
Attorney General, the Secretary of Energy, the Secretary of Homeland Security,
the Director of National Intelligence (DNI), and the Director of the Office of
Personnel Management, issue guidelines and instructions to the heads of agencies
to ensure appropriate uniformity, centralization, efficiency, effectiveness, and
timeliness in processes relating to determinations by agencies of eligibility for
access to classified national security information;
(d) may, with regard to determining eligibility for access to Sensitive
Compartmented Information (SCI) and “special access programs pertaining to
intelligence activities; including special activities, but not including military
operational, strategic, and tactical programs” (Intelligence SAPs) under section
4.3(a) of Executive Order 12958 of April 17, 1995, as amended, issue guidelines
and instructions with the concurrence of the DNI to the heads of agencies to
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EXECUTIVE ORDER 13381
ensure appropriate uniformity, centralization, efficiency, effectiveness, and
timeliness in making such determinations relating to those programs;
(e) may, with regard to determining eligibility for access to special access
programs (SAP) as defined in Executive Order 12958 other than Intelligence
SAPs, issue guidelines and instructions with the concurrence of the agency head
with responsibility for the SAP to ensure appropriate uniformity, centralization,
efficiency, effectiveness, and timeliness in making such determinations relating
to those programs;
(f) may report periodically to the President on implementation by agencies of the
policy set forth in section 1; and
(g) shall submit reports to the Congress relating to the subject matter of this order
to the extent required by law.
SEC. 3. FUNCTIONS OF THE HEADS OF AGENCIES.
(a) Heads of agencies shall:
(1) carry out any process assigned to the agency head by the Director
under subsection 2(a) of this order, and shall assist the Director in
carrying out any process under subsection 2(b);
(2) implement guidelines and instructions issued by the Director under
subsections 2(c), 2(d), and 2(e) of this order;
(3) to the extent permitted by law, make available to the Director such
information as the Director may request to implement this order;
(4) ensure that all actions taken under this order take appropriate account
of the counterintelligence interests of the United States; and
(5) ensure that all actions taken under this order are consistent with the
DNI’s responsibility to protect intelligence sources and methods.
(b) The Director and other heads of agencies shall ensure that all actions taken
under this order are consistent with the President’s constitutional authority to (i)
conduct the foreign affairs of the United States, (ii) withhold information the
disclosure of which could impair the foreign relations, the national security, the
deliberative processes of the Executive, or the performance of the Executive’s
constitutional duties, (iii) recommend for congressional consideration such
measures as the President may judge necessary or expedient, and (iv) supervise
the unitary executive branch.
SEC. 4. DEFINITIONS. As used in this order:
(a) the term “agencies” means:
(1) any “executive department” as defined in section 101 of title 5,
United States Code, as well as the Department of Homeland Security;
(2) any “military department” as defined in section 102 of title 5, United
States Code;
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(3) any “government corporation” as defined in section 103 of title 5,
United States Code; and
(4) any “independent establishment” as defined in section 104 of title 5,
United States Code, but excluding the Government Accountability Office
and including the United States Postal Service and the Postal Rate
Commission.
(b) the term “classified national security information” means information that is
classified pursuant to Executive Order 12958;
(c) the term “counterintelligence” has the meaning specified for that term in
section 3 of the National Security Act of 1947 (50 U.S.C. §401a); and
(d) the term “process” means:
(1) oversight of determinations of eligibility for access to classified
national security information, including for SCI and SAPs made by any
agency, as well as the acquisition of information through investigation or
other means upon which such determinations are made;
(2) developing and implementing uniform and consistent policies and
procedures to ensure the effective, efficient, and timely completion of
access eligibility determinations, to include for SAPs;
(3) designating an authorized agency for making access eligibility
determinations and an authorized agency for collecting information
through investigation upon which such determinations are made;
(4) ensuring reciprocal recognition of determinations of eligibility for
access to classified information among the agencies of the United States
Government, including resolution of disputes involving the reciprocity of
security clearances and access to SCI and SAPs;
(5) ensuring the availability of resources to achieve clearance and
investigative program goals regarding the making of access
determinations as well as the collection of information through
investigation and other means upon which such determinations are made;
and
(6) developing tools and techniques for enhancing the making of access
eligibility determinations as well as the collection of information through
investigation and other means upon which such determinations are made.
SEC. 5. GENERAL PROVISIONS.
(a) Nothing in this order shall be construed to supersede, impede, or otherwise
affect:
(1) Executive Order 10865 of February 20, 1960, as amended;
(2) Executive Order 12333 of December 4, 1981, as amended;
(3) Executive Order 12958, as amended;
(4) Executive Order 12968 of August 2, 1995;
(5) Executive Order 12829 of January 6, 1993, as amended;
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EXECUTIVE ORDER 13381
(6) subsections 102A(i) and (j) of the National Security Act of 1947
(50 U.S.C. §403–1(i) and (j)); and
(7) sections 141 through 146 of the Atomic Energy Act of 1954 (42
U.S.C. §2161 through 2166).
(b) Executive Order 12171 of November 19, 1979, as amended, is further
amended by inserting after section after 1–215 the following new section: “1–
216. The Center for Federal Investigative Services, Office of Personnel
Management.”
(c) Nothing in this order shall be construed to impair or otherwise affect any
authority of the Director, including with respect to budget, legislative, or
administrative proposals. The Director may use any authority of the Office of
Management and Budget in carrying out this order.
(d) Existing delegations of authority to any agency relating to granting access to
classified information and conducting investigations shall remain in effect,
subject to the authority of the Office of Management and Budget under section 2
of this order to revise or revoke such delegation.
(e) This order is intended solely to improve the internal management of the
executive branch and is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, entities, officers, employees, or agents,
or any other person.
SEC. 6. SUBMISSION OF REPORT AND EXPIRATION OF ORDER.
(a) The Director shall submit a report to the President, on or before April 1, 2007,
on the implementation of this order and the policy set forth in section 1 of this
order.
(b) The provisions of this order (other than subsection 5(b) and the amendment
made thereby) shall, unless extended by the President, expire on July 1, 2006.
-/S/-George W. Bush
THE WHITE HOUSE,
June 27, 2005.

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EXECUTIVE ORDER 13388
EXECUTIVE ORDER 13388:
FURTHER STRENGTHENING THE SHARING OF
TERRORISM INFORMATION TO PROTECT AMERICANS
(Federal Register Vol. 70, No. 207 (October 27, 2005))

By the authority vested in me as President by the Constitution and the laws of the
United States of America, including section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108– 458), and in order to further
strengthen the effective conduct of United States counterterrorism activities and
protect the territory, people, and interests of the United States of America,
including against terrorist attacks, it is hereby ordered as follows:
SECTION 1. POLICY. To the maximum extent consistent with applicable law,
agencies shall, in the design and use of information systems and in the
dissemination of information among agencies:
(a) give the highest priority to
(1) the detection, prevention, disruption, preemption, and mitigation of
the effects of terrorist activities against the territory, people, and interests
of the United States of America;
(2) the interchange of terrorism information among agencies;
(3) the interchange of terrorism information between agencies and
appropriate authorities of State, local, and tribal governments, and
between agencies and appropriate private sector entities; and
(4) the protection of the ability of agencies to acquire additional such
information; and
(b) protect the freedom, information privacy, and other legal rights of Americans
in the conduct of activities implementing subsection (a).
SEC. 2. DUTIES OF HEADS OF AGENCIES POSSESSING OR ACQUIRING TERRORISM
INFORMATION. To implement the policy set forth in section 1 of this order, the
head of each agency that possesses or acquires terrorism information:
(a) shall promptly give access to the terrorism information to the head of each
other agency that has counterterrorism functions, and provide the terrorism
information to each such agency, unless otherwise directed by the President, and
consistent with
(1) the statutory responsibilities of the agencies providing and receiving
the information;
(2) any guidance issued by the Attorney General to fulfill the policy set
forth in subsection 1(b) of this order; and
(3) other applicable law, including sections 102A(g) and (i) of the
National Security Act of 1947, section 1016 of the Intelligence Reform
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EXECUTIVE ORDER 13388
and Terrorism Prevention Act of 2004 (including any policies,
procedures, guidelines, rules, and standards issued pursuant thereto),
sections 202 and 892 of the Homeland Security Act of 2002, Executive
Order 12958 of April 17, 1995, as amended, and Executive Order 13311
of July 29, 2003; and
(b) shall cooperate in and facilitate production of reports based on terrorism
information with contents and formats that permit dissemination that maximizes
the utility of the information in protecting the territory, people, and interests of
the United States.
SEC. 3. PREPARING TERRORISM INFORMATION FOR MAXIMUM DISTRIBUTION. To
assist in expeditious and effective implementation by agencies of the policy set
forth in section 1 of this order, the common standards for the sharing of terrorism
information established pursuant to section 3 of Executive Order 13356 of
August 27, 2004, shall be used, as appropriate, in carrying out section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004.
SEC. 4. REQUIREMENTS FOR COLLECTION OF TERRORISM INFORMATION INSIDE
THE UNITED STATES. To assist in expeditious and effective implementation by
agencies of the policy set forth in section 1 of this order, the recommendations
regarding the establishment of executive branch-wide collection and sharing
requirements, procedures, and guidelines for terrorism information collected
within the United States made pursuant to section 4 of Executive Order 13356
shall be used, as appropriate, in carrying out section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004.
SEC. 5. ESTABLISHMENT AND FUNCTIONS OF INFORMATION SHARING COUNCIL.
(a) Consistent with section 1016(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004, there is hereby established an Information Sharing
Council (Council), chaired by the Program Manager to whom section 1016 of
such Act refers, and composed exclusively of designees of: the Secretaries of
State, the Treasury, Defense, Commerce, Energy, and Homeland Security; the
Attorney General; the Director of National Intelligence; the Director of the
Central Intelligence Agency; the Director of the Office of Management and
Budget; the Director of the Federal Bureau of Investigation; the Director of the
National Counterterrorism Center; and such other heads of departments or
agencies as the Director of National Intelligence may designate.
(b) The mission of the Council is to
(1) provide advice and information concerning the establishment of an
interoperable terrorism information sharing environment to facilitate
automated sharing of terrorism information among appropriate agencies
to implement the policy set forth in section 1 of this order; and
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EXECUTIVE ORDER 13388
(2) perform the duties set forth in section 1016(g) of the Intelligence
Reform and Terrorism Prevention Act of 2004.
(c) To assist in expeditious and effective implementation by agencies of the
policy set forth in section 1 of this order, the plan for establishment of a proposed
interoperable terrorism information sharing environment reported under section
5(c) of Executive Order 13356 shall be used, as appropriate, in carrying out
section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004.
SEC. 6. DEFINITIONS. As used in this order:
(a) the term “agency” has the meaning set forth for the term “executive agency”
in section 105 of title 5, United States Code, together with the Department of
Homeland Security, but includes the Postal Rate Commission and the United
States Postal Service and excludes the Government Accountability Office; and
(b) the term “terrorism information” has the meaning set forth for such term in
section 1016(a)(4) of the Intelligence Reform and Terrorism Prevention Act of
2004.
SEC. 7. GENERAL PROVISIONS.
(a) This order:
(1) shall be implemented in a manner consistent with applicable law,
including Federal law protecting the information privacy and other legal
rights of Americans, and subject to the availability of appropriations;
(2) shall be implemented in a manner consistent with the authority of the
principal officers of agencies as heads of their respective agencies,
including under section 199 of the Revised Statutes (22 U.S.C. §2651),
section 201 of the Department of Energy Organization Act (42 U.S.C.
§7131), section 103 of the National Security Act of 1947 (50 U.S.C.
§403–3), section 102(a) of the Homeland Security Act of 2002 (6 U.S.C.
§112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 10, 1501
of title 15, 503 of title 28, and 301(b) of title 31, United States Code;
(3) shall be implemented consistent with the Presidential Memorandum
of June 2, 2005, on “Strengthening Information Sharing, Access, and
Integration—Organizational, Management, and Policy Development
Structures for Creating the Terrorism Information Sharing
Environment;”
(4) shall not be construed to impair or otherwise affect the functions of
the Director of the Office of Management and Budget relating to budget,
(5) shall be implemented in a manner consistent with section 102A of the
National Security Act of 1947.
(b) This order is intended only to improve the internal management of the
Federal Government and is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity by a party
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EXECUTIVE ORDER 13388
against the United States, its departments, agencies, instrumentalities, or entities,
its officers, employees, or agents, or any other person.
SEC. 8. AMENDMENTS AND REVOCATION.
(a) Executive Order 13311 of July 29, 2003, is amended:
(1) by striking “Director of Central Intelligence” each place it appears
and inserting in lieu thereof in each such place “Director of National
Intelligence”; and
(2) by striking “103(c)(7)” and inserting in lieu thereof “102A(i)(1)”.
(b) Executive Order 13356 of August 27, 2004, is hereby revoked.
-/S/-George W. Bush
THE WHITE HOUSE,
October 25, 2005.

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INTELLIGENCE SHARING PROCEDURES FOR
FI AND FCI INVESTIGATIONS CONDUCTED BY THE FBI
INTELLIGENCE SHARING PROCEDURES FOR FOREIGN
INTELLIGENCE AND FOREIGN COUNTERINTELLIGENCE
INVESTIGATIONS CONDUCTED BY
THE FEDERAL BUREAU OF INVESTIGATION
–––––––––
OFFICE OF THE ATTORNEY GENERAL
WASHINGTON, D.C. 20530
March 6, 2002
MEMORANDUM
TO:

Director, FBI
Assistant Attorney General, Criminal Division
Counsel for Intelligence Policy
United States Attorneys

FROM: The Attorney General -/S/-John Ashcroft
SUBJECT:

I.

