미국 국가안보법 (National Security act of 1947)

국가안보법 현행 미국 연방법전 50 USC은 트루먼 (hany S. Truman) 대통령이 서명한 법으로 제2차 세계 대전 후 미국의 국방체게와 대외정책 그리고 정보공동체 조직을 총제적으로 재구축한 법이다.(한희원, 국가정보체계 혁신론, 법률출판사, 2009, p142)

NATIONAL SECURITY ACT OF 1947

NATIONAL SECURITY ACT OF 1947

[As Amended Through P.L. 110.53, Enacted August 3, 2007]

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 ø50 U.S.C. 401 note¿ this Act may be cited as the ‘‘National
Security Act of 1947’’.

TABLE OF CONTENTS  목차

Sec. 2. Declaration of policy.
Sec. 3. Definitions. 1

TITLE I.COORDINATION FOR NATIONAL SECURITY  국가안보의 조율

Sec. 101. National Security Council.

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. 103G. Chief Information Officer.

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.

Sec. 105A. Assistance to United States law enforcement agencies.

Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; notice
of criminal investigations of foreign intelligence sources.

Sec. 106. Appointment of officials responsible for intelligence-related activities.

Sec. 107. National Security Resources Board.

Sec. 108. Annual National Security Strategy Report.

Sec. 104. Annual national security strategy report. 2

Sec. 109. Annual report on intelligence.

Sec. 110. National mission of National Geospatial-Intelligence Agency.

Sec. 112. Restrictions on intelligence sharing with the United Nations.

Sec. 113. Detail of intelligence community personnel.intelligence community assignment
program.

Sec. 114. Additional annual reports from the Director of National Intelligence.

1 Item editorially inserted.
2 This section was redesignated as section 108 by section 705(a)(2) of P.L. 102.496, but this

entry in the table of contents was not repealed.

3


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poses.

Sec. 115. Limitation on establishment or operation of diplomatic intelligence support
centers.

Sec. 116. Travel on any common carrier for certain intelligence collection personnel.

Sec. 117. POW/MIA analytic capability.

Sec. 118. Semiannual report on financial intelligence on terrorist assets.

Sec. 119. National Counterterrorism Center.

Sec. 119A. National Counter Proliferation Center.

Sec. 119B. National intelligence centers.

TITLE II.THE DEPARTMENT OF DEFENSE  국방부

Sec. 201. Department of Defense.
Sec. 202. Secretary of Defense. 1
Sec. 203. Military Assistants to the Secretary. 1
Sec. 204. Civilian personnel. 1
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
Sec. 207. Department of the Air Force.
Sec. 208. United States Air Force. 1
Sec. 209. Effective date of transfers. 1
Sec. 210. War Council. 1
Sec. 211. Joint Chiefs of Staff. 1
Sec. 212. Joint Staff. 1
Sec. 213. Munitions Board. 1
Sec. 214. Research and Development Board. 1

TITLE III.MISCELLANEOUS  기타조항

Sec. 301. National Security Agency voluntary separation.
Sec. 301. Compensation of Secretaries. 1
Sec. 302. Authority of Federal Bureau of Investigation to award personal services
contracts.
Sec. 302. Under Secretaries and Assistant Secretaries. 1
Sec. 303. Advisory committees and personnel.
Sec. 304. Status of transferred civilian personnel. 1
Sec. 305. Saving provisions. 1
Sec. 306. Transfer of funds. 1
Sec. 307. Authorization for appropriations.
Sec. 308. Definitions.
Sec. 309. Separability.
Sec. 310. Effective date.
Sec. 311. Succession to the Presidency.
Sec. 411. Repealing and saving provisions. 2

TITLE V.ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES  국가정보활동에 대한 책임

Sec. 501. General congressional oversight provisions.

Sec. 502. Reporting of intelligence activities other than covert actions.

Sec. 503. Presidential approval and reporting of covert actions.

Sec. 504. Funding of intelligence activities.

Sec. 505. Notice to Congress of certain transfers of defense articles and defense
services.

Sec. 506. Specificity of National Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counterintelligence.

Sec. 506A. Budget treatment of costs of acquisition of major systems by the intelligence
community.

