Executive Order 13462

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President's Intelligence Advisory Board and Intelligence Oversight Board

(Federal Register Vol. 73, No. 43 (March 4, 2008), amended by EO 13516 (2009)) 


By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
 
Section 1. Policy.

It is the policy of the United States to ensure that the President and other officers of the United States with responsibility for the security of the Nation and the advancement of its interests have access to accurate, insightful, objective, and timely information concerning the capabilities, intentions, and activities of foreign powers.

 
Sec. 2. Definitions. As used in this order:

(a) "department concerned" means an executive department listed in section 101 of title 5, United States Code, that contains an organization listed in or designated pursuant to section 3(4) of the National Security Act of 1947, as amended (50 U.S.C. 401a(4));

(b) "intelligence activities" has the meaning specified in section 3.5 of Executive Order 12333 of December 4, 1981, as amended; and

(c) "intelligence community" means the organizations listed in or designated pursuant to section 3(4) of the National Security Act of 1947, as amended.

 
Sec. 3. Establishment of the President's Intelligence Advisory Board.

(a) There is hereby established, within the Executive Office of the President and exclusively to advise and assist the President as set forth in this order, the President's Intelligence Advisory Board (PIAB).

(b) The PIAB shall consist of not more than 16 members appointed by the President from among individuals who are not full-time employees of the Federal Government.

(c) The President shall designate a Chair or Co-Chairs from among the members of the PIAB, who shall convene and preside at meetings of the PIAB, determine its agenda, and direct its work.

(d) Members of the PIAB and the Intelligence Oversight Board (IOB) established in section 5 of this order:

(i) shall serve without any compensation for their work on the PIAB or the IOB; and

(ii) while engaged in the work of the PIAB or the IOB, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government (5 U.S.C. 5701-5707).

(e) The PIAB shall utilize such full-time professional and administrative staff as authorized by the Chair and approved by the President or the President's designee. Such staff shall be supervised by an Executive Director of the PIAB, appointed by the President, whom the President may designate to serve also as the Executive Director of the IOB.
 

Sec. 4. Functions of the PIAB.  Consistent with the policy set forth in section 1 of this order, the PIAB shall have the authority to, as the PIAB determines appropriate, or shall, when directed by the President:

(a) assess the quality, quantity, and adequacy of intelligence collection, of analysis and estimates, and of counterintelligence and other intelligence activities, assess the adequacy of management, personnel and organization in the intelligence community, and review the performance of all agencies of the Federal Government that are engaged in the collection, evaluation, or production of intelligence or the execution of intelligence policy and report the results of such assessments or reviews:

(i) to the President, as necessary but not less than twice each year; and

(ii) to the Director of National Intelligence (DNI) and the heads of departments concerned when the PIAB determines appropriate; and

(b) consider and make appropriate recommendations to the President, the DNI, or the head of the department concerned with respect to matters identified to the PIAB by the DNI or the head of a department concerned.
 
Sec. 5. Establishment of Intelligence Oversight Board.

(a) There is hereby established a committee of the PIAB to be known as the Intelligence Oversight Board.

(b) The IOB shall consist of not more than five members of the PIAB who are designated by the President from among members of the PIAB to serve on the IOB. The IOB shall utilize such full-time professional and administrative staff as authorized by the Chair and approved by the President or the President's designee. Such staff shall be supervised by an Executive Director of the IOB, appointed by the President, whom the President may designate to serve also as the Executive Director of the PIAB.

(c) The President shall designate a Chair from among the members of the IOB, who shall convene and preside at meetings of the IOB, determine its agenda, and direct its work.

 
Sec. 6. Functions of the IOB. Consistent with the policy set forth in section 1 of this order, the IOB shall:

(a) issue criteria on the thresholds for reporting matters to the IOB, to the extent consistent with section 1.6(c) of Executive Order 12333 or the corresponding provision of any successor order;

(b) inform the President of intelligence activities that the IOB believes:

(i)(A) may be unlawful or contrary to Executive Order or presidential directive; and

(B) are not being adequately addressed by the Attorney General, the DNI, or the head of the department concerned; or

(ii) should be immediately reported to the President.

(c) forward to the Attorney General information concerning intelligence activities that involve possible violations of Federal criminal law or otherwise implicate the authority of the Attorney General;

(d) review and assess the effectiveness, efficiency, and sufficiency of the processes by which the DNI and the heads of departments concerned perform their respective functions under this order and report thereon as necessary, together with any recommendations, to the President and, as appropriate, the DNI and the head of the department concerned;

(e) receive and review information submitted by the DNI under subsection 7(c) of this order and make recommendations thereon, including for any needed corrective action, with respect to such information, and the intelligence activities to which the information relates, as necessary, but not less than twice each year, to the President, the DNI, and the head of the department concerned; and

(f) conduct, or request that the DNI or the head of the department concerned, as appropriate, carry out and report to the IOB the results of, investigations of intelligence activities that the IOB determines are necessary to enable the IOB to carry out its functions under this order.
 

Sec. 7. Functions of the Director of National Intelligence. Consistent with the policy set forth in section 1 of this order, the DNI shall:

(a) with respect to guidelines applicable to organizations within the intelligence community that concern reporting of intelligence activities described in subsection 6(b)(i)(A) of this order:

(i) review and ensure that such guidelines are consistent with section 1.6(c) of Executive Order 12333, or a corresponding provision of any successor order, and this order; and

(ii) issue for incorporation in such guidelines instructions relating to the format and schedule of such reporting as necessary to implement this order;

(b) with respect to intelligence activities described in subsection 6(b)(i)(A) of this order:

(i) receive reports submitted to the IOB pursuant to section 1.6(c) of Executive Order 12333, or a corresponding provision of any successor order;

(ii) forward to the Attorney General information in such reports relating to such intelligence activities to the extent that such activities involve possible violations of Federal criminal laws or implicate the authority of the Attorney General unless the DNI or the head of the department concerned has previously provided such information to the Attorney General; and

(iii) monitor the intelligence community to ensure that the head of the department concerned has directed needed corrective actions and that such actions have been taken and report to the IOB and the head of the department concerned, and as appropriate the President, when such actions have not been timely taken; and

(c) submit to the IOB as necessary and no less than twice each year:

(i) an analysis of the reports received under subsection (b)(i) of this section, including an assessment of the gravity, frequency, trends, and patterns of occurrences of intelligence activities described in subsection 6(b)(i)(A) of this order;

(ii) a summary of direction under subsection (b)(iii) of this section and any related recommendations; and

(iii) an assessment of the effectiveness of corrective action taken by the DNI or the head of the department concerned with respect to intelligence activities described in subsection 6(b)(i)(A) of this order.
 

Sec. 8. Functions of Heads of Departments Concerned and Additional Functions of the Director of National Intelligence.

(a) To the extent permitted by law, the DNI and the heads of departments concerned shall provide such information and assistance as the PIAB and the IOB determine is needed to perform their functions under this order.

(b) The heads of departments concerned shall:

(i) ensure that the DNI receives:

(A) copies of reports submitted to the IOB pursuant to section 1.6(c) of Executive Order 12333, or a corresponding provision of any successor order; and

(B) such information and assistance as the DNI may need to perform functions under this order; and

(ii) designate the offices within their respective organizations that shall submit reports to the IOB required by Executive Order and inform the DNI and the IOB of such designations; and

(iii) ensure that departments concerned comply with instructions issued by the DNI under subsection 7(a)(ii) of this order.

(c) The head of a department concerned who does not implement a recommendation to that head of department from the PIAB under subsection 4(b) of this order or from the IOB under subsections 6(c) or 6(d) of this order shall promptly report through the DNI to the Board that made the recommendation, or to the President, the reasons for not implementing the recommendation.

(d) The DNI shall ensure that the Director of the Central Intelligence Agency performs the functions with respect to the Central Intelligence Agency under this order that a head of a department concerned performs with respect to organizations within the intelligence community that are part of that department.

Sec. 9. References and Transition.

(a) References in Executive Orders other than this order, or in any other presidential guidance, to the "President's Foreign Intelligence Advisory Board" shall be deemed to be references to the President's Intelligence Advisory Board established by this order.

(b) Individuals who are members of the President's Foreign Intelligence Advisory Board under Executive Order 12863 of September 13, 1993, as amended, immediately prior to the signing of this order shall be members of the President's Intelligence Advisory Board immediately upon the signing of this order, to serve as such consistent with this order until the date that is 15 months following the date of this order.

(c) Individuals who are members of the Intelligence Oversight Board under Executive Order 12863 immediately prior to the signing of this order shall be members of the Intelligence Oversight Board under this order, to serve as such consistent with this order until the date that is 15 months following the date of this order.

(d) The individual serving as Executive Director of the President's Foreign Intelligence Advisory Board immediately prior to the signing of this order shall serve as the Executive Director of the PIAB until such person resigns, dies, or is removed, or upon appointment of a successor under this order and shall serve as the Executive Director of the IOB until an Executive Director of the IOB is appointed or designated under this order.

 
Sec. 10. Revocation. Executive Order 12863 is revoked.
 

Sec. 11. General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(b) Any person who is a member of the PIAB or IOB, or who is granted access to classified national security information in relation to the activities of the PIAB or the IOB, as a condition of access to such information, shall sign and comply with appropriate agreements to protect such information from unauthorized disclosure. This order shall be implemented in a manner consistent with Executive Order 12958 of April 17, 1995, as amended, and Executive Order 12968 of August 2, 1995, as amended.

(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.

 
-/S/- George W. Bush
THE WHITE HOUSE,
February 29, 2008.