Intelligence Sharing Procedures for Foreign Intelligence and
Foreign Counterintelligence Investigations Conducted by the
FBI
INTRODUCTION AND STATEMENT OF GENERAL
PRINCIPLES

Unless otherwise specified by the Attorney General, these procedures apply
to foreign intelligence (FI) and foreign counterintelligence (FCI) investigations
conducted by the Federal Bureau of Investigations (FBI). They are designed to
ensure that FI and FCI investigations are conducted lawfully, particularly in light
of requirements imposed by the Foreign Intelligence Surveillance Act (FISA),
and to promote the effective coordination and performance of the criminal and
counterintelligence functions of the Department of Justice (DOJ). These
procedures supersede the procedures adopted by the Attorney General on July 19,
1995 (including the annex concerning the Southern District of New York), the
interim measures approved by the Attorney General on January 21, 2000, and the
memorandum issued by the Deputy Attorney General on August 6, 2001. Terms
used in these procedures shall be interpreted in keeping with definitions
contained in FISA. References in these procedures to particular positions or
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INTELLIGENCE SHARING PROCEDURES FOR
FI AND FCI INVESTIGATIONS CONDUCTED BY THE FBI
components within the Department of Justice shall apply to any successor
position or component.
Prior to the USA Patriot Act, FISA could be used only for “primary purpose”
of obtaining “foreign intelligence information.” The term “foreign intelligence
information” was and is defined to include information that is necessary, or
relevant, to the ability of the United Sates to protect against foreign threats to
national security, such as attack, sabotage, terrorism, or clandestine intelligence
activities. See 50 U.S.C. §1801(e)(1). Under the primary purpose standard, the
government could have a significant law enforcement purpose for using FISA,
but only if it was subordinate to the primary foreign intelligence purpose. The
USA PATRIOT Act allows FISA to be used for “a significant purpose,” rather
than the primary purpose, of obtaining foreign intelligence information. Thus, it
allows FISA to be used primarily for a law enforcement purpose, as long as a
significant foreign intelligence purpose remains. See U.S.C. §1804 (a)(7)(B),
1823 (a)(7)(B).
The Act also expressly authorizes intelligence officers who are using FISA to
“consult” with federal law enforcement officers to “coordinate efforts to
investigate or protect against” foreign threats to national security. Under this
authority, intelligence and law enforcement officers may exchange a full range of
information and advice concerning such efforts in FI or FCI investigation,
including information and advice designed to preserve or enhance the possibility
of a criminal prosecution. The USA Patriot Act provides that such consultation
intelligence and law enforcement officers “shall not” preclude the government’s
certification of a significant foreign intelligence purpose or the issuance of a
FISA warrant. See 50 U.S.C. §§1806 (k), 1825 (k).
Consistent with the USA Patriot Act and with standards of effective
management, all relevant DOJ components, including the Criminal Division, the
relevant United States Attorney’s Offices (USAOs), and the Office of
Intelligence Policy and Review (OIPR), must be fully informed about the nature,
scope, and conduct of all full field FI and FCI investigations, whether or not
those investigations involve the use of FISA. Correspondingly, the Attorney
General can most effectively direct and control such FI and FCI investigation
only if all relevant DOJ components are free to offer advice and make
recommendations, both strategic and tactical, about the conduct and goals of the
investigations. The overriding need to protect the national security from foreign
threats compels a full and free exchange of information and ideas.

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INTELLIGENCE SHARING PROCEDURES FOR
FI AND FCI INVESTIGATIONS CONDUCTED BY THE FBI
II.

INTELLIGENCE SHARING PROCEDURES CONCERNING
THE CRIMINAL DIVISION
A.

Disseminating Information.

The Criminal Division and OIPR shall have access to all information
developed in full field FI and FCI investigations except as limited by orders
issued by the Foreign Intelligence Surveillance Court, controls imposed by the
originator of sensitive material, and restrictions established by the Attorney
General or the Deputy Attorney General in particular cases. See 50 U.S.C
§§1801 (h), 1806 (a), 1825 (a).
The FBI shall keep the Criminal Division and OIPR apprised of all
information developed in full field FI and FCI investigations that is necessary to
the ability of the United States to investigate or protect against foreign attack,
sabotage, terrorism, and clandestine intelligence activities, subject to the limits
set forth above. Relevant information includes both foreign intelligence
information and information concerning a crime which has been, is being, or is
about to be committed. The Criminal Division and OIPR must have access to
this information to ensure the ability of the United States to coordinate efforts to
investigate and protect against foreign threats to national security, including
protection against such threats through criminal investigation and prosecution,
and in keeping with the need of the United States to obtain, produce, and
disseminate foreign intelligence information. See 50 U.S.C. §§1801(h)(1),
1806(k), 1825(k).
The FBI shall also keep the Criminal Division and OIPR apprised of
information developed in full field FI and FCI investigations that concerns any
crime which has been, is being, or is about to be committed. See U.S.C
§1801(h)(3).
As part of its responsibility under the preceding paragraphs, the FBI shall
provide to the Criminal Division and OIPR copies of annual Letterhead
Memoranda (or successor summary documents) in all full field FI and FCI
investigation, and shall make available to the Criminal Division and OIPR
relevant information from investigative files, as appropriate. The Criminal
Division shall adhere to any reasonable conditions on the storage and disclosure
of such documents and information that the FBI or OIPR may require.
All information acquired pursuant to a FISA electronic surveillance or
physical search that is disseminate to the Criminal Division shall be accompanied
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INTELLIGENCE SHARING PROCEDURES FOR
FI AND FCI INVESTIGATIONS CONDUCTED BY THE FBI
by a statement that such information, or any information derived therefrom, may
only be used in any criminal proceeding (including search and arrest warrant
affidavits and grand jury subpoenas and proceedings) with the advance
authorization of the Attorney General. See 50 U.S.C. §§1806(b), 1825(c).
B.

Providing Advice.

The FBI, the Criminal Division, and OIPR shall consult with one another
concerning full field FI and FCI investigations except as limited by these
procedures, orders issued by the Foreign Intelligence Surveillance Court, and
restrictions established by the Attorney General or the Deputy Attorney General
in particular cases.
Consultations may include the exchange of advice and recommendations on
all issues necessary to the ability of the United States to investigate or protect
against foreign attack, sabotage, terrorism, and clandestine intelligence activities,
including protection against the foregoing through criminal investigations and
prosecution, subject to the limits set forth above. Relevant issues include, but are
not limited to, the strategy and goals for the investigation; the law enforcement
and intelligence methods to be used in conducting the investigation; the
interaction between intelligence and law enforcement components as part of the
investigation; and the initiation, operation, continuation, or expansion of FISA
searches or surveillance. Such consultations are necessary to the ability of the
United States to coordinate efforts to investigate and protect against foreign
threats to national security as set forth in 50 U.S.C. §§1806(k), 1825(k).
The FBI, the Criminal Division, and OIPR shall meet regularly to conduct
consultations. Consultations may also be conducted directly between two or
more components at any time. Disagreements arising from consultations may be
presented to the Deputy Attorney General or the Attorney General for resolution.
III.
INTELLIGENCE SHARING PROCEDURES
CONCERNING A USAO
With respect to FI or FCI investigation involving international terrorism, the
relevant USAOs shall receive information and engage in consultations to the
same extent as the Criminal Division under Parts II.A and II.B of these
procedures. Thus, the relevant USAOs shall have access to information
developed in full field investigations, shall be kept apprised of information
necessary to protect national security, shall be kept apprised of information
concerning crimes, shall receive copies of LHMs or successor summary
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INTELLIGENCE SHARING PROCEDURES FOR
FI AND FCI INVESTIGATIONS CONDUCTED BY THE FBI
documents, and shall have access to the FBI files to the same extent as the
Criminal Division. The relevant USAOs shall receive such information and
access from the FBI field offices. The relevant USAOs also may and shall
engage in regular consultations with the FBI and OIPR to the same extent as the
Criminal Division.
With respect to FI or FCI investigations involving espionage, the Criminal
Division shall, as appropriate, authorize the dissemination of information to a
USAO, and shall also, as appropriate, authorize consultations between the FBI
and a USAO, subject to the limits set forth in Parts II.A and II.B of these
procedures. In an emergency, the FBI may disseminate information t, and
consult with, a United States Attorney’s Office concerning an espionage
investigation without the approval of the Criminal Division, but shall notify the
Criminal Division as soon as possible after the fact.
All information disseminated to a USAO pursuant to these procedures,
whether or not the information is derived from FISA and whether or not it
concerns a terrorism or espionage investigation, shall be disseminated only to the
United States Attorney (USA) and/or any Assistant United States Attorneys
(AUSUAs) designated to the Department of Justice by the USA as points of
contact to receive such information. The USAs and the designated AUSAs shall
have appropriate security clearances and shall receive training in the handling of
classified information and information derived from FISA, including training
concerning restrictions on the use and dissemination of such information.
Except in an emergency, where circumstances preclude the opportunity of
consultation, the USAOs shall take no action on the information disseminated
pursuant to these procedures without consulting with the Criminal Division and
OIPR. The term “action” is defined to include the use of such information in any
criminal proceeding (including search and arrest warrant affidavits and grand
jury subpoenas and proceedings), and the disclosure of such information to a
court or to any non-government personnel. See also U.S. Attorney’s Manual
§§9-2.136, 9-90.020. Disagreements arising from consultations pursuant to this
paragraph may be presented to the Deputy Attorney General or the Attorney
General for resolution.
All information acquired pursuant to a FISA electronic surveillance or
physical search that is disseminated to a USAO shall be accompanied by a
statement that such information, or any information derived therefrom, may only
be used in any criminal proceeding (including search and arrest warrant affidavits
and grand jury subpoenas and proceedings) with the advance authorization of the
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INTELLIGENCE SHARING PROCEDURES FOR
FI AND FCI INVESTIGATIONS CONDUCTED BY THE FBI
Attorney General. See 50 U.S.C. §§1806(b), 1835(c). Whenever a USAO
requests authority from Attorney General to use such information in a criminal
proceeding, it shall simultaneously notify the Criminal Division.

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ATTORNEY GENERAL’S SECTION 203 GUIDELINES REGARDING
DISCLOSURE OF INFORMATION IDENTIFYING UNITED STATES PERSONS
GUIDELINES FOR DISCLOSURE OF GRAND JURY AND
ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION
IDENTIFYING UNITED STATES PERSONS
–––––––––
OFFICE OF THE ATTORNEY GENERAL
WASHINGTON, DC 20530
September 23, 2002
MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS
FROM THE ATTORNEY General -/S/-John Ashcroft
Subject

Guidelines for Disclosure of Grand Jury and Electronic, Wire,
and Oral Interception Information Identifying United States
Persons

The prevention of terrorist activity is the overriding priority of the
Department of Justice and improved information sharing among federal agencies
is a critical component of our overall strategy to protect the security of America
and the safety of her people.
Section 203 of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT) Act of 2001, Pub. L. 107-56, 115 Stat. 272,278-81, authorizes the
sharing of foreign intelligence, counterintelligence, and foreign intelligence
information obtained through grand jury proceedings and electronic, wire, and
oral interception, with relevant Federal officials to assist in the performance of
their duties. This authorization greatly enhances the capacity of law enforcement
to share information and coordinate activities with other federal officials in our
common effort to prevent and disrupt terrorist activities.
At the same time, the law places special restrictions on the handling of
intelligence information concerning United States persons (“U.S. person
information”). Executive Order 12333,46 FR 59941 (Dec. 8, 1981) (“EO
12333”), for example, restricts the type of U.S. person information that agencies
within the intelligence community may collect, and requires that the collection,
retention, and dissemination of such information must conform with procedures
established by the head of the agency concerned and approved by the Attorney
627

ATTORNEY GENERAL’S SECTION 203 GUIDELINES REGARDING
DISCLOSURE OF INFORMATION IDENTIFYING UNITED STATES PERSONS
General. Section 203(c) of the USA PATRIOT Act, likewise, directs the
Attorney General to establish procedures for the disclosure of grand jury and
electronic, wire, and oral interception information “that identifies a United States
person, as that term is defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978( 50 U.S.C. §1801).”
Pursuant to section 203(c), this memorandum specifies the procedures
for labeling information that identifies U .S. persons. Information identifying
U.S. persons disseminated pursuant to section 203 must be marked to identify
that it contains such identifying information prior to disclosure.
Section 101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. §1801) provides:
“United States person” means a citizen of the United States, an alien
lawfully admitted for permanent residence (as defined in section 1101 (
a)(20) of Title 8), an unincorporated association a substantial number of
members of which are citizens of the United States or aliens lawfully
admitted for permanent residence, or a corporation which is incorporated
in the United States, but does not include a corporation or an association
which is a foreign power, as defined in subsection (a)(1), (2), or (3) of
this section.
Information should be marked as containing U.S. person information if
the information identifies any U.S. person. The U.S. person need not be the target
or subject of the grand jury investigation or electronic, wire, and oral
surveillance; the U.S. person need only be mentioned in the information to be
disclosed. However, t he U.S. person must be “identified.” That is, the grand jury
or electronic, wire, and oral interception information must discuss or refer to the
U.S person by name (or nickname or alias), rather than merely including
potentially identifying information such as an address or telephone number that
requires additional investigation to associate with a particular person.
Determining whether grand jury or electronic, wire, and oral interception
information identifies a U. S. person may not always be easy. Grand jury and
electronic, wire, and oral interception information standing alone will usually not
establish unequivocally that an identified individual or entity is a U.S. person. In
most instances, it will be necessary to use the context and circumstances of the
information pertaining to the individual in question to determine whether the
individual is a U.S. person. If the person is known to be located in the U.S., or if
the location is unknown, he or she should be treated as a U.S. person unless the
628