Sec. 507. Dates for submittal of various annual and semiannual reports to the congressional
intelligence committees.

TITLE VI.PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION  특정한 국가안보 정보의 보호

Sec. 601. Protection of identities of certain United States undercover intelligence officers,
agents, informants, and sources.

Sec. 602. Defenses and exceptions.

1 Section repealed without amending table of contents.
2 Item editorially inserted.


UNOFFICIAL VERSION Sec. 2

UNOFFICIAL VERSION Sec. 2
.
Sec. 604. Extraterritorial jurisdiction.
Sec. 605. Providing information to Congress.
Sec. 606. Definitions.

TITLE VII.PROTECTION OF OPERATIONAL FILES   CIA공ㅈ작활동 파일의 보호

Sec. 701. Operational files of the Central Intelligence Agency.
Sec. 702. Operational files of the National Geospatial-Intelligence Agency.
Sec. 703. Operational files of the National Reconnaissance Office.
Sec. 704. Operational files of the National Security Agency.
Sec. 705. Operational files of the Defense Intelligence Agency.

TITLE VIII.ACCESS TO CLASSIFIED INFORMATION  비밀정보에 대한 접근

Sec. 801. Procedures.
Sec. 802. Requests by authorized investigative agencies.
Sec. 803. Exceptions.
Sec. 804. Definitions.

TITLE IX.APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES   정보활동에 대한 처벌법규

Sec. 901. Stay of sanctions.
Sec. 902. Extension of stay.
Sec. 903. Reports.
Sec. 904. Laws subject to stay.

TITLE X.EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE  국가첩조 지원 교육

Subtitle A.Science and Technology

Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science
and technology.

Subtitle B.Foreign Languages Program

Sec. 1011. Program on advancement of foreign languages critical to the intelligence

community.
Sec. 1012. Education partnerships.
Sec. 1013. Voluntary services.
Sec. 1014. Regulations.
Sec. 1015. Definitions.

Subtitle C.Additional Education Provisions

Sec. 1021. Assignment of intelligence community personnel as language students.
Sec. 1002. Framework for cross-disciplinary education and training. 1
Sec. 1003. Intelligence Community Scholarship Program. 1

TITLE XI.OTHER PROVISIONS  기타 규정

Sec. 1101. Applicability to United States intelligence activities of Federal laws implementing
international treaties and agreements.
Sec. 1102. Counterintelligence initiatives.

DECLARATION OF POLICY  미국의 미래 국가안보에 대한 정책 선언

SEC. 2. ø50 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 pro

1 So in law. The items relating to sections 1002 and 1003 in the table of contents probably
should appear at the end of subtitle A of title X. See the amendment made by section 612(b)
of Public Law 108.487 (118 Stat. 3959).


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thority,
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.

DEFINITIONS

SEC. 3. ø50 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.

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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;
(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 Central 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. ø50 U.S.C. 402¿ (a) There is hereby 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.


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Sec. 101 UNOFFICIAL VERSION
1.

(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 the military departments, the Chairman
of the Munitions Board, and the Chairman of the Research and
Development Board, when 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, and
who shall receive compensation at the rate of $10,000 a year. 1 The
executive secretary, subject to the direction of the Council, is
hereby authorized, subject to the civil-service laws and the Classification
Act of 1923, as amended, 2 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
1 The positions of Director for Mutual Security, Chairman of the National Security Resources
Board, Chairman of the Munitions Board, and Chairman of the Research and Development
Board have been abolished by various Reorganiztion Plans. The statutory members of the National
Security Council are the President, Vice President, Secretary of State, and Secretary of
Defense.

1 The specification of the salary of the head of the National Security Council staff is obsolete
and has been superseded.

2 The Classification Act of 1923 was repealed by the Classification Act of 1949. The Classification
Act of 1949 was repealed by the law enacting title 5, United States Code (Public Law 89.
544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter 51 and chapter
53 of title 5. Section 7(b) of that Act (80 Stat. 631) provided: ‘‘A reference to a law replaced
by sections 1.6 of this Act, including a reference in a regulation, order, or other law, is deemed
to refer to the corresponding provision enacted by this Act.’’