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Executive Order 13467

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Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information

(Federal Register Vol. 73, No. 128 (July 2, 2008))

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure an efficient, practical, reciprocal, and aligned system for investigating and determining suitability for Government employment, contractor employee fitness, and eligibility for access to classified information, while taking appropriate account of title III of Public Law 108‑458, it is hereby ordered as follows:

PART 1 —POLICY, APPLICABILITY, AND DEFINITIONS
 

Section 1.1. Policy. Executive branch policies and procedures relating to suitability, contractor employee fitness, eligibility to hold a sensitive position, access to federally controlled facilities and information systems, and eligibility for access to classified information shall be aligned using consistent standards to the extent possible, provide for reciprocal recognition, and shall ensure cost-effective, timely, and efficient protection of the national interest, while providing fair treatment to those upon whom the Federal Government relies to conduct our Nation's business and protect national security.


Sec. 1.2.  Applicability.  

(a)  This order applies to all covered individuals as defined in section 1.3(g), except that:

(i)  the provisions regarding eligibility for physical access to federally controlled facilities and logical access to federally controlled information systems do not apply to individuals exempted in accordance with guidance pursuant to the Federal Information Security Management Act (title III of Public Law 107-347) and Homeland Security Presidential Directive 12; and

(ii)  the qualification standards for enlistment, appointment, and induction into the Armed Forces pursuant to title 10, United States Code, are unaffected by this order.

(b)  This order also applies to investigations and determinations of eligibility for access to classified information for employees of agencies working in or for the legislative or judicial branches when those investigations or determinations are conducted by the executive branch.

Sec. 1.3.  Definitions.  For the purpose of this order:

(a)  "Adjudication" means the evaluation of pertinent data in a background investigation, as well as any other available information that is relevant and reliable, to determine whether a covered individual is:

(i)  suitable for Government employment;

(ii)  eligible for logical and physical access;

(iii)  eligible for access to classified information;

(iv)  eligible to hold a sensitive position; or

(v)  fit to perform work for or on behalf of the Government as a contractor employee.

(b)  "Agency" means any "Executive agency" as defined in section 105 of title 5, United States Code, including the "military departments," as defined in section 102 of title 5, United States Code, and any other entity within the executive branch that comes into possession of classified information or has designated positions as sensitive, except such an entity headed by an officer who is not a covered individual.

(c)  "Classified information" means information that has been determined pursuant to Executive Order 12958 of April 17, 1995, as amended, or a successor or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) to require protection against unauthorized disclosure.

(d)  "Continuous evaluation" means reviewing the background of an individual who has been determined to be eligible for access to classified information (including additional or new checks of commercial databases, Government databases, and other information lawfully available to security officials) at any time during the period of eligibility to determine whether that individual continues to meet the requirements for eligibility for access to classified information.

(e)  "Contractor" means an expert or consultant (not appointed under section 3109 of title 5, United States Code) to an agency; an industrial or commercial contractor, licensee, certificate holder, or grantee of any agency, including all subcontractors; a personal services contractor; or any other category of person who performs work for or on behalf of an agency (but not a Federal employee).

(f)  "Contractor employee fitness" means fitness based on character and conduct for work for or on behalf of the Government as a contractor employee.

(g)  "Covered individual" means a person who performs work for or on behalf of the executive branch, or who seeks to perform work for or on behalf of the executive branch, but does not include:

(i)  the President or (except to the extent otherwise directed by the President) employees of the President under section 105 or 107 of title 3, United States Code; or

(ii)  the Vice President or (except to the extent otherwise directed by the Vice President) employees of the Vice President under section 106 of title 3 or annual legislative branch appropriations acts.

(h)  "End-to-end automation" means an executive branch‑wide federated system that uses automation to manage and monitor cases and maintain relevant documentation of the application (but not an employment application), investigation, adjudication, and continuous evaluation processes.

(i)  "Federally controlled facilities" and "federally controlled information systems" have the meanings prescribed in guidance pursuant to the Federal Information Security Management Act (title III of Public Law 107‑347) and Homeland Security Presidential Directive 12.

(j)  "Logical and physical access" means access other than occasional or intermittent access to federally controlled facilities or information systems.

(k)  "Sensitive position" means any position so designated under Executive Order 10450 of April 27, 1953, as amended.

(l)  "Suitability" has the meaning and coverage provided in 5 CFR Part 731.

 

PART 2 —ALIGNMENT, RECIPROCITY, AND GOVERNANCE


Sec. 2.1.  Aligned System. 

(a)  Investigations and adjudications of covered individuals who require a determination of suitability, eligibility for logical and physical access, eligibility to hold a sensitive position, eligibility for access to classified information, and, as appropriate, contractor employee fitness, shall be aligned using consistent standards to the extent possible.  Each successively higher level of investigation and adjudication shall build upon, but not duplicate, the ones below it.

(b)  The aligned system shall employ updated and consistent standards and methods, enable innovations with enterprise information technology capabilities and end-to-end automation to the extent practicable, and ensure that relevant information maintained by agencies can be accessed and shared rapidly across the executive branch, while protecting national security, protecting privacy-related information, ensuring resulting decisions are in the national interest, and providing the Federal Government with an effective workforce.

(c)  Except as otherwise authorized by law, background investigations and adjudications shall be mutually and reciprocally accepted by all agencies.  An agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a polygraph examination consistent with law, directive, or regulation) that exceed the requirements for suitability, contractor employee fitness, eligibility for logical or physical access, eligibility to hold a sensitive position, or eligibility for access to classified information without the approval of the Suitability Executive Agent or Security Executive Agent, as appropriate, and provided that approval to establish additional requirements shall be limited to circumstances where additional requirements are necessary to address significant needs unique to the agency involved or to protect national security.

 
Sec. 2.2.  Establishment and Functions of Performance Accountability Council. 

(a)  There is hereby established a Suitability and Security Clearance Performance Accountability Council (Council).

(b)  The Deputy Director for Management, Office of Management and Budget, shall serve as Chair of the Council and shall have authority, direction, and control over the Council's functions.  Membership on the Council shall include the Suitability Executive Agent and the Security Executive Agent.  The Chair shall select a Vice Chair to act in the Chair's absence.  The Chair shall have authority to designate officials from additional agencies who shall serve as members of the Council.  Council membership shall be limited to Federal Government employees and shall include suitability and security professionals.

(c)  The Council shall be accountable to the President to achieve, consistent with this order, the goals of reform, and is responsible for driving implementation of the reform effort, ensuring accountability by agencies, ensuring the Suitability Executive Agent and the Security Executive Agent align their respective processes, and sustaining reform momentum.

(d)  The Council shall:

(i)  ensure alignment of suitability, security, and, as appropriate, contractor employee fitness investigative and adjudicative processes;

(ii)  hold agencies accountable for the implementation of suitability, security, and, as appropriate, contractor employee fitness processes and procedures;

(iii)  establish requirements for enterprise information technology;

(iv)  establish annual goals and progress metrics and prepare annual reports on results;

(v)  ensure and oversee the development of tools and techniques for enhancing background investigations and the making of eligibility determinations;

(vi)  arbitrate disparities in procedures between the Suitability Executive Agent and the Security Executive Agent;

(vii)  ensure sharing of best practices; and

(viii)  advise the Suitability Executive Agent and the Security Executive Agent on policies affecting the alignment of investigations and adjudications.

(e)  The Chair may, to ensure the effective implementation of the policy set forth in section 1.1 of this order and to the extent consistent with law, assign, in whole or in part, to the head of any agency (solely or jointly) any function within the Council's responsibility relating to alignment and improvement of investigations and determinations of suitability, contractor employee fitness, eligibility for logical and physical access, eligibility for access to classified information, or eligibility to hold a sensitive position.
 

Sec. 2.3.  Establishment, Designation, and Functions of Executive Agents. 

(a)  There is hereby established a Suitability Executive Agent and a Security Executive Agent.

(b)  The Director of the Office of Personnel Management shall serve as the Suitability Executive Agent.  As the Suitability Executive Agent, the Director of the Office of Personnel Management will continue to be responsible for developing and implementing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of investigations and adjudications relating to determinations of suitability and eligibility for logical and physical access.

(c)  The Director of National Intelligence shall serve as the Security Executive Agent.  The Security Executive Agent:

(i)  shall direct the oversight of investigations and determinations of eligibility for access to classified information or eligibility to hold a sensitive position made by any agency;

(ii)  shall be responsible for developing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of investigations and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position;

(iii)  may issue guidelines and instructions to the heads of agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, and timeliness in processes relating to determinations by agencies of eligibility for access to classified information or eligibility to hold a sensitive position;

(iv)  shall serve as the final authority to designate an agency or agencies to conduct 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 classified information or eligibility to hold a sensitive position;

(v)  shall serve as the final authority to designate an agency or agencies to determine eligibility for access to classified information in accordance with Executive Order 12968 of August 2, 1995;

(vi)  shall ensure reciprocal recognition of eligibility for access to classified information among the agencies, including acting as the final authority to arbitrate and resolve disputes among the agencies involving the reciprocity of investigations and determinations of eligibility for access to classified information or eligibility to hold a sensitive position; and

(vii)  may assign, in whole or in part, to the head of any agency (solely or jointly) any of the functions detailed in (i) through (vi), above, with the agency's exercise of such assigned functions to be subject to the Security Executive Agent's oversight and with such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate.

(d)  Nothing in this order shall be construed in a manner that would limit the authorities of the Director of the Office of Personnel Management or the Director of National Intelligence under law.

 
Sec. 2.4.  Additional Functions. 

(a)  The duties assigned to the Security Policy Board by Executive Order 12968 of August 2, 1995, to consider, coordinate, and recommend policy directives for executive branch security policies, procedures, and practices are reassigned to the Security Executive Agent.

(b)  Heads of agencies shall:

(i)  carry out any function assigned to the agency head by the Chair, and shall assist the Chair, the Council, the Suitability Executive Agent, and the Security Executive Agent in carrying out any function under sections 2.2 and 2.3 of this order;

(ii)  implement any policy or procedure developed pursuant to this order;

(iii)  to the extent permitted by law, make available to the Performance Accountability Council, the Suitability Executive Agent, or the Security Executive Agent such information as may be requested to implement this order;

(iv)  ensure that all actions taken under this order take account of the counterintelligence interests of the United States, as appropriate; and

(v)  ensure that actions taken under this order are consistent with the President's constitutional authority to:

(A)  conduct the foreign affairs of the United States;

(B)  withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties;

(C)  recommend for congressional consideration such measures as the President may judge necessary or expedient; and

(D)  supervise the unitary executive branch.