ATTORNEY GENERAL’S SECTION 203 GUIDELINES REGARDING
DISCLOSURE OF INFORMATION IDENTIFYING UNITED STATES PERSONS
individual is identified as an alien who has not been admitted for permanent
residence or circumstances give rise to the reasonable belief that the individual is
not a U.S. person. Similarly, if the individual identified is known or believed to
be located outside the U.S., he or she should be treated as a non-U.S. person
unless the individual is identified as a U.S. person or circumstances give rise to
the reasonable belief that the individual is a U.S. person.
Grand jury and electronic, wire, and oral interception information
disclosed under section 203 should be received in the recipient agency by an
individual who is designated to be a point of contact for such information for that
agency. Grand jury and electronic, wire, and oral interception information
identifying U .S. persons is subject to section 2.3 of EO 12333 and the
procedures of each intelligence agency implementing EO 12333, each of which
place important limitations on the types of U.S. person information that may be
retained and disseminated by the United States intelligence community. These
provisions require that information identifying a U.S. person be deleted from
intelligence information except in limited circumstances. An intelligence agency
that, pursuant to section 203, receives from the Department of Justice( or another
Federal law enforcement agency) information acquired by electronic, wire, and
oral interception techniques should handle such information in accordance with
its own procedures implementing EO 12333 that are applicable to information
acquired by the agency through such techniques.
In addition, the Justice Department will disclose grand jury and
electronic, w ire, and oral interception information subject to use restrictions
necessary to comply with notice and record keeping requirements and as
necessary to protect sensitive law enforcement sources and ongoing criminal
investigations. When imposed, use restrictions shall be no more restrictive than
necessary to accomplish the desired effect.
These procedures are intended to be simple and minimally burdensome
so that information sharing will not be unnecessarily impeded. Nevertheless,
where warranted by exigent or unusual circumstances, the procedures may be
modified in particular cases by memorandum of the Attorney General, Deputy
Attorney General, or their designees, with notification to the Director of Central
Intelligence or his designee. These procedures are not intended to and do not
create any rights, privileges, or benefits, substantive or procedural, enforceable
by any party against the United States, its departments, agencies, or other entities,
its officers or employees or any other person.
The guidelines in this memorandum shall be effective immediately.
629

ATTORNEY GENERAL’S SECTION 203 GUIDELINES REGARDING
DISCLOSURE OF INFORMATION IDENTIFYING UNITED STATES PERSONS

630

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
GUIDELINES REGARDING DISCLOSURE TO THE DIRECTOR OF
CENTRAL INTELLIGENCE AND HOMELAND SECURITY OFFICIALS
OF FOREIGN INTELLIGENCE ACQUIRED IN THE COURSE OF A
CRIMINAL INVESTIGATION
–––––––––
OFFICE OF THE ATTORNEY GENERAL
WASHINGTON, DC 20530
September 23, 2002
MEMORANDUM FOR HEADS OF DEPARTMENT OF JUSTICE
COMPONENTS AND HEADS OF FEDERAL DEPARTMENTS AND
AGENCIES WITH LAW ENFORCEMENT RESPONSIBILITIES
FROM THE ATTORNEY GENERAL -/S/-John Ashcroft
SUBJECT: Guidelines Regarding Disclosure to the Director of Central
Intelligence and Homeland Security Officials of Foreign Intelligence Acquired in
the course of a Criminal Investigation
Background
The Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001,
Pub. L. 107-56, 115 Stat. 272, 389, enacted into law certain requirements for the
sharing of information by Federal Law enforcement agencies with the
intelligence community. Specifically, section 905(a) of the USA PATRIOT Act
provides that “the Attorney General, or the head of any other department or
agency of the Federal Government with law enforcement responsibilities, shall
expeditiously disclose to the Director of Central Intelligence, pursuant to
guidelines developed by the Attorney General in consultation with the Director,
foreign intelligence acquired by an element of the Department of Justice or an
element of such department or agency, as the case may be, in the course of a
criminal investigation.”
Since the enactment of the USA PATRIOT Act, federal law enforcement
agencies have taken steps to improve existing channels of communication with
the intelligence community and certain offices relating to homeland security
(collectively, “Receiving Agencies”) in order to share foreign intelligence
631

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
acquired in the course of criminal investigations. The purpose of these
guidelines is to formalize a framework pursuant to section 905(a) of the USA
PATRIOT Act that will facilitate and increase to the fullest extent possible the
continued expeditious sharing of such information. The procedures established
by these guidelines for the sharing of information between components of the
Department of Justice or other departments and agencies having law enforcement
responsibilities with Recipients (as defined below) are not, however, intended to
replace or supersede existing operational or information sharing mechanisms
between Federal law enforcement agencies and Receiving Agencies. As
appropriate, those relationships should continue to be used to the fullest extent
possible.
Heads of Department of Justice components and heads of other
departments and agencies of the Federal government having law enforcement
responsibility shall distribute these guidelines within their respective
departments, components and agencies, as appropriate, to ensure prompt and
effective implementation of section 905(a) and these guidelines.
Guidelines for Section 905(a) Information Sharing
1

Scope of Application. These guidelines apply to all elements of the
Department of Justice having criminal investigative or prosecutorial
responsibilities and to all other departments and agencies of the
Federal government having law enforcement responsibilities
(herinafter, collectively, “Federal Law Enforcement Agencies”).
These guidelines do not apply to agencies that provide support to
criminal investigations, but that do not themselves conduct criminal
investigations (e.g., the Department of Treasury’s Office of Foreign
Assets Control and Financial Crimes Enforcement Network).

2

Law Enforcement Information Subject to Mandatory Disclosure.
Subject to any exceptions established by the Attorney General in
consultation with the Director of Central Intelligence (the
“Director”) and Assistant to the President for Homeland Security,
section 905(a) and these guidelines require expeditious disclosure to
the Director, the Assistant to the President for Homeland Security or
other members of the U.S. intelligence community or homeland
security agencies as are designated under paragraph 4, infra, of
foreign intelligence acquired in the course of a criminal investigation
conducted by Federal Law Enforcement Agencies.

632

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
a.

As used herein, the term “foreign intelligence” is defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
§401a) as: “information relating to the capabilities, intentions,
or activities of foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist
activities.”

b.

The term “section 905(a) information” means foreign
intelligence acquired in the course of a criminal investigation.

c.

3

4

Section 203(d) of the USA PATRIOT Act, provides that:
“Notwithstanding any other law, it shall be lawful for foreign
intelligence or counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C §401a)) or foreign
intelligence information obtained as part of a criminal
investigation to be disclosed to any Federal law enforcement,
intelligence, protective, immigration, national defense, or
national security official in order to assist the official receiving
that information in the performance of his official duties.”
Thus, no other Federal or state law operates to prevent the
sharing of such information so long as disclosure of such
information will assist the Director and the Assistant to the
President for Homeland Security in the performance of their
official duties, and Federal Law Enforcement Agencies shall,
notwithstanding any other law, expeditiously disclose to the
Recipients (as defined below) section 905(a) information.
Training. Pursuant to section 908 of the USA PATRIOT Act, the
department of Justice, in consultation with the Director, the Assistant
to the President for Homeland Security, and other Federal Law
Enforcement Agencies, will develop a training curriculum and
program to ensure that law enforcement officials receive sufficient
training to identify foreign intelligence subject to the disclosure
requirements under these guidelines.
Entities to Whom Disclosure Shall Be Made. The Director, in
consultation with the Assistant to the President for Homeland
Security, shall promptly advise the Attorney General of his
designations of appropriate offices, entities and/or officials of
Receiving Agencies to receive the disclosure of section 905(a)
information not covered by an established operational or information
sharing mechanism. Said designees, together with the Director and
633

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
the Assistant to the President for Homeland Security and all offices,
entities, or individuals covered by such an established mechanism,
are collectively referred to herein as the “Recipients.” The Director,
in consultation with the Assistant to the President for Homeland
Security, shall ensure that sufficient Recipients are identified to
facilitate expeditious sharing and handling of section 905(a)
information.
5

Methods for Disclosure of Section 905(a) Information. Subject only
to any exceptions that may be established pursuant to paragraph 9(a),
infra, all section 905(a) information shall be shared as expeditiously
as possible with one or more of the Recipients. The procedures
established in this paragraph may be supplemented by more detailed
definitions and protocols disseminated to appropriate law
enforcement, intelligence, and homeland security officials in
classified or confidential form.
a.

Terrorism or Weapons of Mass Destruction (WMD)
Information. Federal law enforcement officials shall disclose
immediately to one or more Recipients information which they
reasonably believe relates to a potential terrorism or WMD
threat to the United States homeland, its critical infrastructure,
key resources (whether physical or electronic), or to United
States persons or interests worldwide. Other terrorism or WMD
information, as defined by section 5(a)(i) and (ii), shall be
disclosed to one or more Recipients as expeditiously as possible.
In all cases, the official shall disclose such information with the
understood priorities of disrupting terrorist plans, preventing
terrorists’ attacks, and preserving the lives of United States
persons. Disclosure may be made through one or more of the
following: existing field-level operational or information
sharing mechanisms, including a Joint Terrorism Task Force
(JTTF); existing headquarters operational or information sharing
mechanisms; or when the officer reasonably believes that time
does not permit the use of any such established mechanisms,
any other field level or other mechanism intended to facilitate
immediate action, response or other efforts to address such
threats.
As soon as possible after any disclosure under the preceding
paragraph, the disclosing official shall notify the relevant JTTF
634

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
of the disclosure. The JTTF shall, as appropriate, keep the
relevant Anti-Terrorism Task Force (ATTF) apprised of the
nature of the information disclosed. The relevant ATTF shall,
in turn, apprise the Department of Justice Criminal Division’s
Terrorism and Violent Crime Section (TVCS). Where
information is disclosed by the headquarters of the relevant
Federal Law Enforcement Agency, the headquarters shall, as
soon as practicable and to the extent reasonable, notify TVCS of
all disclosures. Federal agencies may require additional
notification procedures where appropriate.
For purposes of these guidelines, “terrorism information” and
“weapons of mass destruction information” are defined as
follows:
Terrorism Information: All information relating to the
existence, organization, capabilities, plans, intentions,
vulnerabilities, means of finance or material support, or
activities of foreign or international terrorist groups or
individuals or threats posed by such groups or
individuals to the United States, United States persons,
or United States interests, or to those of other nations, or
to communications between such groups or individuals,
or information relating to groups or individuals
reasonably believed to be assisting or associated with
them.
Weapons of Mass Destruction (WMD) Information: All
information relating to conventional explosive weapons
and non-conventional weapons capable of causing mass
casualties and damage, including chemical, biological,
radiological and nuclear agents and weapons and the
means of delivery of such weapons.
b.

All Other Section 905(a) Information. In consultation with the
Department of Justice and the Director, Federal Law
Enforcement Agencies shall develop (or continue to follow
existing) protocols (which may be classified or confidential) to
provide for the expeditious sharing of section 905(a)
information concerning all other subjects.
635

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
c.

6

Consultation With Respect to Title III and Grand Jury Materials.
Except as to section 905(a) information related to a potential
terrorism or WMD threat, disclosure of 905(a) information will
be accomplished in consultation with the prosecuting official
assigned to the case if: (i) the information was developed
through investigatory activities occurring after a particular
investigation has been referred formally to the Department of
Justice for prosecution; and (ii) the information was produced
by an electronic, wire, or oral interception or solely as a result of
a grand jury subpoena or testimony occurring before a grand
jury receiving information concerning the particular
investigation. This consultation may be the basis for identifying
appropriate use restrictions or for seeking an exception to the
section 905(a) disclosure requirements as set forth in paragraph
9, infra. Consultation shall be accomplished expeditiously, and
any resulting disclosure shall occur no later than 48 hours after
the prosecutor is initially notified. Section 905(a) information
that a Federal law enforcement official reasonably believes is
related to a potential terrorism or WMD threat, including
information received from an electronic, wire, or oral
interception or as a result of a grand jury subpoena or testimony
occurring before a grand jury, shall be immediately disclosed by
the Federal law enforcement official using the mechanisms
described in paragraph 5(a), supra, and without need for
advance consultation with the prosecuting official responsible
for the case. Contemporaneously or as soon after making the
disclosure as possible, the Federal law enforcement official shall
notify the prosecuting official responsible for the case in order
to facilitate notice to the court, if necessary or appropriate.

Requests for Additional Information and Amplification on Initial
Disclosure.
a.

Initial disclosure of section 905(a) information to Recipients
shall be accomplished automatically and without specific prior
request to the disclosing department, component, or agency.

b.

Requests by any Recipient for additional information or for
clarification or amplification related to the initial disclosure
should be coordinated, as applicable, through the component
that provided the initial information or the designated
636

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
headquarters office of the relevant Federal law enforcement
agency.
7

8.

Disclosure of Grand Jury and Electronic, Wire, and Oral Interception
Information.
a.

Sections 203(a) and (b) of the USA PATRIOT Act permit the
disclosure of federal grand jury information and electronic, wire
and oral interception information to specified recipients for
specified purposes (hereinafter “section 203 information”).

b.

Where section 203 information is shared pursuant to Paragraph
5, notice of such disclosures shall be promptly provided to the
Office of Enforcement Operations (OEO) of the Department of
Justice, Criminal Division. OEO shall establish appropriate
record keeping procedures to ensure compliance with notice
requirements related to the disclosure of grand jury information
pursuant to section 203.

c.

The USA PATRIOT Act requires special procedures for the
disclosure of section 203 information that identifies United
States persons. The Federal law enforcement agency disclosing
section 203 information pursuant to these guidelines shall
observe the procedures established by the Attorney General for
disclosing such information that identifies a United States
person. A copy of the section 203 United States person
information procedures is attached as Appendix B.

d.