UNOFFICIAL VERSION Sec. 101

UNOFFICIAL VERSION Sec. 101
rity
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 with 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.
(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.

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Sec. 101 UNOFFICIAL VERSION 10
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.
(3) The function of the Committee shall be to coordinate and
direct the activities of the United States Government relating to
combatting 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 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.

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UNOFFICIAL VERSION Sec. 101A
PARTICIPATION OF COORDINATOR FOR THE PREVENTION OF
WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TER-
RORISM..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. ø50 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..(
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

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Sec. 102 UNOFFICIAL VERSION 12

(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. ø50 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.
RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE

SEC. 102A. ø50 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 ac

UNOFFICIAL VERSION Sec. 102A

UNOFFICIAL VERSION Sec. 102A
tional
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
(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,

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Sec. 102A UNOFFICIAL VERSION
ligence
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.

(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.
(4) The amounts available for transfer or reprogramming in
the National Intelligence Program in any given fiscal year, and the

UNOFFICIAL VERSION Sec. 102A

UNOFFICIAL VERSION Sec. 102A
tions
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 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

Sec. 102A UNOFFICIAL VERSION

Sec. 102A UNOFFICIAL VERSION
ter.

(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
(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

UNOFFICIAL VERSION Sec. 102A

UNOFFICIAL VERSION Sec. 102A
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 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;

Sec. 102A UNOFFICIAL VERSION

Sec. 102A UNOFFICIAL VERSION
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.
(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;

UNOFFICIAL VERSION Sec. 102A

UNOFFICIAL VERSION Sec. 102A
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;
(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

Sec. 102A UNOFFICIAL VERSION

Sec. 102A UNOFFICIAL VERSION
munity
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;
(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.

UNOFFICIAL VERSION Sec. 102A

UNOFFICIAL VERSION Sec. 102A
sonnel
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:
(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.

Sec. 102A UNOFFICIAL VERSION

Sec. 102A UNOFFICIAL VERSION
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).
(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

UNOFFICIAL VERSION Sec. 102A

UNOFFICIAL VERSION Sec. 102A

(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 Govern-
ment-wide 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.
(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

Sec. 103 UNOFFICIAL VERSION 24

Sec. 103 UNOFFICIAL VERSION 24

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 103. ø50 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.
(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.

UNOFFICIAL VERSION Sec. 103A

UNOFFICIAL VERSION Sec. 103A

SEC. 103A. ø50 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.
(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;

Sec. 103B UNOFFICIAL VERSION

Sec. 103B UNOFFICIAL VERSION
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
(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. ø50 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
(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) SERVICE 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

UNOFFICIAL VERSION Sec. 103D

UNOFFICIAL VERSION Sec. 103D
ligence
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. ø50 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.

(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. ø50 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.

Sec. 103E UNOFFICIAL VERSION

Sec. 103E UNOFFICIAL VERSION
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
(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. ø50 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.

UNOFFICIAL VERSION Sec. 103G

UNOFFICIAL VERSION Sec. 103G
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.
NATIONAL COUNTERINTELLIGENCE EXECUTIVE

SEC. 103F. ø50 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. ø50 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

Sec. 104 UNOFFICIAL VERSION 30

Sec. 104 UNOFFICIAL VERSION 30
ponent
thereof, of the United States Government.

CENTRAL INTELLIGENCE AGENCY

SEC. 104. ø50 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. ø50 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 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 em

31 UNOFFICIAL VERSION Sec. 105

31 UNOFFICIAL VERSION Sec. 105
gible
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.
RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO
THE NATIONAL INTELLIGENCE PROGRAM

SEC. 105. ø50 U.S.C. 403.5¿ (a) IN GENERAL..Consistent with
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
governmentwide 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;

Sec. 105 UNOFFICIAL VERSION 32

Sec. 105 UNOFFICIAL VERSION 32
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;
(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 military-related 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

UNOFFICIAL VERSION Sec. 105A

UNOFFICIAL VERSION Sec. 105A
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 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. ø50 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:

Sec. 105B UNOFFICIAL VERSION

Sec. 105B UNOFFICIAL VERSION
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.
(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 IN

VESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN

INTELLIGENCE SOURCES

SEC. 105B. ø50 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).