  
PART 3 – MISCELLANEOUS

 
Sec. 3.  General Provisions. 

(a)  Executive Order 13381 of June 27, 2005, as amended, is revoked.  Nothing in this order shall:

(i)  supersede, impede, or otherwise affect:

(A)  Executive Order 10450 of April 27, 1953, as amended;

(B)  Executive Order 10577 of November 23, 1954, as amended;

(C)  Executive Order 12333 of December 4, 1981, as amended;

(D)  Executive Order 12829 of January 6, 1993, as amended; or

(E)  Executive Order 12958 of April 17, 1995, as amended; nor

(ii)  diminish or otherwise affect the denial and revocation procedures provided to individuals covered by Executive Order 10865 of February 20, 1960, as amended.

(b)  Executive Order 12968 of August 2, 1995 is amended:

(i)  by inserting:  "Sec. 3.5.  Continuous Evaluation.  An individual who has been determined to be eligible for or who currently has access to classified information shall be subject to continuous evaluation under standards (including, but not limited to, the frequency of such evaluation) as determined by the Director of National Intelligence."; and

(ii)  by striking "the Security Policy Board shall make recommendations to the President through the Assistant to the President for National Security Affairs" in section 6.3(a) and inserting in lieu thereof "the Director of National Intelligence shall serve as the final authority";

(iii)  by striking "Security Policy Board" and inserting in lieu thereof "Security Executive Agent" in each instance;

(iv)  by striking "the Board" in section 1.1(j) and inserting in lieu thereof "the Security Executive Agent"; and

(v)  by inserting "or appropriate automated procedures" in section 3.1(b) after "by appropriately trained adjudicative personnel".

(c)  Nothing in this order shall supersede, impede, or otherwise affect the remainder of Executive Order 12968 of August 2, 1995, as amended.

(d)  Executive Order 12171 of November 19, 1979, as amended, is further amended by striking "The Center for Federal Investigative Services" in section 1‑216 and inserting in lieu thereof "The Federal Investigative Services Division."

(e)  Nothing in this order shall be construed to impair or otherwise affect the:

(i)  authority granted by law to a department or agency, or the head thereof; or

(ii)  functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(f)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(g)  Existing delegations of authority made pursuant to Executive Order 13381 of June 27, 2005, as amended, to any agency relating to granting eligibility for access to classified information and conducting investigations shall remain in effect, subject to the exercise of authorities pursuant to this order to revise or revoke such delegation.

(h)  If any provision of this order or the application of such provision is held to be invalid, the remainder of this order shall not be affected.

(i)  This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers or employees, or any other person.

 

-/S/- George W. Bush
THE WHITE HOUSE,
June 30, 2008.

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Intelligence Reform and Terrorism Prevention Act of 2004

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(Public Law 108-458 of December 17, 2004; 118 STAT. 3638)
 

An Act To reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE—This Act may be cited as the `Intelligence Reform and Terrorism Prevention Act of 2004'.

(b) TABLE OF CONTENTS—The table of contents for this Act is as follows:

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

Sec. 1001.     Short title.

Subtitle A—Establishment of Director of National Intelligence

Sec. 1011.     Reorganization and improvement of management of intelligence

         community.

Sec. 1012.     Revised definition of national intelligence.

Sec. 1013.     Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.

Sec. 1014.     Role of Director of National Intelligence in appointment of certain officials responsible for intelligence-related activities.

Sec. 1015.     Executive Schedule matters.

Sec. 1016.     Information sharing.

Sec. 1017.     Alternative analysis of intelligence by the intelligence community.

Sec. 1018.     Presidential guidelines on implementation and preservation of authorities.

Sec. 1019.     Assignment of responsibilities relating to analytic integrity.

Sec. 1020.     Safeguard of objectivity in intelligence analysis.

Subtitle B—National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers

Sec. 1021.     National Counterterrorism Center.

Sec. 1022.     National Counter Proliferation Center.

Sec. 1023.     National intelligence centers.

Subtitle C—Joint Intelligence Community Council

Sec. 1031.     Joint Intelligence Community Council.

Subtitle D—Improvement of Education for the Intelligence Community

Sec. 1041.     Additional education and training requirements.

Sec. 1042.     Cross-disciplinary education and training.

Sec. 1043.     Intelligence Community Scholarship Program.

Subtitle E—Additional Improvements of Intelligence Activities

Sec. 1051.     Service and national laboratories and the intelligence community.

Sec. 1052.     Open-source intelligence.

Sec. 1053.     National Intelligence Reserve Corps.

Subtitle F—Privacy and Civil Liberties

Sec. 1061.     Privacy and Civil Liberties Oversight Board.

Sec. 1062.     Privacy and civil liberties officers.

Subtitle G—Conforming and Other Amendments

Sec. 1071.     Conforming amendments relating to roles of Director of National Intelligence and Director of the Central Intelligence Agency.

Sec. 1072.     Other conforming amendments.

Sec. 1073.     Elements of intelligence community under National Security Act of 1947.

Sec. 1074.     Redesignation of National Foreign Intelligence Program as National Intelligence Program.

Sec. 1075.     Repeal of superseded authority.

Sec. 1076.     Clerical amendments to National Security Act of 1947.

Sec. 1077.     Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.

Sec. 1078.     Authority to establish inspector general for the Office of the Director of National Intelligence.

Sec. 1079.     Ethics matters.

Sec. 1080.     Construction of authority of Director of National Intelligence to acquire and manage property and services.

Sec. 1081.     General references.

Subtitle H—Transfer, Termination, Transition, and Other Provisions

Sec. 1091.     Transfer of Community Management Staff.

Sec. 1092.     Transfer of Terrorist Threat Integration Center.

Sec. 1093.     Termination of positions of Assistant Directors of Central Intelligence.

Sec. 1094.     Implementation plan.

Sec. 1095.     Director of National Intelligence report on implementation of intelligence community reform.

Sec. 1096.     Transitional authorities.

Sec. 1097.     Effective dates.

Subtitle I—Other Matters

Sec. 1101.     Study of promotion and professional military education school selection rates for military intelligence officers.

Sec. 1102.     Extension and improvement of authorities of Public Interest Declassification Board.

Sec. 1103.     Severability.

TITLE II—FEDERAL BUREAU OF INVESTIGATION

Sec. 2001.     Improvement of intelligence capabilities of the Federal Bureau of Investigation.

Sec. 2002.     Directorate of Intelligence of the Federal Bureau of Investigation.

Sec. 2003.     Federal Bureau of Investigation intelligence career service.

Sec. 2004.     Federal Bureau of Investigation Reserve Service.

Sec. 2005.     Federal Bureau of Investigation mandatory separation age.

Sec. 2006.     Federal Bureau of Investigation use of translators.

 

TITLE III—SECURITY CLEARANCES

Sec. 3001.     Security clearances.

TITLE IV—TRANSPORTATION SECURITY

Subtitle A—National Strategy for Transportation Security

Sec. 4001.     National Strategy for Transportation Security.

Subtitle B—Aviation Security

Sec. 4011.     Provision for the use of biometric or other technology.

Sec. 4012.     Advanced airline passenger prescreening.

Sec. 4013.     Deployment and use of detection equipment at airport screening checkpoints.

Sec. 4014.     Advanced airport checkpoint screening devices.

Sec. 4015.     Improvement of screener job performance.

Sec. 4016.     Federal air marshals.

Sec. 4017.     International agreements to allow maximum deployment of Federal air marshals.

Sec. 4018.     Foreign air marshal training.

Sec. 4019.     In-line checked baggage screening.

Sec. 4020.     Checked baggage screening area monitoring.

Sec. 4021.     Wireless communication.

Sec. 4022.     Improved pilot licenses.

Sec. 4023.     Aviation security staffing.

Sec. 4024.     Improved explosive detection systems.

Sec. 4025.     Prohibited items list.

Sec. 4026.     Man-Portable Air Defense Systems (MANPADs).

Sec. 4027.     Technical corrections.

Sec. 4028.     Report on secondary flight deck barriers.

Sec. 4029.     Extension of authorization of aviation security funding.

Subtitle C—Air Cargo Security

Sec. 4051.     Pilot program to evaluate use of blast resistant cargo and baggage containers.

Sec. 4052.     Air cargo security.

Sec. 4053.     Air cargo security regulations.

Sec. 4054.     Report on international air cargo threats.

Subtitle D—Maritime Security

Sec. 4071.     Watch lists for passengers aboard vessels.

Sec. 4072.     Deadlines for completion of certain plans, reports, and assessments.

Subtitle E—General Provisions

Sec. 4081.     Definitions.

Sec. 4082.     Effective date.

TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS

Subtitle A—Advanced Technology Northern Border Security Pilot Program

Sec. 5101.     Establishment.

Sec. 5102.     Program requirements.

Sec. 5103.     Administrative provisions.

Sec. 5104.     Report.

Sec. 5105.     Authorization of appropriations.

Subtitle B—Border and Immigration Enforcement

Sec. 5201.     Border surveillance.

Sec. 5202.     Increase in full-time Border Patrol agents.

Sec. 5203.     Increase in full-time immigration and customs enforcement investigators.

Sec. 5204.     Increase in detention bed space.

Subtitle C—Visa Requirements

Sec. 5301.     In person interviews of visa applicants.

Sec. 5302.     Visa application requirements.

Sec. 5303.     Effective date.

Sec. 5304.     Revocation of visas and other travel documentation.

Subtitle D—Immigration Reform

Sec. 5401.     Bringing in and harboring certain aliens.

Sec. 5402.     Deportation of aliens who have received military-type training from terrorist organizations.

Sec. 5403.     Study and report on terrorists in the asylum system.

Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad

Sec. 5501.     Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad.

Sec. 5502.     Inadmissibility and deportability of foreign government officials who have committed particularly severe violations of religious freedom.

Sec. 5503.     Waiver of inadmissibility.

Sec. 5504.     Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom.

Sec. 5505.     Establishment of the Office of Special Investigations.

Sec. 5506.     Report on implementation.

TITLE VI—TERRORISM PREVENTION

Subtitle A—Individual Terrorists as Agents of Foreign Powers

Sec. 6001.     Individual terrorists as agents of foreign powers.

Sec. 6002.     Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.

Subtitle B—Money Laundering and Terrorist Financing

Sec. 6101.     Additional authorization for finCEN.

Sec. 6102.     Money laundering and financial crimes strategy reauthorization.

Subtitle C—Money Laundering Abatement and Financial Antiterrorism Technical Corrections

Sec. 6201.     Short title.

Sec. 6202.     Technical corrections to Public Law 107-56.

Sec. 6203.     Technical corrections to other provisions of law.

Sec. 6204.     Repeal of review.

Sec. 6205.     Effective date.

Subtitle D—Additional Enforcement Tools

Sec. 6301.     Bureau of Engraving and Printing security printing.

Sec. 6302.     Reporting of certain cross-border transmittal of funds.

Sec. 6303.     Terrorism financing.

Subtitle E—Criminal History Background Checks

Sec. 6401.     Protect Act.

Sec. 6402.     Reviews of criminal records of applicants for private security officer employment.

Sec. 6403.     Criminal history background checks.

Subtitle F—Grand Jury Information Sharing

Sec. 6501.     Grand jury information sharing.

Subtitle G—Providing Material Support to Terrorism

Sec. 6601.     Short title.

Sec. 6602.     Receiving military-type training from a foreign terrorist organization.

Sec. 6603.     Additions to offense of providing material support to terrorism.

Sec. 6604.     Financing of terrorism.

Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004

Sec. 6701.     Short title.

Sec. 6702.     Hoaxes and recovery costs.

Sec. 6703.     Obstruction of justice and false statements in terrorism cases.

Sec. 6704.     Clarification of definition.

Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004

Sec. 6801.     Short title.

Sec. 6802.     Weapons of mass destruction.

Sec. 6803.     Participation in nuclear and weapons of mass destruction threats to the United States.

Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004

Sec. 6901.     Short title.

Sec. 6902.     Findings and purpose.

Sec. 6903.     Missile systems designed to destroy aircraft.

Sec. 6904.     Atomic weapons.

Sec. 6905.     Radiological dispersal devices.

Sec. 6906.     Variola virus.

Sec. 6907.     Interception of communications.

Sec. 6908.     Amendments to section 2332b(g)(5)(b) of title 18, United States Code.

Sec. 6909.     Amendments to section 1956(c)(7)(d) of title 18, United States Code.

Sec. 6910.     Export licensing process.

Sec. 6911.     Clerical amendments.

Subtitle K—Pretrial Detention of Terrorists

Sec. 6951.     Short title.

Sec. 6952.     Presumption for pretrial detention in cases involving terrorism.

TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

Sec. 7001.     Short title.

Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism

Sec. 7101.     Findings.

Sec. 7102.     Terrorist sanctuaries.

Sec. 7103.     United States commitment to the future of Pakistan.

Sec. 7104.     Assistance for Afghanistan.

Sec. 7105.     The relationship between the United States and Saudi Arabia.

Sec. 7106.     Efforts to combat Islamist terrorism.

Sec. 7107.     United States policy toward dictatorships.

Sec. 7108.     Promotion of free media and other American values.

Sec. 7109.     Public diplomacy responsibilities of the Department of State.

Sec. 7110.     Public diplomacy training.

Sec. 7111.     Promoting democracy and human rights at international organizations.

Sec. 7112.     Expansion of United States scholarship and exchange programs in the Islamic world.

Sec. 7113.     Program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.

Sec. 7114.     International Youth Opportunity Fund.

Sec. 7115.     The use of economic policies to combat terrorism.

Sec. 7116.     Middle East partnership initiative.

Sec. 7117.     Comprehensive coalition strategy for fighting terrorism.

Sec. 7118.     Financing of terrorism.

Sec. 7119.     Designation of foreign terrorist organizations.

Sec. 7120.     Report to Congress.

Sec. 7121.     Case-Zablocki Act requirements.

Sec. 7122.     Effective date.

Subtitle B—Terrorist Travel and Effective Screening

Sec. 7201.     Counterterrorist travel intelligence.

Sec. 7202.     Establishment of human smuggling and trafficking center.

Sec. 7203.     Responsibilities and functions of consular officers.

Sec. 7204.     International agreements to track and curtail terrorist travel through the use of fraudulently obtained documents.

Sec. 7205.     International standards for transliteration of names into the Roman alphabet for international travel documents and name-based watchlist systems.

Sec. 7206.     Immigration security initiative.

Sec. 7207.     Certification regarding technology for visa waiver participants.

Sec. 7208.     Biometric entry and exit data system.

Sec. 7209.     Travel documents.

Sec. 7210.     Exchange of terrorist information and increased preinspection at foreign airports.

Sec. 7211.     Minimum standards for birth certificates.

Sec. 7212.     Driver's licenses and personal identification cards.

Sec. 7213.     Social security cards and numbers.

Sec. 7214.     Prohibition of the display of social security account numbers on driver's licenses or motor vehicle registrations.

Sec. 7215.     Terrorist travel program.

Sec. 7216.     Increase in penalties for fraud and related activity.

Sec. 7217.     Study on allegedly lost or stolen passports.

Sec. 7218.     Establishment of visa and passport security program in the Department of State.

Sec. 7219.     Effective date.

Sec. 7220.     Identification standards.

Subtitle C—National Preparedness

Sec. 7301.     The incident command system.

Sec. 7302.     National capital region mutual aid.

Sec. 7303.     Enhancement of public safety communications interoperability.

Sec. 7304.     Regional model strategic plan pilot projects.

Sec. 7305.     Private sector preparedness.

Sec. 7306.     Critical infrastructure and readiness assessments.

Sec. 7307.     Northern command and defense of the United States homeland.

Sec. 7308.     Effective date.

Subtitle D—Homeland Security

Sec. 7401.     Sense of Congress on first responder funding.

Sec. 7402.     Coordination of industry efforts.

Sec. 7403.     Study regarding nationwide emergency notification system.

Sec. 7404.     Pilot study to move warning systems into the modern digital age.

Sec. 7405.     Required coordination.

Sec. 7406.     Emergency preparedness compacts.

Sec. 7407.     Responsibilities of counternarcotics office.

Sec. 7408.     Use of counternarcotics enforcement activities in certain employee performance appraisals.

Subtitle E—Public Safety Spectrum

Sec. 7501.     Digital television conversion deadline.

Sec. 7502.     Studies on telecommunications capabilities and requirements.

Subtitle F—Presidential Transition

Sec. 7601.     Presidential transition.

Subtitle G—Improving International Standards and Cooperation to Fight Terrorist Financing

Sec. 7701.     Improving international standards and cooperation to fight terrorist financing.

Sec. 7702.     Definitions.

Sec. 7703.     Expanded reporting and testimony requirements for the Secretary of the Treasury.

Sec. 7704.     Coordination of United States Government efforts.

Subtitle H—Emergency Financial Preparedness

Sec. 7801.     Delegation authority of the Secretary of the Treasury.

Sec. 7802.     Treasury support for financial services industry preparedness and response and consumer education.

Sec. 7803.     Emergency Securities Response Act of 2004.

Sec. 7804.     Private sector preparedness.

TITLE VIII—OTHER MATTERS

Subtitle A—Intelligence Matters

Sec. 8101.     Intelligence community use of National Infrastructure Simulation and Analysis Center.

Subtitle B—Department of Homeland Security Matters

Sec. 8201.     Homeland security geospatial information.

Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection

Sec. 8301.     Short title.

Sec. 8302.     Mission of Department of Homeland Security.

Sec. 8303.     Officer for Civil Rights and Civil Liberties.

Sec. 8304.     Protection of civil rights and civil liberties by Office of Inspector General.

Sec. 8305.     Privacy officer.

Sec. 8306.     Protections for human research subjects of the Department of Homeland Security.

Subtitle D—Other Matters

Sec. 8401.     Amendments to Clinger-Cohen Act provisions to enhance agency planning for information security needs.

Sec. 8402.     Enterprise architecture.

Sec. 8403.     Financial disclosure and records.

Sec. 8404.     Extension of requirement for air carriers to honor tickets for suspended air passenger service.

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

SEC. 1001. SHORT TITLE.

This title may be cited as the `National Security Intelligence Reform Act of 2004'.

Subtitle A—Establishment of Director of National Intelligence

REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.

SEC. 1011.

(a) IN GENERAL—Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and inserting the following new sections:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

 

(b) SENSE OF CONGRESS—It is the sense of Congress that—

(1) the human intelligence officers of the intelligence community have performed admirably and honorably in the face of great personal dangers;

(2) during an extended period of unprecedented investment and improvements in technical collection means, the human intelligence capabilities of the United States have not received the necessary and commensurate priorities;

(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric threats to the national security of the United States;

(4) the continued development and improvement of a robust and empowered and flexible human intelligence work force is critical to identifying, understanding, and countering the plans and intentions of the adversaries of the United States; and

(5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among the top priorities of the Director of National Intelligence.

(c) TRANSFORMATION OF CENTRAL INTELLIGENCE AGENCY—The Director of the Central Intelligence Agency shall, in accordance with standards developed by the Director in consultation with the Director of National Intelligence—

(1) enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency;

(2) develop and maintain an effective language program within the Agency;

(3) emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the Agency;

(4) establish and maintain effective relationships between human intelligence and signals intelligence within the Agency at the operational level; and

(5) achieve a more effective balance within the Agency with respect to unilateral operations and liaison operations.