By these guidelines the special procedures that were established
pursuant to section 203(c) are made applicable to all section 905
(a) disclosures of information that identify a United States
person.

Information Use Restrictions.
a. In the absence of any significant law enforcement interests, as
identified below in paragraph 8(b), necessitating the imposition
of use restrictions, Federal Law Enforcement Agencies shall
disclose section 905(a) information to Recipients pursuant to
these guidelines free of any originator controls or information
use restrictions.
637

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
b. The originator of the section 905(a) information may impose
appropriate use restrictions necessary to protect sensitive law
enforcement sources and ongoing criminal investigations and
prosecutions. The scope and duration of such restrictions,
including caveats restricting use of the disclosed information to a
particular level or element of the intelligence community, will be
tailored to address the particular situation or subject matter
involved.
i.

When imposed, use restrictions shall be no more
restrictive than necessary to accomplish the desired
effect.

ii.

Once imposed, use restrictions shall be reviewed
periodically by the originator to determine whether
they can be narrowed or lifted at the request of
Recipients.

c. Section 203 information shall be disclosed subject to any use
restrictions necessary to comply with notice and record keeping
requirements and to protect sensitive law enforcement sources
and ongoing criminal investigations and prosecutions.
9.

Attorney General Exceptions to Mandatory Disclosure of Section
905 Information.
a. Section 905(a) expressly authorizes the Attorney General, in
consultation with the Director, to exempt by regulation from the
mandatory disclosure obligation one or more classes of foreign
intelligence or foreign intelligence related to one or more targets
or matters.
b. Pending the development of appropriate permanent exceptions,
exemptions from the mandatory disclosure obligation will be
determined by the Attorney General in consultation with the
Director and the Assistant to the President for Homeland
Security on a case-by-case basis.
c. Requests for an Attorney General exception to mandatory
disclosure of section 905(a) information must be submitted by
638

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION
the department, component or agency head in writing with a
complete description of the facts and circumstances giving rise
to the need for an exception and why lesser measures such as use
restrictions are not adequate.
10.

Administering Agent. The Assistant Attorney General of the
Criminal Division, in consultation with affected Agencies, Offices
and Divisions of the Department of Justice, will act as executive
agent for the Attorney General in administering these guidelines and
providing advice and assistance to Federal law enforcement
regarding the implementation of sections 203 and 905.

11.

No Private Rights Created. These procedures are not intended to and
do not create and rights, privileges, or benefits, substantive or
procedural, enforceable by any party against the United States, its
departments, agencies, or other entities, its officers or employees, or
any other person

12.

Effective Immediately. The guidelines in this memorandum shall be
effective immediately.

APPENDICES:
A.
Extract Copy of Section 905
Procedures for Marking, Handling and Disclosing Information that Identifies a
United States Person.

639

ATTORNEY GENERAL’S SECTION 905(A) GUIDELINES REGARDING DISCLOSURE
OF FOREIGN INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION

640

ATTORNEY GENERAL’S SECTION 905(B) GUIDELINES REGARDING REPORTS OF
POSSIBLE CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES
GUIDELINES REGARDING PROMPT HANDLING OF REPORTS
OF POSSIBLE CRIMINAL ACTIVITY INVOLVING
FOREIGN INTELLIGENCE SOURCES
–––––––––
OFFICE OF THE ATTORNEY GENERAL
WASHINGTON, DC 20530
September 23, 2002
MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS
FROM THE ATTORNEY GENERAL -/S/-John Ashcroft
SUBJECT: Guidelines Regarding Prompt Handling of Reports of Possible
Criminal Activity Involving Foreign Intelligence Sources
Section 905(b) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT) Act of 2001, Pub. L. 107-56, 115 Stat. 272,389, requires the Attorney
General to develop guidelines to ensure that the Department of Justice responds
within a reasonable period of time to reports from the intelligence community of
possible criminal activity involving foreign intelligence sources or potential
foreign intelligence sources. See 50 U.S.C. §403-5b(b). This memorandum
establishes procedures to administer the requirement so f section 905 (b).
Pursuant to section 1.7(a) of Executive Order 12333; 28 U.S.C. §535(b);
and the 1995 Memorandum of Understanding: Reporting of Information
Concerning Federal Crimes (“1995 MOU”) between the Department of Justice
and members of the intelligence community (Attachment A hereto), the
intelligence community is required, inter alia, to report to the Assistant Attorney
General or a designated Deputy Assistant Attorney General of the Criminal
Division information that it has collected in the performance of its intelligence
activities concerning possible federal crimes by employees of an intelligence
agency and violations of specified federal criminal laws by any other person.
This reporting requirement extends to matters in which the intelligence
community agency determines that investigation or prosecution of the matter
“may result in a public disclosure of classified information or intelligence
sources or methods or would jeopardize the security of ongoing intelligence
operations.” 1995 MOU at 9

641

ATTORNEY GENERAL’S SECTION 905(B) GUIDELINES REGARDING REPORTS OF
POSSIBLE CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES
Upon receipt of a report of possible criminal activity pursuant to the
1995 MOU, the designated Deputy Assistant Attorney General shall refer the
possible crime report to the appropriate component within the Department of
Justice for review, including a determination of whether to commence or decline
to commence a criminal investigation.
Section 905(b) reflects a recognition that when the possible criminal
activities involve a foreign intelligence source or potential foreign intelligence
source, the referring intelligence community agency may have a strong interest in
knowing on an expedited basis whether the Department of Justice intends to
investigate potential crimes.
Accordingly, I hereby direct that, when an intelligence community
agency making such a possible crime report (all of which fall within the scope of
and therefore should be made pursuant to the 1995 MOU) to the Criminal
Division of the Department:
(1) notifies the Assistant Attorney General or designated Deputy Assistant
Attorney General 1 that the possible crime report involves activity of a foreign
intelligence source or potential foreign intelligence source; and
(2) requests an expedited determination of the Department of Justice’s intent to
commence or decline to commence a criminal investigation,
the designated Deputy Assistant Attorney General and/or another
attorney within the Criminal Division or other relevant component of the
Department shall expeditiously confer with the referring intelligence community
agency about the possible criminal activity, the reasons for the time sensitivity,
and the nature and extent of the intelligence equities that may be affected by a
decision to commence or decline to commence a criminal investigation of the
reported activity. Upon receipt of the report, the designated Deputy Assistant
Attorney General shall determine whether immediate contact with the referring
agency is necessary. If a need for immediate contact is not established, an
appropriate Department attorney will be made available for an initial contact with
the referring intelligence community agency within seven days of the receipt of
the report requesting an expedited determination.
1

The notification should be documented in writing, consistent with the procedures set
forth in the 1995 Memorandum of Understanding governing the reporting by the
intelligence community of possible criminal activity to the Department of Justice.

642

ATTORNEY GENERAL’S SECTION 905(B) GUIDELINES REGARDING REPORTS OF
POSSIBLE CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES
After conferencing with the referencing agency, receiving any necessary
additional information, and consulting with other appropriate Department
components, the Assistant Attorney General or the designated Deputy Assistant
Attorney General of the Criminal Division or another appropriate Department
attorney shall inform the referring agency within a reasonable period of time
whether the Department intends to commence or decline t o commence a
criminal investigation of the conduct described in the crime report. In all cases,
Department attorneys shall take into account any special time urgency associated
with the intelligence community agency’s intelligence equities or the possible
criminal activity and, if necessary, provide notice of the prosecutorial decision on
a highly expedited basis. Except in extraordinary circumstances, the referencing
agency should be informed within 30 days. Extraordinary circumstances
requiring more than 30 days may include situations where the case is of unusual
complexity or where information necessary for a prosecutorial decision is
unavailable.
These procedures are not intended to and do not create any rights,
privileges, or benefits, substantive or procedural, enforceable by any party
against the United State, its departments, agencies, or other entities, its officers or
employees, or any other person.
The guidelines in this memorandum shall be effective immediately.

643

ATTORNEY GENERAL’S SECTION 905(B) GUIDELINES REGARDING REPORTS OF
POSSIBLE CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES

644

WHITE HOUSE MEMORANDUM ON THE
TERRORISM INFORMATION SHARING ENVIRONMENT
STRENGTHENING INFORMATION SHARING, ACCESS, AND
INTEGRATION B ORGANIZATIONAL, MANAGEMENT, AND
POLICY DEVELOPMENT STRUCTURES FOR CREATING THE
TERRORISM INFORMATION SHARING ENVIRONMENT
–––––––––
THE WHITE HOUSE
June 2, 2005
MEMORANDUM FOR THE HEADS OF EXECUTIVE
DEPARTMENTS AND AGENCIES
SUBJECT: Strengthening Information Sharing, Access, and Integration B
Organizational, Management, and Policy Development Structures for Creating
the Terrorism Information Sharing Environment
The Federal Government collects information pursuant to law for many purposes,
including to protect the Nation against international terrorism and other threats to
the Nation’s safety and well-being. The Federal Government faces great
challenges in ensuring timely, effective, and lawful collection, processing,
analysis, and dissemination of such information. It is of particular importance to
ensure that Federal agencies have appropriate access to the information they need
to perform their homeland security, diplomatic, defense, foreign intelligence, and
law enforcement functions, and that State, local, and tribal authorities have
appropriate access to the information they need to perform their homeland
security functions. Ensuring appropriate sharing and integration of and access to
information, while protecting information privacy rights and other legal rights of
Americans, remains a high priority for the United States and a necessity for
winning the war on terror.
Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) (IRTPA) calls for the creation of an “Information Sharing
Environment” to provide for Federal, State, local, and tribal access as appropriate
to terrorism information and for the designation of a program manager
“responsible for information sharing across the Federal Government.” Section
1016 supplements section 892 of the Homeland Security Act of 2002 (Public
Law 107-296), and Executive Orders 13311 of July 29, 2003, and 13356 of
August 27, 2004, and other Presidential guidance, which address various aspects
of information access. On April 15, 2005, I designated the program manager
(PM) consistent with section 1016(f) of IRTPA, and on April 21, 2005, my

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WHITE HOUSE MEMORANDUM ON THE
TERRORISM INFORMATION SHARING ENVIRONMENT
memorandum entitled “Effective Dates of Provisions in Title I of the Intelligence
Reform and Terrorism Prevention Act of 2004” placed section 1016 in effect.
The Commission on the Intelligence Capabilities of the United States Regarding
Weapons of Mass Destruction (Commission), in its report of March 31, 2005
(Chapter 9), stated that “[t]he confused lines of authority over information
sharing created by the intelligence reform act should be resolved.” To that end,
the Commission recommended that “[t]he overlapping authorities of the
[Director of National Intelligence (DNI)] and the Program Manager should be
reconciled and coordinated—a result most likely to be achieved by requiring the
program manager to report to the DNI.”
Consistent with the Constitution and the laws of the United States, including
section 103 of the National Security Act of 1947 and sections 1016 and 1018 of
IRTPA, and taking appropriate account of the recommendations of the
Commission, I hereby direct as follows:
1. The DNI shall promptly designate the PM, and all personnel, funds, and
other resources assigned to the PM, as part of the Office of the Director
of National Intelligence (ODNI) pursuant to section 103(c)(9) of the
National Security Act of 1947 and shall administer the PM and related
resources as part of the ODNI throughout the initial 2-year term of the
PM’s office.
2. During the initial 2-year term of the PM’s office, the DNI:
a. shall exercise authority, direction, and control over the PM;
b. shall ensure that the PM carries out the functions of the PM
under section 1016 of IRTPA and this memorandum—
i. in a manner that facilitates the effective accomplishment
of Federal homeland security, diplomatic, defense,
foreign intelligence, and law enforcement functions and
that facilitates provision to State, local, and tribal
authorities of appropriate access to information they
need to perform their homeland security functions; and
ii. consistent with applicable law and Presidential guidance
relating to information access, including Executive
Orders 13311 and 13356; and
c. shall ensure that the PM has employed by, or assigned or
detailed to his office personnel with substantial information
sharing experience relating to homeland security, national
defense, law enforcement, and State and local governments to
the maximum extent possible;

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TERRORISM INFORMATION SHARING ENVIRONMENT
3. Heads of executive departments and agencies shall, to the extent
permitted by law and pursuant to section 1016(i) of IRTPA, provide
assistance and information to the DNI and the PM in the implementation
of this memorandum.
4. This memorandum:
a. shall be implemented in a manner consistent with applicable law,
including Federal law protecting the information privacy and
other legal rights of Americans, and subject to the availability of
appropriations;
b. shall be implemented in a manner consistent with the statutory
authority of the principal officers of departments and agencies as
heads of their respective departments or agencies;
c. shall not be construed to impair or otherwise affect the functions
of the Director of the Office of Management and Budget relating
to budget, administrative, and legislative proposals; and
d. is intended only to improve the internal management of the
Federal Government and is not intended to, and does not, create
any rights or benefits, substantive or procedural, enforceable at
law or in equity by a party against the United States, its
departments, agencies, or entities, its officers, employees, or
agencies, or any other person.
GEORGE W. BUSH
###

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WHITE HOUSE MEMORANDUM ON THE
TERRORISM INFORMATION SHARING ENVIRONMENT

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WHITE HOUSE MEMORANDUM ON THE INFORMATION SHARING ENVIRONMENT
GUIDELINES AND REQUIREMENTS IN SUPPORT OF
THE INFORMATION SHARING ENVIRONMENT
–––––––––
THE WHITE HOUSE
December 16, 2005
MEMORANDUM FOR THE HEADS OF EXECUTIVE
DEPARTMENTS AND AGENCIES
SUBJECT: Guidelines and Requirements in Support of the Information Sharing
Environment
Ensuring the appropriate access to, and the sharing, integration, and use of,
information by Federal, State, local, and tribal agencies with counterterrorism
responsibilities, and, as appropriate, private sector entities, while protecting the
information privacy and other legal rights of Americans, remains a high priority
for the United States and a necessity for winning the war on terror. Consistent
with section 1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108 458) (IRTPA), my Administration is working to create an
Information Sharing Environment (ISE) to facilitate the sharing of terrorism
information (as defined in Executive Order 13388 of October 25, 2005).
Section 1016 of IRTPA supplements section 892 of the Homeland Security Act
of 2002 (Public Law 107 296), Executive Order 13311 of July 29, 2003, and
other Presidential guidance, which address various aspects of information access.
On April 15, 2005, consistent with section 1016(f) of IRTPA, I designated the
program manager (PM) responsible for information sharing across the Federal
Government. On June 2, 2005, my memorandum entitled “Strengthening
Information Sharing, Access, and Integration - Organizational, Management, and
Policy Development Structures for Creating the Terrorism Information Sharing
Environment” directed that the PM and his office be part of the Office of the
Director of National Intelligence (DNI), and that the DNI exercise authority,
direction, and control over the PM and ensure that the PM carries out his
responsibilities under IRTPA. On October 25, 2005, I issued Executive Order
13388 to facilitate the work of the PM and the expeditious establishment of the
ISE and restructure the Information Sharing Council (ISC), which provides
advice concerning and assists in the establishment, implementation, and
maintenance of the ISE.