35 UNOFFICIAL VERSION Sec. 106

35 UNOFFICIAL VERSION Sec. 106
RELATED
ACTIVITIES

SEC. 106. 1 ø50 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) 1 The Under Secretary of Homeland Security for
Intelligence and Analysis.
(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:
1 Section 1014 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law108.458; 118 Stat. 3663) amended section 106 by striking all after the heading and inserting
a new subsection (a). The section designation, while it no longer exists in the law, is shownabove in order to reflect the probable intent of Congress.

1 Margin so in law.


Sec. 106 UNOFFICIAL VERSION 36

Sec. 106 UNOFFICIAL VERSION 36
The Director of the Defense Intelligence Agency.
(B) The Assistant Commandant of the Coast Guard for
Intelligence.

(C) The 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 1

SEC. 107. ø50 U.S.C. 404¿ (a) The Director of the Office of Defense
Mobilization, 2 subject to the direction of the President, is
authorized, subject to the civil-service laws and the Classification
Act of 1949, 3 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;
(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.
1 Section 107 deals with emergency preparedness. Section 50 of the Act of September 3, 1954
(68 Stat. 1244), eliminated former subsection (a), relating to the establishment of the National
Security Resources Board, and redesignated former subsections (b).(d) as subsections (a).(c).
The section heading was not amended accordingly.

2 The functions of the Director of the Office of Defense Mobilization under this section which
previously were transferred to the President, were delegated to the Director of the Federal
Emergency Management Agency by section 4.102 of Executive Order No. 12148 (July 20, 1979,
44 F.R. 43239, 50 U.S.C. App. 2251 note).

3 The Classification Act of 1949 was repealed by the law enacting title 5, United States Code
(Public Law 89.544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter
51 and chapter 53 of that title.


37 UNOFFICIAL VERSION Sec. 109

37 UNOFFICIAL VERSION Sec. 109

SEC. 108. ø50 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.
ANNUAL REPORT ON INTELLIGENCE

SEC. 109. ø50 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

Sec. 109 UNOFFICIAL VERSION 38

Sec. 109 UNOFFICIAL VERSION 38

(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.
(2) The Committee on Appropriations and the Committee
on Armed Services of the House of Representatives.
NATIONAL MISSION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

SEC. 110. ø50 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 geospatial intelligence 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 all-
source 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.
[Section 111 was repealed by section 1075 of Public Law 108.
458 (Act of December 17, 2004, 118 Stat. 3694).]


39 UNOFFICIAL VERSION Sec. 112

39 UNOFFICIAL VERSION Sec. 112

SEC. 112. ø50 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 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 1; 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
1 The amendment made by section 1072(a)(4) of Public Law 108.458 (118 Stat. 3692) to strike
‘‘section 103(c)(6) of this Act’’ and insert ‘‘section 102A(i) of this Act’’ could not be executed because
the matter purported to be struck does not appear.


Sec. 112 UNOFFICIAL VERSION 40

Sec. 112 UNOFFICIAL VERSION 40

DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL.INTELLIGENCE
COMMUNITY ASSIGNMENT PROGRAM

SEC. 113. ø50 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
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 employees
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.

41 UNOFFICIAL VERSION Sec. 114

41 UNOFFICIAL VERSION Sec. 114
L
INTELLIGENCE

SEC. 114. ø50 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.
(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 Na

Sec. 114A UNOFFICIAL VERSION

Sec. 114A UNOFFICIAL VERSION

(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. ø50 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 Imagery and Mapping
Agency shall each submit to the congressional intelligence committees
a report describing the activities being 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.

LIMITATION ON ESTABLISHMENT OR OPERATION OF DIPLOMATIC
INTELLIGENCE SUPPORT CENTERS

SEC. 115. ø50 U.S.C. 404j¿ (a) IN GENERAL..(1) A diplomatic
intelligence support center may not be established, operated, or
maintained without the prior approval of the Director of National
Intelligence.