(d) REPORT—(1) Not later than 180 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the Director of National Intelligence and the congressional intelligence committees a report setting forth the following:

(A) A strategy for improving the conduct of analysis (including strategic analysis) by the Central Intelligence Agency, and the progress of the Agency in implementing that strategy.

(B) A strategy for improving the human intelligence and other capabilities of the Agency, and the progress of the Agency in implementing that strategy.

(2)(A) The information in the report under paragraph (1) on the strategy referred to in paragraph (1)(B) shall—

(i) identify the number and types of personnel required to implement that strategy;

(ii) include a plan for the recruitment, training, equipping, and deployment of such personnel; and

(iii) set forth an estimate of the costs of such activities.

(B) If as of the date of the report under paragraph (1), a proper balance does not exist between unilateral operations and liaison operations, such report shall set forth the steps to be taken to achieve such balance.

REVISED DEFINITION OF NATIONAL INTELLIGENCE.

SEC. 1012.

Paragraph (5) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:

`(5) The terms `national intelligence' and `intelligence related to national security' refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that—

`(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and

`(B) that involves—

`(i) threats to the United States, its people, property, or interests;

`(ii) the development, proliferation, or use of weapons of mass destruction; or

`(iii) any other matter bearing on United States national or homeland security.'.

JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.

SEC. 1013.

(a) Development of Procedures—The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following:

(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum—

(A) information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and

(B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.

(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort.

(b) Implementation Report—Not later than 180 days after the date of the enactment of the Act, the Director of National Intelligence shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures.

ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.

SEC. 1014.

Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6) is amended by striking all after the heading and inserting the following:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

EXECUTIVE SCHEDULE MATTERS.

SEC. 1015.

(a) EXECUTIVE SCHEDULE LEVEL I—Section 5312 of title 5, United States Code, is amended by adding at the end the following new item:

`Director of National Intelligence.'.

(b) EXECUTIVE SCHEDULE LEVEL II—Section 5313 of title 5, United States Code, is amended by adding at the end the following new items:

`Principal Deputy Director of National Intelligence.

`Director of the National Counterterrorism Center.

`Director of the National Counter Proliferation Center.'.

(c) EXECUTIVE SCHEDULE LEVEL IV—Section 5315 of title 5, United States Code, is amended—

(1) by striking the item relating to the Assistant Directors of Central Intelligence; and

(2) by adding at the end the following new item:

`General Counsel of the Office of the National Intelligence Director.'.

INFORMATION SHARING.

SEC. 1016.

(a) DEFINITIONS—In this section:

(1) HOMELAND SECURITY INFORMATION—The term `homeland security information' has the meaning given that term in section 892(f) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).

(2) INFORMATION SHARING COUNCIL—The term `Information Sharing Council' means the Information Systems Council established by Executive Order 13356, or any successor body designated by the President, and referred to under subsection (g).

(3) INFORMATION SHARING ENVIRONMENT—The terms `information sharing environment' and `ISE' mean an approach that facilitates the sharing of terrorism and homeland security information, which may include any method determined necessary and appropriate for carrying out this section.

(4) PROGRAM MANAGER—The term `program manager' means the program manager designated under subsection (f).

 (5) TERRORISM INFORMATION—The term `terrorism information'—

(A) means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to—

(i) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism;

(ii) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations;

(iii) communications of or by such groups or individuals; or

(iv) groups or individuals reasonably believed to be assisting or associated with such groups or individuals; and

(B) includes weapons of mass destruction information.

(6) WEAPONS OF MASS DESTRUCTION INFORMATION—The term `weapons of mass destruction information' means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including a chemical, biological, radiological, or nuclear weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.

(b) INFORMATION SHARING ENVIRONMENT—

(1) ESTABLISHMENT—The President shall—

(A) create an information sharing environment for the sharing of terrorism information in a manner consistent with national security and with applicable legal standards relating to privacy and civil liberties;

(B) designate the organizational and management structures that will be used to operate and manage the ISE; and

(C) determine and enforce the policies, directives, and rules that will govern the content and usage of the ISE.

(2) ATTRIBUTES—The President shall, through the structures described in subparagraphs (B) and (C) of paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information among all appropriate Federal, State, local, and tribal entities, and the private sector through the use of policy guidelines and technologies. The President shall, to the greatest extent practicable, ensure that the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distributed, and coordinated environment that—

(A) connects existing systems, where appropriate, provides no single points of failure, and allows users to share information among agencies, between levels of government, and, as appropriate, with the private sector;

(B) ensures direct and continuous online electronic access to information;

(C) facilitates the availability of information in a form and manner that facilitates its use in analysis, investigations and operations;

(D) builds upon existing systems capabilities currently in use across the Government;

(E) employs an information access management approach that controls access to data rather than just systems and networks, without sacrificing security;

(F) facilitates the sharing of information at and across all levels of security;

(G) provides directory services, or the functional equivalent, for locating people and information;

(H) incorporates protections for individuals' privacy and civil liberties;

(I) incorporates strong mechanisms to enhance accountability and facilitate oversight, including audits, authentication, and access controls;

(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;

(K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with appropriate security protocols and safeguards, to enable connectivity among required users at the Federal, State, and local levels;

(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;

(M) permits analysts to collaborate both independently and in a group (commonly known as `collective and noncollective collaboration'), and across multiple levels of national security information and controlled unclassified information;

(N) provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; and

(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.

(c) PRELIMINARY REPORT—Not later than 180 days after the date of the enactment of this Act, the program manager shall, in consultation with the Information Sharing Council—

(1) submit to the President and Congress a description of the technological, legal, and policy issues presented by the creation of the ISE, and the way in which these issues will be addressed;

(2) establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating in the Federal Government intelligence and terrorism information and people with relevant knowledge about intelligence and terrorism information; and

(3) conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing information.

(d) GUIDELINES AND REQUIREMENTS—As soon as possible, but in no event later than 270 days after the date of the enactment of this Act, the President shall—

(1) leverage all ongoing efforts consistent with establishing the ISE and issue guidelines for acquiring, accessing, sharing, and using information, including guidelines to ensure that information is provided in its most shareable form, such as by using tearlines to separate out data from the sources and methods by which the data are obtained;

(2) in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, issue guidelines that—

(A) protect privacy and civil liberties in the development and use of the ISE; and

(B) shall be made public, unless nondisclosure is clearly necessary to protect national security; and

(3) require the heads of Federal departments and agencies to promote a culture of information sharing by—

(A) reducing disincentives to information sharing, including over-classification of information and unnecessary requirements for originator approval, consistent with applicable laws and regulations; and

(B) providing affirmative incentives for information sharing.

(e) IMPLEMENTATION PLAN REPORT—Not later than one year after the date of the enactment of this Act, the President shall, with the assistance of the program manager, submit to Congress a report containing an implementation plan for the ISE. The report shall include the following:

(1) A description of the functions, capabilities, resources, and conceptual design of the ISE, including standards.

(2) A description of the impact on enterprise architectures of participating agencies.

(3) A budget estimate that identifies the incremental costs associated with designing, testing, integrating, deploying, and operating the ISE.

(4) A project plan for designing, testing, integrating, deploying, and operating the ISE.

(5) The policies and directives referred to in subsection (b)(1)(C), as well as the metrics and enforcement mechanisms that will be utilized.

(6) Objective, systemwide performance measures to enable the assessment of progress toward achieving the full implementation of the ISE.

(7) A description of the training requirements needed to ensure that the ISE will be adequately implemented and properly utilized.

(8) A description of the means by which privacy and civil liberties will be protected in the design and operation of the ISE.

(9) The recommendations of the program manager, in consultation with the Information Sharing Council, regarding whether, and under what conditions, the ISE should be expanded to include other intelligence information.

(10) A delineation of the roles of the Federal departments and agencies that will participate in the ISE, including an identification of the agencies that will deliver the infrastructure needed to operate and manage the ISE (as distinct from individual department or agency components that are part of the ISE), with such delineation of roles to be consistent with—

(A) the authority of the Director of National Intelligence under this title, and the amendments made by this title, to set standards for information sharing throughout the intelligence community; and

(B) the authority of the Secretary of Homeland Security and the Attorney General, and the role of the Department of Homeland Security and the Department of Justice, in coordinating with State, local, and tribal officials and the private sector.

(11) The recommendations of the program manager, in consultation with the Information Sharing Council, for a future management structure for the ISE, including whether the position of program manager should continue to remain in existence.

(f) PROGRAM MANAGER—

(1) DESIGNATION—Not later than 120 days after the date of the enactment of this Act, with notification to Congress, the President shall designate an individual as the program manager responsible for information sharing across the Federal Government. The individual designated as the program manager shall serve as program manager until removed from service or replaced by the President (at the President's sole discretion). The program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located, except as otherwise expressly provided by law.

(2) DUTIES AND RESPONSIBILITIES—

(A) IN GENERAL—The program manager shall, in consultation with the Information Sharing Council—

(i) plan for and oversee the implementation of, and manage, the ISE;

(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;

(iii) consistent with the direction and policies issued by the President, the Director of National Intelligence, and the Director of the Office of Management and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;

(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and

(v) assist, monitor, and assess the implementation of the ISE by Federal departments and agencies to ensure adequate progress, technological consistency and policy compliance; and regularly report the findings to Congress.

(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES, AND STANDARDS—The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) shall—

(i) take into account the varying missions and security requirements of agencies participating in the ISE;

(ii) address development, implementation, and oversight of technical standards and requirements;

(iii) take into account ongoing and planned efforts that support development, implementation and management of the ISE;

(iv) address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the homeland security community and the law enforcement community;

(v) address and facilitate information sharing between Federal departments and agencies and State, tribal, and local governments;

(vi) address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector;

(vii) address and facilitate, as appropriate, information sharing between Federal departments and agencies with foreign partners and allies; and

(viii) ensure the protection of privacy and civil liberties.