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On June 2, 2005, I also established the Information Sharing Policy Coordination
Committee (ISPCC), which is chaired jointly by the Homeland Security Council
(HSC) and the National Security Council (NSC), and which has the
responsibilities set forth in section D of Homeland Security Presidential Directive
1 and other relevant presidential guidance with respect to information sharing.
The ISPCC is the main day-to-day forum for interagency coordination of
information sharing policy, including the resolution of issues raised by the PM,
and provides policy analysis and recommendations for consideration by the more
senior committees of the HSC and NSC systems and ensures timely responses.
Section 1016(d) of IRTPA calls for leveraging all ongoing efforts consistent with
establishing the ISE, the issuance of guidelines for acquiring, accessing, sharing,
and using information in support of the ISE and for protecting privacy and civil
liberties in the development of the ISE, and the promotion of a culture of
information sharing. Consistent with the Constitution and the laws of the United
States, including section 103 of the National Security Act of 1947, as amended,
and sections 1016 and 1018 of IRTPA, I hereby direct as follows:
1. Leveraging Ongoing Information Sharing Efforts in the Development of the
ISE. The ISE shall build upon existing Federal Government policies, standards,
procedures, programs, systems, and architectures (collectively “resources”) used
for the sharing and integration of and access to terrorism information, and shall
leverage those resources to the maximum extent practicable, with the objective of
establishing a decentralized, comprehensive, and coordinated environment for the
sharing and integration of such information.
a. The DNI shall direct the PM to conduct and complete, within 90 days after the
date of this memorandum, in consultation with the ISC, a comprehensive
evaluation of existing resources pertaining to terrorism information sharing
employed by individual or multiple executive departments and agencies. Such
evaluation shall assess such resources for their utility and integrative potential in
furtherance of the establishment of the ISE and shall identify any unnecessary
redundancies.
b. To ensure that the ISE supports the needs of executive departments and
agencies with counterterrorism responsibilities, and consistent with section 1021
of IRTPA, the DNI shall direct the PM, jointly with the Director of the National
Counterterrorism Center (NCTC), and in coordination with the heads of relevant
executive departments and agencies, to review and identify the respective
missions, roles, and responsibilities of such executive departments and agencies,
both as producers and users of terrorism information, relating to the acquisition,
access, retention, production, use, management, and sharing of terrorism

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WHITE HOUSE MEMORANDUM ON THE INFORMATION SHARING ENVIRONMENT
information. The findings shall be reviewed through the interagency policy
coordination process, and any recommendations for the further definition,
reconciliation, or alteration of such missions, roles, and responsibilities shall be
submitted, within 180 days after the date of this memorandum, by the DNI to the
President for approval through the Assistant to the President for Homeland
Security and Counterterrorism (APHS-CT) and the Assistant to the President for
National Security Affairs (APNSA). This effort shall be coordinated as
appropriate with the tasks assigned under the Guidelines set forth in section 2 of
this memorandum.
c. Upon the submission of findings as directed in the preceding paragraph (1(b)),
the DNI shall direct the PM, in consultation with the ISC, to develop, in a manner
consistent with applicable law, the policies, procedures, and architectures needed
to create the ISE, which shall support the counterterrorism missions, roles, and
responsibilities of executive departments and agencies. These policies,
procedures, and architectures shall be reviewed through the interagency policy
coordination process, and shall be submitted, within 180 days after the
submission of findings as directed in the preceding paragraph (1(b)), by the DNI
to the President for approval through the APHS-CT and the APNSA.
2. Information Sharing Guidelines. Consistent with section 1016(d) of IRTPA, I
hereby issue the following guidelines and related requirements, the
implementation of which shall be conducted in consultation with, and with
support from, the PM as directed by the DNI:
a. Guideline 1 - Define Common Standards for How Information is Acquired,
Accessed, Shared, and Used Within the ISE
The ISE must, to the extent possible, be supported by common standards that
maximize the acquisition, access, retention, production, use, management, and
sharing of terrorism information within the ISE consistent with the protection of
intelligence, law enforcement, protective, and military sources, methods, and
activities.
Consistent with Executive Order 13388 and IRTPA, the DNI, in coordination
with the Secretaries of State, Defense, and Homeland Security, and the Attorney
General, shall develop and issue, within 90 days after the date of this
memorandum, common standards (i) for preparing terrorism information for
maximum distribution and access, (ii) to enable the acquisition, access, retention,
production, use, management, and sharing of terrorism information within the
ISE while safeguarding such information and protecting sources and methods
from unauthorized use or disclosure, (iii) for implementing legal requirements

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WHITE HOUSE MEMORANDUM ON THE INFORMATION SHARING ENVIRONMENT
relating to the handling of specific types of information, and (iv) that include the
appropriate method for the Government-wide adoption and implementation of
such standards. Such standards shall accommodate and reflect the sharing of
terrorism information, as appropriate, with State, local, and tribal governments,
law enforcement agencies, and the private sector. Within 90 days after the
issuance of such standards, the Secretary of Homeland Security and the Attorney
General shall jointly disseminate such standards for use by State, local, and tribal
governments, law enforcement agencies, and the private sector, on a mandatory
basis where possible and a voluntary basis where not. The DNI may amend the
common standards from time to time as appropriate through the same process by
which the DNI issued them.
b. Guideline 2 - Develop a Common Framework for the Sharing of Information
Between and Among Executive Departments and Agencies and State, Local, and
Tribal Governments, Law Enforcement Agencies, and the Private Sector
Recognizing that the war on terror must be a national effort, State, local, and
tribal governments, law enforcement agencies, and the private sector must have
the opportunity to participate as full partners in the ISE, to the extent consistent
with applicable laws and executive orders and directives, the protection of
national security, and the protection of the information privacy rights and other
legal rights of Americans.
Within 180 days after the date of this memorandum, the Secretary of Homeland
Security and the Attorney General, in consultation with the Secretaries of State,
Defense, and Health and Human Services, and the DNI, and consistent with the
findings of the counterterrorism missions, roles, and responsibilities review under
section 1 of this memorandum, shall:
(i) perform a comprehensive review of the authorities and responsibilities of
executive departments and agencies regarding information sharing with State,
local, and tribal governments, law enforcement agencies, and the private sector;
and
(ii) submit to the President for approval, through the APHS-CT and the APNSA,
a recommended framework to govern the roles and responsibilities of executive
departments and agencies pertaining to the acquisition, access, retention,
production, use, management, and sharing of homeland security information, law
enforcement information, and terrorism information between and among such
departments and agencies and State, local, and tribal governments, law
enforcement agencies, and private sector entities.

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WHITE HOUSE MEMORANDUM ON THE INFORMATION SHARING ENVIRONMENT
c. Guideline 3 - Standardize Procedures for Sensitive But Unclassified
Information
To promote and enhance the effective and efficient acquisition, access, retention,
production, use, management, and sharing of Sensitive But Unclassified (SBU)
information, including homeland security information, law enforcement
information, and terrorism information, procedures and standards for designating,
marking, and handling SBU information (collectively “SBU procedures”) must
be standardized across the Federal Government. SBU procedures must promote
appropriate and consistent safeguarding of the information and must be
appropriately shared with, and accommodate and reflect the imperative for timely
and accurate dissemination of terrorism information to, State, local, and tribal
governments, law enforcement agencies, and private sector entities. This effort
must be consistent with Executive Orders 13311 and 13388, section 892 of the
Homeland Security Act of 2002, section 1016 of IRTPA, section 102A of the
National Security Act of 1947, the Freedom of Information Act, the Privacy Act
of 1974, and other applicable laws and executive orders and directives.
(i) Within 90 days after the date of this memorandum, each executive department
and agency will conduct an inventory of its SBU procedures, determine the
underlying authority for each entry in the inventory, and provide an assessment
of the effectiveness of its existing SBU procedures. The results of each inventory
shall be reported to the DNI, who shall provide the compiled results to the
Secretary of Homeland Security and the Attorney General.
(ii) Within 90 days after receiving the compiled results of the inventories
required under the preceding paragraph (i), the Secretary of Homeland Security
and the Attorney General, in coordination with the Secretaries of State, Defense,
and Energy, and the DNI, shall submit to the President for approval
recommendations for the standardization of SBU procedures for homeland
security information, law enforcement information, and terrorism information in
the manner described in paragraph (iv) below.
(iii) Within 1 year after the date of this memorandum, the DNI, in coordination
with the Secretaries of State, the Treasury, Defense, Commerce, Energy,
Homeland Security, Health and Human Services, and the Attorney General, and
in consultation with all other heads of relevant executive departments and
agencies, shall submit to the President for approval recommendations for the
standardization of SBU procedures for all types of information not addressed by
the preceding paragraph (ii) in the manner described in paragraph (iv) below.
(iv) All recommendations required to be submitted to the President under this
Guideline shall be submitted through the Director of the Office of Management

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WHITE HOUSE MEMORANDUM ON THE INFORMATION SHARING ENVIRONMENT
and Budget (OMB), the APHS-CT, and the APNSA, as a report that contains the
following:
(A) recommendations for government-wide policies and procedures to
standardize SBU procedures;
(B) recommendations, as appropriate, for legislative, policy, regulatory, and
administrative changes; and
(C) an assessment by each department and agency participating in the SBU
procedures review process of the costs and budgetary considerations for all
proposed changes to marking conventions, handling caveats, and other
procedures pertaining to SBU information.
(v) Upon the approval by the President of the recommendations submitted under
this Guideline, heads of executive departments and agencies shall ensure on an
ongoing basis that such recommendations are fully implemented in such
department or agency, as applicable. The DNI shall direct the PM to support
executive departments and agencies in such implementation, as well as in the
development of relevant guidance and training programs for the standardized
SBU procedures.
d. Guideline 4 - Facilitate Information Sharing Between Executive Departments
and Agencies and Foreign Partners
The ISE must support and facilitate appropriate terrorism information sharing
between executive departments and agencies and foreign partners and allies. To
that end, policies and procedures to facilitate such informational access and
exchange, including those relating to the handling of information received from
foreign governments, must be established consistent with applicable laws and
executive orders and directives.
Within 180 days after the date of this memorandum, the Secretary of State, in
coordination with the Secretaries of Defense, the Treasury, Commerce, and
Homeland Security, the Attorney General, and the DNI, shall review existing
authorities and submit to the President for approval, through the APHS-CT and
the APNSA, recommendations for appropriate legislative, administrative, and
policy changes to facilitate the sharing of terrorism information with foreign
partners and allies, except for those activities conducted pursuant to sections
102A(k), 104A(f), and 119(f)(1)(E) of the National Security Act of 1947.