(2) The Director may only approve the establishment, operation,
or maintenance of a diplomatic intelligence support center if
the Director determines that the establishment, operation, or maintenance
of such center is required to provide necessary intelligence
support in furtherance of the national security interests of the
United States.
(b) PROHIBITION OF USE OF APPROPRIATIONS..Amounts appropriated
pursuant to authorizations by law for intelligence and intelligence-
related activities may not be obligated or expended for the
establishment, operation, or maintenance of a diplomatic intelligence
support center that is not approved by the Director of National
Intelligence.

43 UNOFFICIAL VERSION Sec. 117

43 UNOFFICIAL VERSION Sec. 117
DEFINITIONS..In this section:
(1) The term ‘‘diplomatic intelligence support center’’
means an entity to which employees of the various elements of
the intelligence community (as defined in section 3(4)) are detailed
for the purpose of providing analytical intelligence support
that.
(A) consists of intelligence analyses on military or
political matters and expertise to conduct limited assessments
and dynamic taskings for a chief of mission; and
(B) is not intelligence support traditionally provided to
a chief of mission by the Director of National Intelligence.
(2) The term ‘‘chief of mission’’ has the meaning given that
term by section 102(3) of the Foreign Service Act of 1980 (22
U.S.C. 3902(3)), and includes ambassadors at large and ministers
of diplomatic missions of the United States, or persons
appointed to lead United States offices abroad designated by
the Secretary of State as diplomatic in nature.
(d) TERMINATION..This section shall cease to be effective on
October 1, 2000.
TRAVEL ON ANY COMMON CARRIER FOR CERTAIN INTELLIGENCE
COLLECTION PERSONNEL

SEC. 116. ø50 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 1.
POW/MIA ANALYTIC CAPABILITY

SEC. 117. ø50 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’’.
1 The amendment made by section 1072(a)(5) to strike ‘‘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 insert ‘‘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’’ was executed to reflect the probable
intent of Congress. The comma after ‘‘Central Intelligence Agency’’ in the striken matter does
not appear.


Sec. 118 UNOFFICIAL VERSION 44

Sec. 118 UNOFFICIAL VERSION 44
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.
SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS

SEC. 118. ø50 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.

45 UNOFFICIAL VERSION Sec. 119

45 UNOFFICIAL VERSION Sec. 119

SEC. 119. ø50 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.
(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

Sec. 119 UNOFFICIAL VERSION 46

Sec. 119 UNOFFICIAL VERSION 46
works
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 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

UNOFFICIAL VERSION Sec. 119A

UNOFFICIAL VERSION Sec. 119A
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.
(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. ø50 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:

Sec. 119A UNOFFICIAL VERSION

Sec. 119A UNOFFICIAL VERSION
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 all-source 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.
(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

49 UNOFFICIAL VERSION Sec. 201

49 UNOFFICIAL VERSION Sec. 201
sons.

NATIONAL INTELLIGENCE CENTERS

SEC. 119B. ø50 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.
(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

SEC. 201. [Subsections (a) and (b) were repealed by section 307
of Public Law 87.651 (Act of September 7, 1962, 76 Stat. 526).
Subsection (c) consisted of an amendment to another Act.]


Sec. 205 UNOFFICIAL VERSION 50

Sec. 205 UNOFFICIAL VERSION 50
ø50 U.S.C. 408¿ Except to the extent inconsistent with the
provisions of this Act, the provisions of title IV of the Revised Statutes
1 as now of hereafter amended shall be applicable to the
Department of Defense.
[Sections 202.204 were repealed by section 307 of Public Law
87.651 (Act of September 7, 1962, 76 Stat. 526).]

DEPARTMENT OF THE ARMY

SEC. 205. [Subsections (a), (d), and (e) were repealed by the
law enacting titles 10 and 32, United States Code (Act of August
10, 1956, 70A Stat. 676)].

(b) All laws, orders, regulations, and other actions relating to
the Department of War or to any officer or activity whose title is
changed under this section shall, insofar as they are not inconsistent
with the provisions of this Act, be deemed to relate to the
Department of the Army within the Department of Defense or to
such officer or activity designated by his or its new title.
(c) ø50 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.
DEPARTMENT OF THE NAVY

SEC. 206. (a) ø50 U.S.C. 409(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.

[Subsections (b) and (c) were repealed by the law enacting titles
10 and 32, United States Code (Act of August 10, 1956, 70A
Stat. 676)].