(g) INFORMATION SHARING COUNCIL—

(1) ESTABLISHMENT—There is established an Information Sharing Council that shall assist the President and the program manager in their duties under this section. The Information Sharing Council shall serve until removed from service or replaced by the President (at the sole discretion of the President) with a successor body.

(2) SPECIFIC DUTIES—In assisting the President and the program manager in their duties under this section, the Information Sharing Council shall—

(A) advise the President and the program manager in developing policies, procedures, guidelines, roles, and standards necessary to establish, implement, and maintain the ISE;

(B) work to ensure coordination among the Federal departments and agencies participating in the ISE in the establishment, implementation, and maintenance of the ISE;

(C) identify and, as appropriate, recommend the consolidation and elimination of current programs, systems, and processes used by Federal departments and agencies to share information, and recommend, as appropriate, the redirection of existing resources to support the ISE;

(D) identify gaps, if any, between existing technologies, programs and systems used by Federal departments and agencies to share information and the parameters of the proposed information sharing environment;

(E) recommend solutions to address any gaps identified under subparagraph (D);

(F) recommend means by which the ISE can be extended to allow interchange of information between Federal departments and agencies and appropriate authorities of State and local governments;

(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;

(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and

(I) recommend whether or not, and by which means, the ISE should be expanded so as to allow future expansion encompassing other relevant categories of information.

(3) CONSULTATION—In performing its duties, the Information Sharing Council shall consider input from persons and entities outside the Federal Government having significant experience and expertise in policy, technical matters, and operational matters relating to the ISE.

(4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT—The Information Sharing Council (including any subsidiary group of the Information Sharing Council) not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).

(5) DETAILEES—Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H).

(h) PERFORMANCE MANAGEMENT REPORTS-

(1) IN GENERAL—Not later than two years after the date of the enactment of this Act, and not later than June 30 of each year thereafter, the President shall submit to Congress a report on the state of the ISE and of information sharing across the Federal Government.

(2) CONTENT—Each report under this subsection shall include—

(A) a progress report on the extent to which the ISE has been implemented, including how the ISE has fared on the performance measures and whether the performance goals set in the preceding year have been met;

(B) objective system-wide performance goals for the following year;

(C) an accounting of how much was spent on the ISE in the preceding year;

(D) actions taken to ensure that procurement of and investments in systems and technology are consistent with the implementation plan for the ISE;

(E) the extent to which all terrorism watch lists are available for combined searching in real time through the ISE and whether there are consistent standards for placing individuals on, and removing individuals from, the watch lists, including the availability of processes for correcting errors;

(F) the extent to which State, tribal, and local officials are participating in the ISE;

(G) the extent to which private sector data, including information from owners and operators of critical infrastructure, is incorporated in the ISE, and the extent to which individuals and entities outside the government are receiving information through the ISE;

(H) the measures taken by the Federal government to ensure the accuracy of information in the ISE, in particular the accuracy of information about individuals;

(I) an assessment of the privacy and civil liberties protections of the ISE, including actions taken in the preceding year to implement or enforce privacy and civil liberties protections; and

(J) an assessment of the security protections used in the ISE.

(i) AGENCY RESPONSIBILITIES—The head of each department or agency that possesses or uses intelligence or terrorism information, operates a system in the ISE, or otherwise participates (or expects to participate) in the ISE shall—

(1) ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and standards established under subsections (b) and (f);

(2) ensure the provision of adequate resources for systems and activities supporting operation of and participation in the ISE;

(3) ensure full department or agency cooperation in the development of the ISE to implement governmentwide information sharing; and

(4) submit, at the request of the President or the program manager, any reports on the implementation of the requirements of the ISE within such department or agency.

(j) Report on the Information Sharing Environment-

(1) IN GENERAL—Not later than 180 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of—

(A) eliminating the use of any marking or process (including `Originator Control') intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, between and among participants in the information sharing environment, unless the President has—

(i) specifically exempted categories of information from such elimination; and

(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and

(B) continuing to use Federal agency standards in effect on such date of enactment for the collection, sharing, and access to information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, relating to citizens and lawful permanent residents;

(C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, for a particular purpose that the Federal Government, through an appropriate process established in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an `authorized use' standard); and

(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, in any cases in which—

(i) the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; and

ii) such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information.

(2) DEFINITION—In this subsection, the term `anonymized data' means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.

(k) Additional Positions—The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in—

(1) activities associated with the implementation of the information sharing environment, including—

(A) implementing the requirements under subsection (b)(2); and

(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment; and

(2) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv).

(l) Authorization of Appropriations—There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.

ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY.

SEC. 1017.

(a) IN GENERAL—Not later than 180 days after the effective date of this Act, the Director of National Intelligence shall establish a process and assign an individual or entity the responsibility for ensuring that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly referred to as `red-team analysis') of the information and conclusions in intelligence products.

(b) REPORT—Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives on the implementation of subsection (a).

PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES.

SEC. 1018.

The President shall issue guidelines to ensure the effective implementation and execution within the executive branch of the authorities granted to the Director of National Intelligence by this title and the amendments made by this title, in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments of the United States Government concerning such departments, including, but not limited to:

(1) the authority of the Director of the Office of Management and Budget; and

(2) the authority of the principal officers of the executive departments as heads of their respective departments, including, but not limited to, under—

(A) section 199 of the Revised Statutes (22 U.S.C. 2651);

(B) title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.);

(C) the State Department Basic Authorities Act of 1956;

(D) section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); and

(E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31, United States Code.

ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC INTEGRITY.

SEC. 1019.

(a) ASSIGNMENT OF RESPONSIBILITIES—For purposes of carrying out section 102A(h) of the National Security Act of 1947 (as added by section 1011(a)), the Director of National Intelligence shall, not later than 180 days after the date of the enactment of this Act, assign an individual or entity to be responsible for ensuring that finished intelligence products produced by any element or elements of the intelligence community are timely, objective, independent of political considerations, based upon all sources of available intelligence, and employ the standards of proper analytic tradecraft.

(b) RESPONSIBILITIES—(1) The individual or entity assigned responsibility under subsection (a)—

(A) may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or involved in, the specific production of any finished intelligence product;

(B) shall perform, on a regular basis, detailed reviews of finished intelligence product or other analytic products by an element or elements of the intelligence community covering a particular topic or subject matter;

(C) shall be responsible for identifying on an annual basis functional or topical areas of analysis for specific review under subparagraph (B); and

(D) upon completion of any review under subparagraph (B), may draft lessons learned, identify best practices, or make recommendations for improvement to the analytic tradecraft employed in the production of the reviewed product or products.

(2) Each review under paragraph (1)(B) should—

(A) include whether the product or products concerned were based on all sources of available intelligence, properly describe the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic judgments, properly distinguish between underlying intelligence and the assumptions and judgments of analysts, and incorporate, where appropriate, alternative analyses; and

(B) ensure that the analytic methodologies, tradecraft, and practices used by the element or elements concerned in the production of the product or products concerned meet the standards set forth in subsection (a).

(3) Information drafted under paragraph (1)(D) should, as appropriate, be included in analysis teaching modules and case studies for use throughout the intelligence community.

(c) ANNUAL REPORTS—Not later than December 1 each year, the Director of National Intelligence shall submit to the congressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a report containing a description, and the associated findings, of each review under subsection (b)(1)(B) during such year.

(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED—In this section, the term `congressional intelligence committees' means—

(1) the Select Committee on Intelligence of the Senate; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives.

SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.

SEC. 1020.

(a) IN GENERAL—Not later than 180 days after the effective date of this Act, the Director of National Intelligence shall identify an individual within the Office of the Director of National Intelligence who shall be available to analysts within the Office of the Director of National Intelligence to counsel, conduct arbitration, offer recommendations, and, as appropriate, initiate inquiries into real or perceived problems of analytic tradecraft or politicization, biased reporting, or lack of objectivity in intelligence analysis.

(b) REPORT—Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives on the implementation of subsection (a).

Subtitle B—National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers

NATIONAL COUNTERTERRORISM CENTER.

SEC. 1021.

Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

 

NATIONAL COUNTER PROLIFERATION CENTER.

SEC. 1022.

Title I of the National Security Act of 1947, as amended by section 1021 of this Act, is further amended by adding at the end the following new section:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

 

NATIONAL INTELLIGENCE CENTERS.

SEC. 1023.

Title I of the National Security Act of 1947, as amended by section 1022 of this Act, is further amended by adding at the end the following new section:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

 

Subtitle C—Joint Intelligence Community Council

JOINT INTELLIGENCE COMMUNITY COUNCIL.

SEC. 1031.

Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 101 the following new section:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

 

Subtitle D—Improvement of Education for the Intelligence Community

ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.

SEC. 1041.

(a) FINDINGS—Congress makes the following findings:

(1) Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community.

(2) Since September 11, 2001, the need for language proficiency levels to meet required national security functions has been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical.

(b) LINGUISTIC REQUIREMENTS—(1) The Director of National Intelligence shall—

(A) identify the linguistic requirements for the Office of the Director of National Intelligence;

(B) identify specific requirements for the range of linguistic skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign languages; and

(C) develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists.

(2) In carrying out activities under paragraph (1), the Director shall take into account education grant programs of the Department of Defense and the Department of Education that are in existence as of the date of the enactment of this Act.

(c) PROFESSIONAL INTELLIGENCE TRAINING—The Director of National Intelligence shall require the head of each element and component within the Office of the Director of National Intelligence who has responsibility for professional intelligence training to periodically review and revise the curriculum for the professional intelligence training of the senior and intermediate level personnel of such element or component in order to—

(1) strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office; and

(2) prepare such personnel for duty with other departments, agencies, and elements of the intelligence community.

 

CROSS-DISCIPLINARY EDUCATION AND TRAINING.

SEC. 1042.

Title X of the National Security Act of 1947 (50 U.S.C. 441g) is amended by adding at the end the following new section:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

 

INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.

SEC. 1043.