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WHITE HOUSE MEMORANDUM ON THE INFORMATION SHARING ENVIRONMENT
e. Guideline 5 - Protect the Information Privacy Rights and Other Legal Rights of
Americans
As recognized in Executive Order 13353 of August 27, 2004, the Federal
Government has a solemn obligation, and must continue fully, to protect the legal
rights of all Americans in the effective performance of national security and
homeland security functions. Accordingly, in the development and use of the
ISE, the information privacy rights and other legal rights of Americans must be
protected.
(i) Within 180 days after the date of this memorandum, the Attorney General and
the DNI, in coordination with the heads of executive departments and agencies
that possess or use intelligence or terrorism information, shall (A) conduct a
review of current executive department and agency information sharing policies
and procedures regarding the protection of information privacy and other legal
rights of Americans, (B) develop guidelines designed to be implemented by
executive departments and agencies to ensure that the information privacy and
other legal rights of Americans are protected in the development and use of the
ISE, including in the acquisition, access, use, and storage of personally
identifiable information, and (C) submit such guidelines to the President for
approval through the Director of OMB, the APHS-CT, and the APNSA. Such
guidelines shall not be inconsistent with Executive Order 12333 and guidance
issued pursuant to that order.
(ii) Each head of an executive department or agency that possesses or uses
intelligence or terrorism information shall ensure on an ongoing basis that (A)
appropriate personnel, structures, training, and technologies are in place to ensure
that terrorism information is shared in a manner that protects the information
privacy and other legal rights of Americans, and (B) upon approval by the
President of the guidelines developed under the preceding subsection (i), such
guidelines are fully implemented in such department or agency.
3. Promoting a Culture of Information Sharing. Heads of executive departments
and agencies must actively work to create a culture of information sharing within
their respective departments or agencies by assigning personnel and dedicating
resources to terrorism information sharing, by reducing disincentives to such
sharing, and by holding their senior managers and officials accountable for
improved and increased sharing of such information.
Accordingly, each head of an executive department or agency that possesses or
uses intelligence or terrorism information shall:
a. within 90 days after the date of this memorandum, designate a senior official
who possesses knowledge of the operational and policy aspects of information

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sharing to (i) provide accountability and oversight for terrorism information
sharing within such department and agency, (ii) work with the PM, in
consultation with the ISC, to develop high level information sharing performance
measures for the department or agency to be assessed no less than semiannually,
and (iii) provide, through the department or agency head, an annual report to the
DNI on best practices of and remaining barriers to optimal terrorism information
sharing;
b. within 180 days after the date of this memorandum, develop and issue
guidelines, provide training and incentives, and hold relevant personnel
accountable for the improved and increased sharing of terrorism information.
Such guidelines and training shall seek to reduce obstructions to sharing,
consistent with applicable laws and regulations. Accountability efforts shall
include the requirement to add a performance evaluation element on information
sharing to employees’ annual Performance Appraisal Review, as appropriate, and
shall focus on the sharing of information that supports the mission of the
recipient of the information; and
c. bring to the attention of the Attorney General and the DNI, on an ongoing
basis, any restriction contained in a rule, regulation, executive order or directive
that significantly impedes the sharing of terrorism information and that such
department or agency head believes is not required by applicable laws or to
protect the information privacy rights and other legal rights of Americans. The
Attorney General and the DNI shall review such restriction and jointly submit
any recommendations for changes to such restriction to the APHS-CT and the
APNSA for further review.
4. Heads of executive departments and agencies shall, to the extent permitted by
law and subject to the availability of appropriations, provide assistance and
information to the DNI and the PM in the implementation of this memorandum.
5. This memorandum:
a. shall be implemented in a manner consistent with applicable laws, including
Federal laws protecting the information privacy rights and other legal rights of
Americans, and subject to the availability of appropriations;
b. shall be implemented in a manner consistent with the statutory authority of the
principal officers of executive departments and agencies as heads of their
respective departments or agencies;

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c. shall not be construed to impair or otherwise affect the functions of the
Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals; and
d. is intended only to improve the internal management of the Federal
Government and is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, or entities, its officers, employees, or
agencies, or any other person.
GEORGE W. BUSH
###

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WHITE HOUSE MEMORANDUM ON THE INFORMATION SHARING ENVIRONMENT

658

INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES
GUIDELINES TO ENSURE THAT THE INFORMATION PRIVACY
AND OTHER LEGAL RIGHTS OF AMERICANS ARE PROTECTED
IN THE DEVELOPMENT AND USE OF THE
INFORMATION SHARING ENVIRONMENT
1. BACKGROUND AND APPLICABILITY.
a. BACKGROUND. Section 1016(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA) calls for the issuance of guidelines to
protect privacy and civil liberties in the development and use of the
“information sharing environment” (ISE). Section 1 of Executive Order
13388, Further Strengthening the Sharing of Terrorism Information to
Protect Americans, provides that, “[t]o the maximum extent consistent with
applicable law, agencies shall … give the highest priority to … the
interchange of terrorism information among agencies … [and shall] protect
the freedom, information privacy, and other legal rights of Americans in the
conduct of [such] activities ….” These Guidelines implement the
requirements under the IRTPA and EO 13388 to protect information privacy
rights and provide other legal protections relating to civil liberties and the
legal rights of Americans in the development and use of the ISE.
b. Applicability. These Guidelines apply to information about United States
citizens and lawful permanent residents that is subject to information privacy
or other legal protections under the Constitution and Federal laws of the
United States (“protected information”). For the intelligence community,
protected information includes information about “United States persons” as
defined in Executive Order 12333. Protected information may also include
other information that the U.S. Government expressly determines by
Executive Order, international agreement, or other similar instrument, should
be covered by these Guidelines.
2. COMPLIANCE WITH LAWS.
a. General. In the development and use of the ISE, all agencies shall, without
exception, comply with the Constitution and all applicable laws and
Executive Orders relating to protected information.
b. RULES ASSESSMENT. Each agency shall implement an ongoing process for
identifying and assessing the laws, Executive Orders, policies, and
procedures that apply to the protected information that it will make available
or access through the ISE. Each agency shall identify, document, and comply
with any legal restrictions applicable to such information. Each agency shall
adopt internal policies and procedures requiring it to:
(i) only seek or retain protected information that is legally permissible
for the agency to seek or retain under the laws, regulations, policies, and
executive orders applicable to the agency; and

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(ii) ensure that the protected information that the agency makes available
through the ISE has been lawfully obtained by the agency and may be
lawfully made available through the ISE.
c. CHANGES. If, as part of its rules assessment process, an agency:
(i) identifies an issue that poses a significant risk to information privacy
rights or other legal protections, it shall as appropriate develop policies
and procedures to provide protections that address that issue;
(ii) identifies a restriction on sharing protected information imposed by
internal agency policy, that significantly impedes the sharing of terrorism
information, homeland security information, or law enforcement
information (as defined in Section 13 below) in a manner that does not
appear to be required by applicable laws or to protect information
privacy rights or provide other legal protections, it shall review the
advisability of maintaining such restriction;
(iii) identifies a restriction on sharing protected information, other than
one imposed by internal agency policy, that significantly impedes the
sharing of information in a manner that does not appear to be required to
protect information privacy rights or provide other legal protections, it
shall review such restriction with the ISE Privacy Guidelines Committee
(described in Section 12 below), and if an appropriate internal resolution
cannot be developed, bring such restriction to the attention of the
Attorney General and the Director of National Intelligence (DNI). The
Attorney General and the DNI shall review any such restriction and
jointly submit any recommendations for changes to such restriction to the
Assistant to the President for Homeland Security and Counterterrorism,
the Assistant to the President for National Security Affairs, and the
Director of the Office of Management and Budget for further review.
3. PURPOSE SPECIFICATION.
Protected information should be shared through the ISE only if it is terrorism
information, homeland security information, or law enforcement information
(as defined in Section 13 below). Each agency shall adopt internal policies
and procedures requiring it to ensure that the agency’s access to and use of
protected information available through the ISE is consistent with the
authorized purpose of the ISE.
4. IDENTIFICATION OF PROTECTED INFORMATION TO BE SHARED THROUGH
THE ISE.
a. IDENTIFICATION AND PRIOR REVIEW. In order to facilitate compliance
with these Guidelines, particularly Section 2 (Compliance with Laws) and
Section 3 (Purpose Specification), each agency shall identify its data
holdings that contain protected information to be shared through the ISE, and

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shall put in place such mechanisms as may be reasonably feasible to ensure
that protected information has been reviewed pursuant to these Guidelines
before it is made available to the ISE.
b. NOTICE MECHANISMS. Consistent with guidance and standards to be
issued for the ISE, each agency shall put in place a mechanism for enabling
ISE participants to determine the nature of the protected information hat the
agency is making available to the ISE, so that such participants can handle
the information in accordance with applicable legal requirements.
Specifically, such a mechanism will, to the extent reasonably feasible and
consistent with the agency’s legal authorities and mission requirements,
allow for ISE participants to determine whether:
(i) the information pertains to a United States citizen or lawful permanent
resident;
(ii) the information is subject to specific information privacy or other
similar restrictions on access, use or disclosure, and if so, the nature of
such restrictions; and
(iii) there are limitations on the reliability or accuracy of the information.
5. DATA QUALITY.
a. ACCURACY. Each agency shall adopt and implement procedures, as
appropriate, to facilitate the prevention, identification, and correction of any
errors in protected information with the objective of ensuring that such
information is accurate and has not erroneously been shared through the ISE.
b. NOTICE OF ERRORS. Each agency, consistent with its legal authorities and
mission requirements, shall ensure that when it determines that protected
information originating from another agency may be erroneous, includes
incorrectly merged information, or lacks adequate context such that the rights
of the individual may be affected, the potential error or deficiency will be
communicated in writing to the other agency’s ISE privacy official (the ISE
privacy officials are described in section 12 below).
c. PROCEDURES. Each agency, consistent with its legal authorities and
mission requirements, shall adopt and implement policies and procedures
with respect to the ISE requiring the agency to:
(i) take appropriate steps, when merging protected information about an
individual from two or more sources, to ensure that the information is
about the same individual;
(ii) investigate in a timely manner alleged errors and deficiencies and
correct, delete, or refrain from using protected information found to be
erroneous or deficient; and
(iii) retain protected information only so long as it is relevant and timely
for appropriate use by the agency, and update, delete, or refrain from

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using protected information that is outdated or otherwise irrelevant for
such use.
6. Data Security.
Each agency shall use appropriate physical, technical, and administrative
measures to safeguard protected information shared through the ISE from
unauthorized access, disclosure, modification, use, or destruction.
7. Accountability, Enforcement and Audit.
a. PROCEDURES. Each agency shall modify existing policies and procedures
or adopt new ones as appropriate, requiring the agency to:
(i) have and enforce policies for reporting, investigating, and responding
to violations of agency policies relating to protected information,
including taking appropriate action when violations are found;
(ii) provide training to personnel authorized to share protected
information through the ISE regarding the agency’s requirements an
policies for collection, use, and disclosure of protected information, and,
as appropriate, for reporting violations of agency privacy protection
policies;
(iii) cooperate with audits and reviews by officials with responsibility for
providing oversight with respect to the ISE; and
(iv) designate each agency’s ISE privacy official to receive reports (or
copies thereof if the agency already has a designated recipient of such
reports) regarding alleged errors in protected information that originate
from that agency.
b. AUDIT. Each agency shall implement adequate review and audit
mechanisms to enable the agency’s ISE privacy official and other authorized
officials to verify that the agency and its personnel are complying with these
Guidelines in the development and use of the SE.
8. Redress.
To the extent consistent with its legal authorities and mission requirements,
each agency shall, with respect to its participation in the development and
use of the ISE, put in place internal procedures to address complaints from
persons regarding protected information about them that is under the
agency’s control.
9. Execution, Training, and Technology.
a. EXECUTION. The ISE privacy official shall be responsible for ensuring that
protections are implemented as appropriate through efforts such as training,
business process changes, and system designs.

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INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES
b. TRAINING. Each agency shall develop an ongoing training program in the
implementation of these Guidelines, and shall provide such training to
agency personnel participating in the development and use of the ISE.
c. TECHNOLOGY. Where reasonably feasible, and consistent with standards
and procedures established for the ISE, each agency shall consider and
implement, as appropriate, privacy enhancing technologies including, but not
limited to, permissioning systems, hashing, data anonymization, immutable
audit logs, and authentication.
10. Awareness.
Each agency shall take steps to facilitate appropriate public awareness of its
policies and procedures for implementing these Guidelines.
11. Non-Federal Entities.
Consistent with any standards and procedures that may be issued to govern
participation in the ISE by State, tribal, and local governments and private
sector entities, the agencies and the PM-ISE will work with non-Federal
entities seeking to access protected information through the ISE to ensure
that such non-Federal entities develop and implement appropriate policies
and procedures that provide protections that are at least as comprehensive as
those contained in these Guidelines.
12. Governance.
a. ISE PRIVACY OFFICIALS. Each agency’s senior official with overall
agency-wide responsibility for information privacy issues (as designated by
statute or executive order, or as otherwise identified in response to OMB
Memorandum M-05-08 dated February 11, 2005), shall directly oversee the
agency’s implementation of and compliance with these Guidelines (the “ISE
privacy official”). If a different official would be better situated to perform
this role, he or she may be so designated by the head of the agency. The ISE
privacy official role may be delegated to separate components within an
agency, such that there could be multiple ISE privacy officials within one
executive department. The ISE privacy official shall be responsible for
ensuring that (i) the agency’s policies, procedures, and systems are
appropriately designed and executed in compliance with these Guidelines,
and (ii) changes are made as necessary. The ISE privacy official should be
familiar with the agency’s activities as they relate to the ISE, possess all
necessary security clearances, and be granted the authority and resources, as
appropriate, to identify and address privacy and other legal issues arising out
of the agency’s participation in the ISE. Such authority should be exercised
in coordination with the agency’s senior ISE official.