DEPARTMENT OF THE AIR FORCE

SEC. 207. [Subsections (a), (b), (d), (e), and (f) were repealed by
the law enacting titles 10 and 32, United States Code (Act of August
10, 1956, 70A stat. 676)].

(c) ø50 U.S.C. 409(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.
1 Title IV of the Revised Statutes consisted of sections 158.198 of the Revised Statutes. Sections
176 and 193 are codified as sections 492.1 and 492.2 of title 31, United States Code. The
remainder of those sections have been repealed or replaced by provisions of title 5, United States
Code, as enacted. See the ‘‘Tables’’ volume of the United States Code for the distribution of specific
sections.


51 UNOFFICIAL VERSION Sec. 301

51 UNOFFICIAL VERSION Sec. 301
acting
titles 10 and 32, United States Code (Act of August 10, 1956,
70A Stat. 676). Section 208(c) was repealed by the law enacting
title 5, United States Code (Public Law 89.544, September 6, 1966,
80 Stat. 654).]

[Sections 209.214 were repealed by the law enacting titles 10
and 32, United States Code (Act of August 10, 1956, 70A Stat.
676).]

TITLE III.MISCELLANEOUS

NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION

SEC. 301. ø50 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).
(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

Sec. 301 UNOFFICIAL VERSION 52

Sec. 301 UNOFFICIAL VERSION 52
$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 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.

53 UNOFFICIAL VERSION Sec. 302

53 UNOFFICIAL VERSION Sec. 302
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 1 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 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. (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.’’.
1 Section 941(b)(1) of the Intelligence Authorization Act for Fiscal Year 2003 (P.L. 107.306;
116 Stat. 2431) amended this subsection by striking ‘‘ ‘REPORTING REQUIRE-MENTS..’ and all
that follows through ‘The Director may’ and inserting ‘NOTIFICATION OF EXERCISE OF AUTHOR-
ITY..The Director may’ ’’. There was no hyphen in law within the word ‘‘Requirements’’. The
amendment has been executed to reflect the probable intent of Congress


Sec. 303 UNOFFICIAL VERSION 54

Sec. 303 UNOFFICIAL VERSION 54

SEC. 303. ø50 U.S.C. 405¿ (a) The Director of the Office of Defense
Mobilization, 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.

(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.
[Sections 304.306 were repealed by the law enacting title 5,
United States Code (Public Law 89.544, September 6, 1966, 80
Stat. 654).]

AUTHORIZATION FOR APPROPRIATIONS

SEC. 307. ø50 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. ø50 U.S.C. 410¿ (a) 1 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.
1 Section 307 of Public Law 87.651 (Act of September 7, 1962, 76 Stat. 526) repealed section
308(a) less its applicability to sections 2, 101.103, and 303.


55 UNOFFICIAL VERSION Sec. 501

55 UNOFFICIAL VERSION Sec. 501

SEC. 309. ø50 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. ø50 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 upon which the Secretary of Defense
first appointed takes office, or the sixtieth day after the date of the
enactment of this Act.
SUCCESSION TO THE PRESIDENCY

SEC. 311. øSection 311 consisted of an amendment to the Act
entitled ‘‘An Act to provide for the performance of the duties of the
office of President in case of the removal, resignation, death, or inability
both of the President and Vice President’’.¿

[Title IV less section 411 was repealed by section 307 of Public
Law 87.651 (Act of September 7, 1962, 76 Stat. 526).]

REPEALING AND SAVING PROVISIONS

SEC. 411. ø50 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 1

GENERAL CONGRESSIONAL OVERSIGHT PROVISIONS

SEC. 501. ø50 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

1 This title is also set out post at page 711 along with other materials relating to congressional
oversight of intelligence activities.