Title X of the National Security Act of 1947, as amended by section 1042 of this Act, is further amended by adding at the end the following new section:

 

[Amendments omitted here—see the National Security Act of 1947 in this book]

 

Subtitle E—Additional Improvements of Intelligence Activities

SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE COMMUNITY.

SEC. 1051.

The Director of National Intelligence, in cooperation with the Secretary of Defense and the Secretary of Energy, should seek to ensure that each service laboratory of the Department of Defense and each national laboratory of the Department of Energy may, acting through the relevant Secretary and in a manner consistent with the missions and commitments of the laboratory—

(1) assist the Director of National Intelligence in all aspects of technical intelligence, including research, applied sciences, analysis, technology evaluation and assessment, and any other aspect that the relevant Secretary considers appropriate; and

(2) make available to the intelligence community, on a community-wide basis—

(A) the analysis and production services of the service and national laboratories, in a manner that maximizes the capacity and services of such laboratories; and

(B) the facilities and human resources of the service and national laboratories, in a manner that improves the technological capabilities of the intelligence community.

 

 

OPEN-SOURCE INTELLIGENCE.

SEC. 1052.

(a) Sense of Congress—It is the sense of Congress that—

(1) the Director of National Intelligence should establish an intelligence center for the purpose of coordinating the collection, analysis, production, and dissemination of open-source intelligence to elements of the intelligence community;

(2) open-source intelligence is a valuable source that must be integrated into the intelligence cycle to ensure that United States policymakers are fully and completely informed; and

(3) the intelligence center should ensure that each element of the intelligence community uses open-source intelligence consistent with the mission of such element.

(b) REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNITY OF OPEN-SOURCE INTELLIGENCE—The Director of National Intelligence shall ensure that the intelligence community makes efficient and effective use of open-source information and analysis.

(c) Report—Not later than June 30, 2005, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the decision of the Director as to whether an open-source intelligence center will be established. If the Director decides not to establish an open-source intelligence center, such report shall also contain a description of how the intelligence community will use open-source intelligence and effectively integrate open-source intelligence into the national intelligence cycle.

(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED—In this section, the term `congressional intelligence committees' means—

(1) the Select Committee on Intelligence of the Senate; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives.

NATIONAL INTELLIGENCE RESERVE CORPS.

SEC. 1053.

(a) ESTABLISHMENT—The Director of National Intelligence may provide for the establishment and training of a National Intelligence Reserve Corps (in this section referred to as `National Intelligence Reserve Corps') for the temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during periods of emergency, as determined by the Director.

(b) ELIGIBLE INDIVIDUALS—An individual may participate in the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community.

(c) TERMS OF PARTICIPATION—The Director of National Intelligence shall prescribe the terms and conditions under which eligible individuals may participate in the National Intelligence Reserve Corps.

(d) EXPENSES—The Director of National Intelligence may provide members of the National Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of participating in any training that relates to service as a member of the Reserve Corps.

(e) TREATMENT OF ANNUITANTS—(1) If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby.

(2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5, United States Code.

(f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE PERSONNEL CEILING—A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Office of the Director of National Intelligence.

Subtitle F—Privacy and Civil Liberties

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

SEC. 1061.

(a) In General—There is established as an independent agency within the executive branch a Privacy and Civil Liberties Oversight Board (referred to in this section as the `Board').

(b) Findings—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:

(1) In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers.

(2) This shift of power and authority to the Government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life and to ensure that the Government uses its powers for the purposes for which the powers were given.

(3) The National Commission on Terrorist Attacks Upon the United States correctly concluded that `The choice between security and liberty is a false choice, as nothing is more likely to endanger America's liberties than the success of a terrorist attack at home. Our history has shown us that insecurity threatens liberty. Yet, if our liberties are curtailed, we lose the values that we are struggling to defend.

(c) Purpose—The Board shall—

(1) analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and

(2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism.

(d) Functions—

(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND IMPLEMENTATION—The Board shall—

(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under subsections (d) and (f) of section 1016;

(B) review the implementation of new and existing legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under subsections (d) and (f) of section 1016;

(C) advise the President and the departments, agencies, and elements of the executive branch to ensure that privacy and civil liberties are appropriately considered in the development and implementation of such legislation, regulations, policies, and guidelines; and

(D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether the department, agency, or element of the executive branch has established—

(i) that the need for the power is balanced with the need to protect privacy and civil liberties;

(ii) that there is adequate supervision of the use by the executive branch of the power to ensure protection of privacy and civil liberties; and

(iii) that there are adequate guidelines and oversight to properly confine its use.

(2) OVERSIGHT—The Board shall continually review—

(A) the regulations, policies, and procedures, and the implementation of the regulations, policies, and procedures, of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected;

(B) the information sharing practices of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines issued or developed under subsections (d) and (f) of section 1016 and to other governing laws, regulations, and policies regarding privacy and civil liberties; and

(C) other actions by the executive branch relating to efforts to protect the Nation from terrorism to determine whether such actions—

(i) appropriately protect privacy and civil liberties; and

(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.

(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS—The Board shall—

(A) receive and review reports and other information from privacy officers and civil liberties officers under section 1062;

(B) when appropriate, make recommendations to such privacy officers and civil liberties officers regarding their activities; and

(C) when appropriate, coordinate the activities of such privacy officers and civil liberties officers on relevant interagency matters.

(4) TESTIMONY—The members of the Board shall appear and testify before Congress upon request.

(e) Reports—

(1) IN GENERAL—The Board shall—

(A) receive and review reports from privacy officers and civil liberties officers under section 1062; and

(B) periodically submit, not less than semiannually, reports—

(i)(I) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(II) to the President; and

(ii) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.

(2) CONTENTS—Not less than 2 reports submitted each year under paragraph (1)(B) shall include—

(A) a description of the major activities of the Board during the preceding period;

(B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);

(C) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);

(D) each proposal reviewed by the Board under subsection (d)(1) that—

(i) the Board advised against implementation; and

(ii) notwithstanding such advice, actions were taken to implement; and

(E) for the preceding period, any requests submitted under subsection (g)(1)(D) for the issuance of subpoenas that were modified or denied by the Attorney General.

(f) Informing the Public—The Board shall—

(1) make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and

(2) hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law.

(g) Access to Information—

(1) AUTHORIZATION—If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to—

(A) have access from any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law;

(B) interview, take statements from, or take public testimony from personnel of any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element;

(C) request information or assistance from any State, tribal, or local government; and

(D) at the direction of a majority of the members of the Board, submit a written request to the Attorney General of the United States that the Attorney General require, by subpoena, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence.

(2) REVIEW OF SUBPOENA REQUEST—

(A) IN GENERAL—Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(D), the Attorney General shall—

(i) issue the subpoena as requested; or

(ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied.

(B) NOTIFICATION—If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(3) ENFORCEMENT OF SUBPOENA—In the case of contumacy or failure to obey a subpoena issued pursuant to paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena.

(4) AGENCY COOPERATION—Whenever information or assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the head of the department, agency, or element concerned without delay. The head of the department, agency, or element concerned shall ensure that the Board is given access to the information, assistance, material, or personnel the Board determines to be necessary to carry out its functions.

(h) Membership—

(1) MEMBERS—The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) QUALIFICATIONS—Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, but in no event shall more than 3 members of the Board be members of the same political party. The President shall, before appointing an individual who is not a member of the same political party as the President, consult with the leadership of that party, if any, in the Senate and House of Representatives.

(3) INCOMPATIBLE OFFICE—An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board.

(4) TERM—Each member of the Board shall serve a term of 6 years, except that—

(A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; and

(B) upon the expiration of the term of office of a member, the member shall continue to serve until the member's successor has been appointed and qualified, except that no member may serve under this subparagraph—

(i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or

(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted.

(5) QUORUM AND MEETINGS—The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum.

(i) Compensation and Travel Expenses—

(1) COMPENSATION—

(A) CHAIRMAN—The chairman of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code.

(B) MEMBERS—Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board.

(2) TRAVEL EXPENSES—Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board.

(j) Staff—

(1) APPOINTMENT AND COMPENSATION—The chairman of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a full-time executive director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(2) DETAILEES—Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee's regular employment without interruption.

(3) CONSULTANT SERVICES—The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.

(k) Security Clearances—

(1) IN GENERAL—The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements.

(2) RULES AND PROCEDURES—After consultation with the Secretary of Defense, the Attorney General, and the Director of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, document, personnel, and other security relating to carrying out the functions of the Board.

(l) Treatment as Agency, Not as Advisory Committee—The Board—

(1) is an agency (as defined in section 551(1) of title 5, United States Code); and

(2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).

(m) Authorization of Appropriations—There are authorized to be appropriated to carry out this section amounts as follows:

(1) For fiscal year 2008, $5,000,000.

(2) For fiscal year 2009, $6,650,000.

(3) For fiscal year 2010, $8,300,000.

(4) For fiscal year 2011, $10,000,000.

(5) For fiscal year 2012 and each subsequent fiscal year, such sums as may be necessary.

PRIVACY AND CIVIL LIBERTIES OFFICERS.

SEC. 1062.

(a) Designation and Functions—The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board under section 1061 to be appropriate for coverage under this section shall designate not less than 1 senior officer to serve as the principal advisor to—

(1) assist the head of such department, agency, or element and other officials of such department, agency, or element in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism;

(2) periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering privacy and civil liberties in its actions;

(3) ensure that such department, agency, or element has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil liberties; and

(4) in providing advice on proposals to retain or enhance a particular governmental power the officer shall consider whether such department, agency, or element has established—

(A) that the need for the power is balanced with the need to protect privacy and civil liberties;

(B) that there is adequate supervision of the use by such department, agency, or element of the power to ensure protection of privacy and civil liberties; and

(C) that there are adequate guidelines and oversight to properly confine its use.

(b) Exception to Designation Authority—

(1) PRIVACY OFFICERS—In any department, agency, or element referred to in subsection (a) or designated by the Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy.