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INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES
b. ISE Privacy Guidelines Committee. All agencies will abide by these
Guidelines in their participation in the ISE. The PM shall establish a standing
“ISE Privacy Guidelines Committee” to provide ongoing guidance on the
implementation of these Guidelines, so that, among other things, agencies
follow consistent interpretations of applicable legal requirements, avoid
duplication of effort, share best practices, and have a forum for resolving
issues on an inter-agency basis. The ISE Privacy Guidelines Committee is
not intended to replace legal or policy guidance mechanisms established by
law, executive order, or as part of the ISE, and will as appropriate work
through or in consultation with such other mechanisms. The ISE Privacy
Guidelines Committee shall be chaired by the PM or a senior official
designated by the PM, and will consist of the ISE privacy officials of each
member of the Information Sharing Council. If an issue cannot be resolved
by the ISE Privacy Guidelines Committee, the PM will address the issue
through the established ISE governance process. The ISE Privacy Guidelines
Committee should request legal or policy guidance on questions relating to
the implementation of these Guidelines from those agencies having
responsibility or authorities for issuing guidance on such questions; any such
requested guidance shall be provided promptly by the appropriate agencies.
As the ISE governance process evolves, if a different entity is established or
identified that could more effectively perform the functions of the ISE
Privacy Guidelines Committee, the ISE Privacy Guidelines Committee
structure shall be modified by the PM through such consultation and
coordination as may b required by the ISE governance process, to ensure the
functions and responsibilities of the ISE Privacy Guidelines Committee
remain priorities fully integrated into the overall ISE governance process.
c. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. The Privacy and Civil
Liberties Oversight Board (PCLOB) should be consulted for ongoing advice
regarding the protection of privacy and civil liberties in agencies’
development and us of the ISE. To facilitate the performance of the
PCLOB’s duties, the ISE Privacy Guidelines Committee will serve as a
mechanism for the PCLOB to obtain information from agencies and to
provided advice and guidance consistent with the PCLOB’s statutory
responsibilities. Accordingly, the ISE Privacy Guidelines Committee should
work in consultation with the PCLOB, whose members may attend
Committee meetings, provide advice, and review and comment on guidance
as appropriate.
d. ISE PRIVACY PROTECTION POLICY. Each agency shall develop and
implement a written ISE privacy protection policy that sets forth the
mechanisms, policies, and procedures its personnel will follow in
implementing these Guidelines. Agencies should consult with the ISE

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INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES
Privacy Guidelines Committee as appropriate in the development and
implementation of such policy.
13. General Provisions.
a. DEFINITIONS.
(i) The term “agency” has the meaning set forth for the term “executive
agency” in section 105 of title 5, United States Code, but includes the
Postal Rate Commission and the United States Postal Service and
excludes the Government Accountability Office
(ii) The term “protected information” has the meaning set forth for such
term in paragraph 1(b) of these Guidelines.
(iii) The terms “terrorism information,” ”homeland security
information,” and “law enforcement information” are defined as follows:
(I)”Terrorism information,” consistent with section 1016(a)(4) of
IRTPA means all relating to (A) the existence, organization,
capabilities, plans, intentions, vulnerabilities, means of finance
or material support, or activities of foreign or international
terrorist groups or individuals, or of domestic groups or
individuals involved in transnational terrorism, (B) threats posed
by such groups or individuals to the United States, United States
persons, or United States interests, or to those of other nations,
(C) communications of or by such groups or individuals, or (D)
groups or individuals reasonably believed to be assisting or
associated with such groups or individuals.
(II) “Homeland security information,” as derived from section
482(f)(1) of the Homeland Security Act of 2002, means any
information possessed by a Federal, State, local, or tribal agency
that relates to (A) a threat of terrorist activity, (B) the ability to
prevent, interdict, or disrupt terrorist activity, (C) the
identification or investigation of a suspected terrorist or terrorist
organization or any person, group, or entity associated with or
assisting a suspected terrorist or terrorist organization, or (D) a
planned or actual response to a terrorist act.
(III) “Law enforcement information” for the purposes of the ISE
means any information obtained by or of interest to a law
enforcement agency or official that is (A) related to terrorism or
the security of our homeland and (B) relevant to a law
enforcement mission, including but not limited to information
pertaining to an actual or potential criminal, civil, or
administrative investigation or a foreign intelligence,
counterintelligence, or counterterrorism investigation;
assessment of or response to criminal threats and vulnerabilities;

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INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES
the existence, organization, capabilities, plans, intentions,
vulnerabilities, means, methods, or activities of individuals or
groups involved or suspected of involvement in criminal or
unlawful conduct or assisting or associated with criminal or
unlawful conduct; the existence, identification, detection,
prevention, interdiction, or disruption of, or response to, criminal
acts and violations of the law; identification, apprehension,
prosecution, release, detention, adjudication, supervision, or
rehabilitation of accused persons or criminal offenders; and
victim/witness assistance.
b. The treatment of information as “protected information” under these
Guidelines does not by itself establish that the individual or entity to which
such information pertains does in fact have information privacy or other legal
rights with respect to such information.
c. Heads of executive departments and agencies shall, to the extent permitted
by law and subject to the availability of appropriations, provide the
cooperation, assistance, and information necessary for the implementation of
these Guidelines.
d. These Guidelines:
(i) shall be implemented in a manner consistent with applicable laws and
executive orders, including Federal laws protecting the information
privacy rights and other legal rights of Americans, and subject to the
availability of appropriations;
(ii) shall be implemented in a manner consistent with the statutory
authority of the principal officers of executive departments and agencies
as heads of their respective departments or agencies;
(iii) shall not be construed to impair or otherwise affect the functions of
the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals; and
(iv) are intended only to improve the internal management of the Federal
Government and are not intended to, and do not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity by a
party against the United States, its departments, agencies, or entities, its
officers, employees, or agencies, or any other person.

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MEMORANDUM OF UNDERSTANDING:
REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
I.

Introduction
Section 1.7 (a) of Executive Order (E.O.) 12333 requires senior officials
of the Intelligence Community to—
report to the Attorney General possible violations of the federal criminal
laws by employees and of specified federal criminal laws by any other
person as provided in procedures agreed upon by the Attorney General
and the head of the department or agency concerned, in a manner
consistent with the protection of intelligence sources and Methods, as
specified in those procedures.
Title 28, Unites States Code, Section 535 (b) requires that—
[a]ny information, allegation, or complaint received in a department or
agency of the executive branch of government relating to violations of
title 18 involving Government officers and employees shall be
expeditiously reported to the Attorney General by the head of the
department or agency, unless—
(1) the responsibility to perform an investigation with respect thereto is
specifically assigned otherwise by another provision of law; or
(2) as to any department or agency of the Government, the Attorney
General directors otherwise with respect to a specified class of
information, allegation, or complaint.
This Memorandum of Understanding (MOU) sets forth the procedures
by which each agency and organization within the Intelligence Community shall
report to the Attorney General and to federal investigative agencies information
concerning possible federal crimes by employees of an intelligence agency or
organization, or violations of specified federal criminal laws by any other person,
which information was collected by it during the performance of its designated
intelligence activities, as those activities are defines in E.O. 12333, §§1.8-1.13.
II.

Definitions
“Agency,” as that term is used herein, refers to those agencies and
organizations within the Intelligence Community as defined in E.O.
12333, §3.4(f), but excluding the intelligence elements of the Federal
Bureau of Investigation and the Department of Treasury.
B.
“Employee,” as that term is used herein, means:
A.

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
1. a staff employee, contract employee, asset, or other person or entity
providing service to or acting on behalf of any agency within the
intelligence community;
2. a former officer or employee of any agency within the intelligence
community for purposes of an offense committed during such
person’s employment, and for purposes of an offense involving a
violation of 18 U.S.C. §207 (Conflict of interest); and
3. any other Government employee on detail to the Agency.
C.
“General Counsel” means the general counsel of the Agency or of
the Department of which it is a component or an oversight person
designated by such person to act on his/her behalf, and for purposes
of these procedures may include an Inspector General or equivalent
official if agency or departmental procedures so require or if
designated by the agency or department head.
D.
“Inspector General” or “IG” means the inspector general of the
Agency or of the department of which the Agency is a component.
E.
“Reasonable basis” exists when there are facts and circumstances,
either personally known or of which knowledge is acquired from a
source believed to be reasonably trustworthy, that would cause a
person of reasonable caution to believe that a crime has been, is
being, or will be committed. The question of which federal law
enforcement or judicial entity has jurisdiction over the alleged
criminal acts shall have no bearing upon the issue of whether a
reasonable basis exists.
III.

Scope
This MOU shall not be construed to authorize or require the Agency,
or any person or entity acting on behalf of the Agency, to conduct
any investigation not otherwise authorized by law, or to collect any
information in a manner not authorized by law.
B.
This MOU ordinarily does not require an intelligence agency or
organization to report crimes information that was collected and
disseminated to it by another department, agency, or organization.
Where, however, the receiving agency is the primary or sole
recipient of that information, or if analysis by the receiving agency
reveals additional crimes information, the receiving agency shall be
responsible for reporting all such crimes information in accordance
with the provisions of this MOU.
C.
This MOU does not in any way alter or supersede the obligation of
an employee of an intelligence agency to report potential criminal
behavior by other employees of that agency to an IG, as required
either by statute or by agency regulations, nor affect any protections
A.

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
afforded any persons reporting such behavior to an IG. Nor does this
MOU affect any crimes reporting procedures between the IG Offices
and the Department of Justice.
D.
This MOU does not in any way alter or supersede any obligation of a
department or agency to report to the Attorney General criminal
behavior by Government employees not employed by the
intelligence community, as required by 28 U.S.C. §535.
E.
This MOU does not affect the obligation to report to the Federal
Bureau of Investigation alleged or suspected espionage activities as
required under Section 811(c) of the Intelligence Authorization Act
of 1995.
F.
The following crimes information is exempted from the application
of this memorandum if the specified conditions are met:
1. Crimes information that has been reported to an IG; 1
2. Crimes information received by a Department of Defense
intelligence component concerning a Defense intelligence
component employee who either is subject to the Uniform Code of
Military Justice or is a civilian and has been accused of criminal
behavior related to his/her assigned duties or position, if (a) the
information is submitted to and investigated by the appropriate
Defense Criminal Investigative Organization, and (b) in cases
involving crimes committed during the performance of intelligence
activities, the General Counsel provides to the Department of Justice
a report reflecting the nature of the charges and the disposition
thereof;
3. Information regarding non-employee crimes listed in Section VII
that is collected by the intelligence component of a Department also
having within it a law enforcement organization where (a) the crime
is of the type that the Department’s law enforcement organization
has jurisdiction to investigate; and (b) the Department’s intelligence
organization submits that crimes information to the Department’s
law enforcement organization for investigation and further handling
in accordance with Department policies and procedures; 2

1

If, however, the IG determines that the reported information is not properly subject to
that office’s jurisdiction, but that such information may be reportable pursuant to this
MOU, the IG may forward the information to the DOJ in compliance with these
procedures. Alternatively, the IG may transmit the information to the Agency’s General
Counsel for a determination of what response, if any, is required by this MOU.
2
This MOU does not affect the crimes reporting obligations of any law enforcement and
other non-intelligence components of a department, agency, or organization.

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
4. Crimes information regarding persons who are not employees of the
Agency, as those terms are defined in Section II, that involve crimes
against property in an amount of $1,000 or less, or, in the case of
Agency employees, crimes against property in an amount of $500 or
less. As to other relatively minor offenses to which this MOU would
ordinarily apply, but which, in the General Counsel’s opinion, do not
warrant reporting pursuant to this MOU, the General Counsel may
orally contact the Assistant Attorney General, Criminal Division, * or
his/her designee. If the Department of Justice concurs with that
opinion, no further reporting under these procedures is required. The
General Counsel shall maintain an appropriate record of such
contacts with the Department. If deemed appropriate by the General
Counsel, he/she may take necessary steps to pass such information to
the appropriate law enforcement authorities; or
5. Information, other than that relating to homicide or espionage,
regarding crimes that were completed more than ten years prior to
the date such allegations became known to the agency. If, however,
the Agency has a reasonable basis to believe that the alleged criminal
activities occurring ten or more years previously relate to, or are a
part of, a pattern of criminal activities that continued within that ten
year interval, the reporting procedures herein will apply to those
activities.
G.
The Procedures set forth herein are not intended to affect whether an
intelligence agency reports to state or local authorities activity that
appears to constitute a crime under state law. In the event that an
intelligence agency considers it appropriate to report to state or local
authorities possible criminal activity that may implicate classified
information or intelligence sources or methods, it should inform the
AAG, or the designated Deputy AAG, Criminal Division, in
accordance with paragraph VIII.C, below; the Criminal Division will
consult with the intelligence agency regarding appropriate methods
for conveying the information to state or local authorities. In the
event that an intelligence agency considers it appropriate to report to
state or local authorities possible criminal activity that is not
expected to implicate classified information or intelligence sources

*

[Pursuant to Attorney General Alberto Gonzales’s letter of September 14, 2007 to
Director of National Intelligence J. Michael McConnell, within this Memorandum of
Understanding all referenced functions of the Assistant Attorney General for the Criminal
Division or of the Criminal Division, generally, shall be read to refer to the Assistant
Attorney General for National Security and the National Security Division, respectively.]

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
or methods, it should nevertheless provide a copy of such report to
the AAG, or to the designated Deputy AAG, Criminal Division.
IV.

General Considerations: Allegations of Criminal Acts Committed By
Agency Employees
A.
This Agreement requires each employee of the Agency to report to
the General Counsel or IG facts or circumstances that reasonably
indicate to the employee that an employee of an intelligence agency
has committed, is committing, or will commit a violation of federal
criminal law. 3
B.
Except as exempted in Section III, when the General Counsel has
received allegations, complaints or information (hereinafter
allegations) that an employee of the Agency may have violated, may
be violating, or may violate a federal criminal statue, that General
Counsel should within a reasonable period of time determine
whether there is a reasonable basis to believe that a federal crime has
been, is being, or will be committed and that it is a crime which,
under this memorandum, must be reported. The General Counsel
may, as set forth in Section V, below, conduct a preliminary inquiry
for this purpose. If a preliminary inquiry reveals that there is a
reasonable basis for the allegations, the General Counsel will follow
the reporting procedures set forth in Section VIII, below. If a
preliminary inquiry reveals that the allegations are without a
reasonable basis, the General Counsel will make a record, as
appropriate, of that finding and no reporting under these procedures
is required.

V.
A.

Preliminary Inquiry Into Allegations Against An Agency Employee
The General Counsel’s preliminary inquiry regarding allegations
against an Agency employee will ordinarily be limited to the
following:
1. review of materials submitted in support of the allegations;
2. review of Agency indices, records, documents, and files;
3. examination of premises occupied by the Agency;

3

When a General Counsel or IG has received information concerning alleged violations
of federal law by an employee of another intelligence community agency, and those
violations are not exempted under section III. E. 4, hereof, the General Counsel shall
notify in writing the General Counsel of the accused employee’s agency. The latter
General Counsel must then determine whether this MOU requires the allegations to be
reported to the Department of Justice.