Sec. 502 UNOFFICIAL VERSION 56

Sec. 502 UNOFFICIAL VERSION 56

(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 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 OF INTELLIGENCE ACTIVITIES OTHER THAN COVERT
ACTIONS

SEC. 502. ø50 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

57 UNOFFICIAL VERSION Sec. 503

57 UNOFFICIAL VERSION Sec. 503
ligence
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, 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. ø50 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

Sec. 503 UNOFFICIAL VERSION 58

Sec. 503 UNOFFICIAL VERSION 58

(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 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 conditions abroad, where it is in

59 UNOFFICIAL VERSION Sec. 504

59 UNOFFICIAL VERSION Sec. 504

(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. ø50 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
unforseen 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;
(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

Sec. 505 UNOFFICIAL VERSION 60

Sec. 505 UNOFFICIAL VERSION 60

(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 intelligence-related 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
(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. ø50 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

61 UNOFFICIAL VERSION Sec. 506

61 UNOFFICIAL VERSION Sec. 506
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 intelligence-related 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
(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. (a) ø50 U.S.C. 415a¿ 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 Central
Intelligence.

Sec. 506A UNOFFICIAL VERSION

Sec. 506A UNOFFICIAL VERSION
S
BY THE INTELLIGENCE COMMUNITY

SEC. 506A. (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 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 for Community Management 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).
(2) In the case of the acquisition of a major system for an element
of the intelligence community within the Department of De

UNOFFICIAL VERSION Sec. 506A

UNOFFICIAL VERSION Sec. 506A
section
(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 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

Sec. 507 UNOFFICIAL VERSION 64

Sec. 507 UNOFFICIAL VERSION 64

(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.
DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL
REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES

SEC. 507. ø50 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).
(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)).
(N) 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):

65 UNOFFICIAL VERSION Sec. 507

65 UNOFFICIAL VERSION Sec. 507
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.
(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

Sec. 601 UNOFFICIAL VERSION 66

Sec. 601 UNOFFICIAL VERSION 66
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
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. ø50 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.

67 UNOFFICIAL VERSION Sec. 604

67 UNOFFICIAL VERSION Sec. 604
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 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. ø50 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. ø50 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.
EXTRATERRITORIAL JURISDICTION

SEC. 604. ø50 U.S.C. 424¿ There is jurisdiction over an offense
under section 601 committed outside the United States if the indi


Sec. 605 UNOFFICIAL VERSION 68

Sec. 605 UNOFFICIAL VERSION 68
dence
(as defined in section 101(a)(20) of the Immigration and
Nationality Act).

PROVIDING INFORMATION TO CONGRESS

SEC. 605. ø50 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. ø50 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
(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 inform

69 UNOFFICIAL VERSION Sec. 701

69 UNOFFICIAL VERSION Sec. 701

(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.
TITLE VII.PROTECTION OF OPERATIONAL FILES

OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 701. ø50 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);

Sec. 701 UNOFFICIAL VERSION 70

Sec. 701 UNOFFICIAL VERSION 70
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.

(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 submis


71 UNOFFICIAL VERSION Sec. 701

71 UNOFFICIAL VERSION Sec. 701
sive
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 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) 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,
1 In section 701(g)(2), the amendment to strike ‘‘of subsection (a) of this section’’ and insert
‘‘paragraph (1)’’ made by section 922(b)(2)(E) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108.136; 117 Stat. 1537) was executed by striking ‘‘subsection (a)
of this section’’ and inserting ‘‘paragraph (1)’’ in order to reflect the probable intent of Congress.


Sec. 702 UNOFFICIAL VERSION 72

Sec. 702 UNOFFICIAL VERSION 72

(B) Whether the Central Intelligence Agency, in fact, considered
the criteria set forth in paragraph (2) in conducting the
required review.
OPERATIONAL FILES OF THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY

SEC. 702. ø50 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
Geospatial-Intelligence 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 National
Geospatial-Intelligence Agency.
(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.

73 UNOFFICIAL VERSION Sec. 702

73 UNOFFICIAL VERSION Sec. 702
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 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

Sec. 703 UNOFFICIAL VERSION 74

Sec. 703 UNOFFICIAL VERSION 74

(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 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. ø50 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.

75 UNOFFICIAL VERSION Sec. 703

75 UNOFFICIAL VERSION Sec. 703
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 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 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

Sec. 703 UNOFFICIAL VERSION 76

Sec. 703 UNOFFICIAL VERSION 76

(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 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

77 UNOFFICIAL VERSION Sec. 704

77 UNOFFICIAL VERSION Sec. 704
tained
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.
OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY

SEC. 704. ø50 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, Execu

Sec. 704 UNOFFICIAL VERSION 78

Sec. 704 UNOFFICIAL VERSION 78
ligence
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 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, such information shall be examined ex parte,
in camera by the court.