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
4. examination of publicly available federal, state, and local
government records and other publicly available records and
information;
5. interview of the complainant; and
6. interview of any Agency employee, other than the accused, who, in
the opinion of the General Counsel, may be able to corroborate or
refute the allegations.
B.
Where criminal allegations against an Agency employee are subject
to this MOU, an interview of that employee may only be undertaken
in compliance with the following conditions:
1. Where the crime alleged against an Agency employee does not
pertain to a serious felony offense, 4 a responsible Agency official
may interview the accused employee; however, such interview shall
only be conducted with the approval of the General Counsel, the IG,
or, as to Defense and military employees, the responsible military
Judge Advocate General or the responsible Defense Criminal
Investigative Organization.
2. Where the crime alleged against an Agency employee is a serious
felony offense, the Agency shall ordinarily not interview the accused
employee, except where, in the opinion of the General Counsel, there
are exigent circumstances 5 which require that the employee be
interviewed. If such exigent circumstances exist, the General
Counsel or other attorney in the General Counsel’s office may
interview the accused employee to the extent reasonably necessary to
eliminate or substantially reduce the exigency.
3. In all other cases of alleged serious felonies, the General Counsel, or
the General Counsel’s designee, may interview the accused
employee only
after consultation with the Agency’s IG, a
Defense Criminal Investigative Organization (for Defense and
military employees), or with the Department of Justice regarding the
procedures to be used during an interview with the accused
employee.
4

A “serious felony offense” includes any offense listed in Section VII, hereof, violent
crimes, and other offenses which, if committed in the presence of a reasonably prudent
and law-abiding person, would cause that person immediately to report that conduct
directly to the police. For purposes of this MOU, crimes against government property that
do not exceed $5,000 and are not part of a pattern of continuing behavior or of a criminal
conspiracy shall not be considered serious felony offenses.
5
“Exigent circumstances” are circumstances requiring prompt action by the Agency in
order to protect life or substantial property interests; to apprehend or identify a fleeing
offender; or to prevent the compromise, loss, concealment, destruction, or alteration of
evidence in a crime.

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
Any interview of an accused employee that is undertaken shall be conducted
in a manner that does not cause the loss, concealment, destruction, damage or
alteration of evidence of the alleged crime, nor result in the immunization of any
statements made by the accused employee during that interview. The Agency
shall not otherwise be limited by this MOU either as to the techniques it is
otherwise authorized to use, or as to its responsibility to provide for its security
functions pursuant to E.O. 12333.
VI.

General Considerations: Allegations Of Criminal Acts Committed
by Non-Employees
A.
This MOU requires each employee of the Agency to report, to the
General Counsel or as otherwise directed by the Department or
Agency head, facts or circumstances that reasonably indicate to the
employee that a non-employee has committed, is committing, or will
commit one or more of the specified crimes in Section VII, below.
B.
When an Agency has received information concerning alleged
violations of federal law by a person other than an employee of an
intelligence agency, and has determined that the reported information
provides a reasonable basis to conclude that a violation of one of the
specified crimes in Section VII has occurred, is occurring, or may
occur, the Agency shall report that information to the Department of
Justice in accordance with Sections VIII or IX, below.

VII.
Reportable Offenses by Non-Employees
A.
Unless exempted under Section III, above, allegations concerning
criminal activities by non-employees are reportable if they pertain to
one or more of the following specified violations of federal criminal
law:
1. Crimes involving intentional infliction or threat of death or serious
physical harm. These include but are not limited to homicide,
kidnapping, hostage taking, assault (including sexual assault), or
threats or attempts to commit such offenses, against any person in
the United States or a U.S. national or internationally protected
person (as defined in 18 U.S.C. §1116(b)(4)), whether in the United
States or abroad.
2. Crimes, including acts of terrorism, that are likely to affect the
national security, defense or foreign relations of the United States.
These may include but are not limited to:
a. Espionage; sabotage; unauthorized disclosure of classified
information; seditious conspiracies to overthrow the
government of the United States; fund transfers violating the

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
International Emergency Economic Powers Act; providing
material or financial support to terrorists; unauthorized
traffic in controlled munitions or technology; or
unauthorized traffic in, use of, or contamination by nuclear
materials, chemical or biological weapons, or chemical or
biological agents; whether in the United States or abroad;
b. Fraudulent entry of persons into the United States, the
violation of immigration restrictions or the failure to register
as a foreign agent or an intelligence trained agent;
c. Offenses involving interference with foreign governments or
interference with the foreign policy of the United States
whether occurring in the United States or abroad;
d. Acts of terrorism anywhere in the world which target the
U.S. government or its property, U.S. persons, or any
property in the United States, or in which the perpetrator is a
U.S. person; aircraft hijacking; attacks on aircraft or
international aviation facilities; or maritime piracy;
e. The unauthorized transportation or use of firearms or
explosives in interstate or foreign commerce.
3. Crimes involving foreign interference with the integrity of U.S.
governmental institutions or processes. Such crimes may include:
a. Activities to defraud the U.S. government or any federally
protected financial institution, whether occurring in the
United States or abroad;
b. Obstruction of justice or bribery of U.S. officials or
witnesses in U.S. proceedings, whether occurring in the
United States or abroad;
c. Interference with U.S. election proceedings or illegal
contributions by foreign persons to U.S. candidates or
election committees;
d. Perjury in connection with U.S. proceedings, or false
statements made in connection with formal reports or
applications to the U.S. government, or in connection with a
formal criminal or administrative investigation, whether
committed in the United States or abroad;
e. Counterfeiting U.S. obligations or any other governmental
currency, security or identification documents used in the
United States, whether committed in the United States or
abroad; transactions involving stolen governmental securities
or identification documents or stolen or counterfeit nongovernmental securities.

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REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES
4. Crimes related to unauthorized electronic surveillance in the United
States or to tampering with, or unauthorized access to, computer
systems.
5. Violations of U.S. drug laws including: the cultivation, production,
transportation, importation, sale, or possession (other than possession
of user quantities) of controlled substances; the production,
transportation, importation, and sale of precursor or essential
chemicals.
6. The transmittal, investment and/or laundering of the proceeds of any
of the unlawful activities listed in this Section, whether committed in
the United States or abroad.
B.
Any conspiracy or attempt to commit a crime reportable under this
section shall be reported if the conspiracy or attempt itself meets the
applicable reporting criteria.
C.
The Attorney General also encourages the Agency to notify the
Department of Justice when the Agency’s otherwise routine
collection of intelligence in accordance with its authorities results in
its acquisition of information about the commission of other serious
felony offenses by non-employees, e.g. violations of U.S.
environmental laws relating to ocean and inland water discharging or
dumping, drinking water contamination, or hazardous waste
disposal, and crimes involving interference with the integrity of U.S.
governmental institutions or processes that would not otherwise be
reportable under section VII.A.3.
VIII. Procedure For Submitting Special Crimes Reports
A.
Where the Agency determines that a matter must be the subject of a
special report to the Department of Justice, it may, consistent with
paragraphs VIII.B and VIII.C, below, make such a report (1) by
letter or other, similar communication from the General Counsel, or
(2) by electronic or courier dissemination of information from
operational or analytical units, provided that in all cases, the subject
line and the text of such communication or dissemination clearly
reflects that it is a report of possible criminal activity. The
Department of Justice shall maintain a record of all special crimes
reports received from the Agency.
B.
Where the Agency determines that a matter must be the subject of a
special report to the Department of Justice; and where the Agency
further determines that no public disclosure of classified information
or intelligence sources and methods would result from further
investigation or prosecution, and the security of ongoing intelligent
operations would not be jeopardized thereby, the Agency will report

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C.

D.

E.

IX.

the matter to the federal investigative agency having jurisdiction over
the criminal matter. A copy of that report must also be provided to
the AAG, or designated Deputy AAG, Criminal Division.
Where the Agency determines that further investigation or
prosecution of a matter that must be specifically reported may result
in a public disclosure of classified information or intelligence
sources or methods or would jeopardize the security of ongoing
intelligence operations, the Agency shall report the matter to the
AAG or designated Deputy AAG, Criminal Division. A copy of that
report must also be provided to the Assistant Director, Criminal
Investigations or National Security Divisions, Federal Bureau of
Investigation, or in the event that the principal investigative
responsibility resides with a different federal investigative agency, to
an appropriately cleared person of equivalent position in such
agency. The Agency’s report should explain the security or
operational problems that would or might arise from a criminal
investigation or prosecution.
Written documents associated with the reports submitted pursuant to
this section may refer to persons who are the subjects of the reports
by non-identifying terms (such as “John Doe # ___”). The Agency
shall advise the Department of Justice or relevant federal
investigative agency of the true identities of such persons if so
requested.
It is agreed that, in acting upon information reported in accordance
with these procedures, the Agency, the Department of Justice and the
relevant federal investigative agencies will deal with classified
information, including sources and methods, in a manner consistent
with the provisions of relevant statutes and Executive Orders,
including the Classified Information Procedures Act.

When Routine Dissemination May be Used in Lieu Of A Special
Crimes Report
A.
Except as set forth in IX.B, below, the Agency may report crimes
information regarding non-employees to the Department of Justice
by routine dissemination, provided that:
1. the crimes information is of the type that is routinely disseminated by
the Agency to headquarters elements of cognizant federal
investigative agencies;
2. the criminal activity is of a kind that is normally collected and
disseminated to law enforcement by the Agency (e.g., drug
trafficking, money laundering, terrorism, or sanctions violations);
and

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3. the persons or entities involved are members of a class that are
routinely the targets or objects of such collection and dissemination.
If all three of these conditions are met, the Agency may satisfy its crimes
reporting obligation through routine dissemination to the Department of Justice,
Criminal Division, and to all cognizant federal law enforcement agencies, which
shall retain primary responsibility for review of disseminated information for
evidence of criminal activity. In all other cases, the special reporting procedures
in Section VIII shall apply. As requested by the Department of Justice, the
Agency will coordinate with the Department to facilitate the Department’s
analytical capabilities as to the Agency’s routine dissemination of crimes
information in compliance with this MOU.
B.

X.

Routine dissemination, as discussed in IX.A, above, may not be used
in lieu of the special reporting requirements set forth herein as to the
following categories of criminal activities:
1. Certain crimes involving the intentional infliction or threat of death
or serious physical harm (VII.A.1, above);
2. Espionage; sabotage; unauthorized disclosure of classified
information; and seditious conspiracies to overthrow the government
of the United States (VII.A.2.a, above); and
3. Certain crimes involving foreign interference with the integrity of
U.S. governmental institutions or processes (VII.A.3.b and c, above).

Other Agency Responsibilities
The Agency shall develop internal procedures in accordance with the
provisions of Sections VIII and IX for the reporting of criminal
information by its employees as required under Sections IV.A and
VI.A.
B.
The Agency shall also establish initial and continuing training to
ensure that its employees engaged in the review and analysis of
collected intelligence are knowledgeable of and in compliance with
the provisions of this MOU.
A.

XI.

Relation to Other Procedures and Agreements
A.

If the Agency desires, for administrative or security reasons, to
conduct a more extensive investigation into the activities of an
employee relating to any matter reported pursuant to this MOU, it
will inform the Department of Justice and the federal investigative

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B.

C.

D.

agency to which the matter was reported. The Agency may also take
appropriate administrative, disciplinary, or other adverse action at
any time against any employee whose activities are reported under
these procedures. However, such investigations or adverse actions
shall be coordinated with the proper investigative or prosecuting
officials to avoid prejudice to any criminal investigation or
prosecution.
Nothing in these procedures shall be construed to restrict the
exchange of information among the Agencies in the Intelligence
Community or between those Agencies and law enforcement entities
other than the Department of Justice.
This MOU supersedes all prior crimes reporting memoranda of
understanding executed pursuant to the requirements of E.O. 12333.
To the extent that there exist any conflicts between other Agency
policies of directives and the provisions herein, such conflicts shall
be resolved in accordance with the provisions of this MOU.
However, this MOU shall not be construed to modify in any way the
August 1984 Memorandum of Understanding between the
Department of Defense and the Department of Justice relating to the
investigation and prosecution of certain crimes.
The parties understand and agree that nothing herein shall be
construed to alter in any way the current routine dissemination by the
Agency of intelligence information, including information regarding
alleged criminal activities by any person, to the Department of
Justice or to federal law enforcement agencies.

XII.
Miscellaneous
A.
This MOU shall become effective as to each agency below as of the
date signed by the listed representative of that agency.
B.
The Intelligence-Law Enforcement Policy Board, within one year of
the date of the effective date hereof, and as it deems appropriate
thereafter, will appoint a working group consisting of an equal
number of representatives from the intelligence and law enforcement
communities, including the Criminal Division. That working group
shall do the following:
1. review the Agency’s implementation of Sections III.F and IV.B,
hereof;
2. consider whether the crimes reporting requirements of E.O. 12333
and other authorities are being met through the operation of this
MOU;

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3. review each of the provisions of this MOU and determine what, if
any, modifications thereof should be recommended to the Policy
Board, or its successor; and
4. issue a report to the Policy Board of its finding and recommendations
in each of the foregoing categories.
C.
The Policy Board in turn shall make recommendations to the
Attorney General, the Director of Central Intelligence, and the heads
of the affected agencies concerning any modifications to the MOU
that it considers necessary.
-/S/-Janet Reno
Attorney General
Date: August 3, 1995

-/S/-William J. Perry
Secretary of Defense
Date: 11 AUG 1995

-/S/-John Deutch
Director of Central Intelligence
Date: 3 August 1995

-/S/-JM McConnell
Director, National Security Agency
Date: 22 Aug 1995

-/S/-Michael F. Munson
Director, Defense Intelligence
Intelligence Agency
Date: 2 Aug 1995

-/S/-Toby T. Gati
Assistant Secretary of State,
Intelligence and Research
Date: 8/14/95

-/S/-Kenneth E. Baker
Director, Office Of Non-Proliferation
and National Security,
Department of Energy
Date: 15 Aug 95

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