79 UNOFFICIAL VERSION Sec. 704

79 UNOFFICIAL VERSION Sec. 704
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 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.

Sec. 705 UNOFFICIAL VERSION 80

Sec. 705 UNOFFICIAL VERSION 80
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 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 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. ø50 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.
(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, Execu

81 UNOFFICIAL VERSION Sec. 705

81 UNOFFICIAL VERSION Sec. 705
ligence
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.
(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 sup

Sec. 705 UNOFFICIAL VERSION 82

Sec. 705 UNOFFICIAL VERSION 82

(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, 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 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 com

83 UNOFFICIAL VERSION Sec. 801

83 UNOFFICIAL VERSION Sec. 801

(A) Whether the Defense Intelligence Agency 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 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

SEC. 801. ø50 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 re-
investigations 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 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

Sec. 802 UNOFFICIAL VERSION 84

Sec. 802 UNOFFICIAL VERSION 84

(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. ø50 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.

(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.

85 UNOFFICIAL VERSION Sec. 802

85 UNOFFICIAL VERSION Sec. 802
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
(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).

Sec. 803 UNOFFICIAL VERSION 86

Sec. 803 UNOFFICIAL VERSION 86
ceiving
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 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. ø50 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. ø50 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;

87 UNOFFICIAL VERSION Sec. 901

87 UNOFFICIAL VERSION Sec. 901
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. ø50 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 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.


Sec. 902 UNOFFICIAL VERSION 88

Sec. 902 UNOFFICIAL VERSION 88

SEC. 902. ø50 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. ø50 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. ø50 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); 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.

[Section 905 was repealed by section 313(a) of Public Law 108.
177, December 13, 2003, 117 Stat. 2610]


UNOFFICIAL VERSION Sec. 1003

UNOFFICIAL VERSION Sec. 1003
L
INTELLIGENCE

SUBTITLE A.SCIENCE AND TECHNOLOGY

SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE
DEGREES IN SCIENCE AND TECHNOLOGY

SEC. 1001. ø50 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 of National
Intelligence 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.
FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING

SEC. 1002. ø50 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. ø50 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

Sec. 1003 UNOFFICIAL VERSION

Sec. 1003 UNOFFICIAL VERSION
munity
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).
(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.

UNOFFICIAL VERSION Sec. 1003

UNOFFICIAL VERSION Sec. 1003
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.
(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

Sec. 1003 UNOFFICIAL VERSION

Sec. 1003 UNOFFICIAL VERSION
payment
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.
(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).

UNOFFICIAL VERSION Sec. 1012

UNOFFICIAL VERSION Sec. 1012
M

PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO
THE INTELLIGENCE COMMUNITY

SEC. 1011. ø50 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’’).

(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. ø50 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.

Sec. 1013 UNOFFICIAL VERSION

Sec. 1013 UNOFFICIAL VERSION
The involvement of faculty and students of the educational
institution in research projects of the element of the
intelligence community.
(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. ø50 U.S.C. 441j.2¿ (a) AUTHORITY TO ACCEPT SERV-
ICES..Notwithstanding section 1342 of title 31, United States
Code, and subject to subsection (b), the Foreign Languages Program
under section 1011 shall include authority for the head of 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:
(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


UNOFFICIAL VERSION Sec. 1015

UNOFFICIAL VERSION Sec. 1015

(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. ø50 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.

(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. ø50 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)));

Sec. 1021 UNOFFICIAL VERSION

Sec. 1021 UNOFFICIAL VERSION
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).
SUBTITLE C.ADDITIONAL EDUCATION PROVISIONS

ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL AS
LANGUAGE STUDENTS

SEC. 1021. ø50 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 FED

ERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREE

MENTS

SEC. 1101. ø50 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


UNOFFICIAL VERSION Sec. 1102

UNOFFICIAL VERSION Sec. 1102

(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 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. (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 relating to human intelligence is
safeguarded against unauthorized disclosure by employees of those
elements.