(2) CIVIL LIBERTIES OFFICERS—In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created civil liberties officer, such officer shall perform the functions specified in subsection (a) with respect to civil liberties.

(c) Supervision and Coordination—Each privacy officer or civil liberties officer described in subsection (a) or (b) shall—

(1) report directly to the head of the department, agency, or element concerned; and

(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort.

(d) Agency Cooperation—The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer—

(1) has the information, material, and resources necessary to fulfill the functions of such officer;

(2) is advised of proposed policy changes;

(3) is consulted by decision makers; and

(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer.

(e) Reprisal for Making Complaint—No action constituting a reprisal, or threat of reprisal, for making a complaint or for disclosing information to a privacy officer or civil liberties officer described in subsection (a) or (b), or to the Privacy and Civil Liberties Oversight Board, that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal Government relating to efforts to protect the Nation from terrorism shall be taken by any Federal employee in a position to take such action, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(f) Periodic Reports—

(1) IN GENERAL—The privacy officers and civil liberties officers of each department, agency, or element referred to or described in subsection (a) or (b) shall periodically, but not less than quarterly, submit a report on the activities of such officers—

(A)(i) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives;

(ii) to the head of such department, agency, or element; and

(iii) to the Privacy and Civil Liberties Oversight Board; and

(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.

(2) CONTENTS—Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including—

(A) information on the number and types of reviews undertaken;

(B) the type of advice provided and the response given to such advice;

(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; and

(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer.

(g) Informing the Public—Each privacy officer and civil liberties officer shall—

(1) make the reports of such officer, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and

(2) otherwise inform the public of the activities of such officer, as appropriate and in a manner consistent with the protection of classified information and applicable law.

(h) Savings Clause—Nothing in this section shall be construed to limit or otherwise supplant any other authorities or responsibilities provided by law to privacy officers or civil liberties officers.

 

Subtitle G—Conforming and Other Amendments

SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.

(a) NATIONAL SECURITY ACT OF 1947—(1) The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of National Intelligence':

(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).

(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).

(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).

(D) Section 101(j) (50 U.S.C. 402(j)).

(E) Section 105(a) (50 U.S.C. 403-5(a)).

(F) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).

(G) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).

(H) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place it appears.

(I) Section 110(b) (50 U.S.C. 404e(b)).

(J) Section 110(c) (50 U.S.C. 404e(c)).

(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).

(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).

(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).

(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).

(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).

(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).

(Q) Section 115(b) (50 U.S.C. 404j(b)).

(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).

(S) Section 116(a) (50 U.S.C. 404k(a)).

(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).

(U) Section 303(a) (50 U.S.C. 405(a)), both places it appears.

(V) Section 501(d) (50 U.S.C. 413(d)).

(W) Section 502(a) (50 U.S.C. 413a(a)).

(X) Section 502(c) (50 U.S.C. 413a(c)).

(Y) Section 503(b) (50 U.S.C. 413b(b)).

(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).

(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).

(BB) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).

(CC) Section 603(a) (50 U.S.C. 423(a)).

(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).

(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).

(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it appears.

(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).

(HH) Section 703(a)(6)(B)(viii) (50 U.S.C. 432a(a)(6)(B)(viii)).

(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it appears.

(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).

(KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).

(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places it appears.

(MM) Section 1001(a) (50 U.S.C. 441g(a)).

(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).

(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).

(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).

(QQ) Section 1102(d) (50 U.S.C. 442a(d)).

(2) That Act is further amended by striking `of Central Intelligence' each place it appears in the following provisions:

(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).

(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).

(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place it appears.

(3) That Act is further amended by striking `Director' each place it appears in the following provisions and inserting `Director of National Intelligence':

(A) Section 114(c) (50 U.S.C. 404i(c)).

(B) Section 116(b) (50 U.S.C. 404k(b)).

(C) Section 1001(b) (50 U.S.C. 441g(b)).

(D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it appears.

(E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).

(F) Section 1001(e) (50 U.S.C. 441g(e)), the first place it appears.

(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence, the Director of the Central Intelligence Agency'

(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended by striking `Director of Central Intelligence' and inserting `Director of the Central Intelligence Agency'.

(6) Section 701 of that Act (50 U.S.C. 431) is amended—

(A) in subsection (a), by striking `Operational files of the Central Intelligence Agency may be exempted by the Director of Central Intelligence' and inserting `The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency'; and

(B) in subsection (g)(1), by striking `Director of Central Intelligence' and inserting `Director of the Central Intelligence Agency and the Director of National Intelligence'.

(7) The heading for section 114 of that Act (50 U.S.C. 404i) is amended to read as follows:

`ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL INTELLIGENCE'.

(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949—(1) The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of National Intelligence':

(A) Section 6 (50 U.S.C. 403g).

(B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.

(2) That Act is further amended by striking `of Central Intelligence' in each of the following provisions:

(A) Section 2 (50 U.S.C. 403b).

(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).

(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).

(D) Section 20(c) (50 U.S.C. 403t(c)).

(3) That Act is further amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of the Central Intelligence Agency':

(A) Section 14(b) (50 U.S.C. 403n(b)).

(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).

(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it appears.

(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).

(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).

(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT—Section 101 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended by striking paragraph (2) and inserting the following new paragraph (2):

`(2) DIRECTOR—The term `Director' means the Director of the Central Intelligence Agency.'.

(d) CIA VOLUNTARY SEPARATION PAY ACT—Subsection (a)(1) of section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 2001 note) is amended to read as follows:

`(1) the term `Director' means the Director of the Central Intelligence Agency;'.

(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978—The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by striking `Director of Central Intelligence' each place it appears and inserting `Director of National Intelligence'.

(f) CLASSIFIED INFORMATION PROCEDURES ACT—Section 9(a) of the Classified Information Procedures Act (5 U.S.C. App.) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'.

(g) INTELLIGENCE AUTHORIZATION ACTS—

(1) PUBLIC LAW 103-359—Section 811(c)(6)(C) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103-359) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'.

(2) PUBLIC LAW 107-306- (A) The Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306) is amended by striking `Director of Central Intelligence, acting as the head of the intelligence community,' each place it appears in the following provisions and inserting `Director of National Intelligence':

(i) Section 313(a) (50 U.S.C. 404n(a)).

(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))

(B) That Act is further amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of National Intelligence':

(i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).

(ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).

(iii) Section 904(h) (50 U.S.C. 402c(h)), each place it appears.

(iv) Section 904(m) (50 U.S.C. 402c(m)).

(C) Section 341 of that Act (50 U.S.C. 404n-1) is amended by striking `Director of Central Intelligence, acting as the head of the intelligence community, shall establish in the Central Intelligence Agency' and inserting `Director of National Intelligence shall establish within the Central Intelligence Agency'.

(D) Section 352(b) of that Act (50 U.S.C. 404-3 note) is amended by striking `Director' and inserting `Director of National Intelligence'.

(3) PUBLIC LAW 108-177- (A) The Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108-177) is amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of National Intelligence':

(i) Section 317(a) (50 U.S.C. 403-3 note).

(ii) Section 317(h)(1).

(iii) Section 318(a) (50 U.S.C. 441g note).

(iv) Section 319(b) (50 U.S.C. 403 note).

(v) Section 341(b) (28 U.S.C. 519 note).

(vi) Section 357(a) (50 U.S.C. 403 note).

(vii) Section 504(a) (117 Stat. 2634), both places it appears.

(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is amended by striking `Director' the first place it appears and inserting `Director of National Intelligence'.

(C) Section 404 of that Act (18 U.S.C. 4124 note) is amended by striking `Director of Central Intelligence' and inserting `Director of the Central Intelligence Agency'.

OTHER CONFORMING AMENDMENTS

SEC. 1072.

(a) NATIONAL SECURITY ACT OF 1947- (1) Section 101(j) of the National Security Act of 1947 (50 U.S.C. 402(j)) is amended by striking `Deputy Director of Central Intelligence' and inserting `Principal Deputy Director of National Intelligence'.

(2) Section 105(a) of that Act (50 U.S.C. 403-5(a)) is amended by striking `The Secretary' in the matter preceding paragraph (1) and inserting `Consistent with sections 102 and 102A, the Secretary'.

(3) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is amended by striking `103 and 104' in the matter preceding paragraph (1) and inserting `102 and 102A'.

(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended by striking `section 103(c)(6) of this Act' and inserting `section 102A(i) of this Act'.

(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by striking `to the Deputy Director of Central Intelligence, or with respect to employees of the Central Intelligence Agency, the Director may delegate such authority to the Deputy Director for Operations' and inserting `to the Principal Deputy Director of National Intelligence, or with respect to employees of the Central Intelligence Agency, to the Director of the Central Intelligence Agency'.

(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is amended by striking `Office of the Deputy Director of Central Intelligence' and inserting `Office of the Director of National Intelligence'.

(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking `Office of the Director of Central Intelligence' and inserting `Office of the Director of National Intelligence'.

(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by striking `Assistant Director of Central Intelligence for Administration' and inserting `Office of the Director of National Intelligence'.

(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949—Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by striking `section 103(c)(7) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(7))' and inserting `section 102A(i) of the National Security Act of 1947'.

(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT—Section 201(c) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is amended by striking `paragraph (6) of section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of Central Intelligence' and inserting `section 102A(i) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(1)) that the Director of National Intelligence'.

(d) INTELLIGENCE AUTHORIZATION ACTS—

(1) PUBLIC LAW 107-306—(A) Section 343(c) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 404n-2(c)) is amended by striking `section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3((c)(6))' and inserting `section 102A(i) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(1))'.

(B)(i) Section 902 of that Act (also known as the Counterintelligence Enhancements Act of 2002) (50 U.S.C. 402b) is amended by striking `President' each place it appears and inserting `Director of National Intelligence'.

(ii) Section 902(a)(2) of that Act is amended by striking `Director of Central Intelligence' and inserting `Director of the Central Intelligence Agency'.

(C) Section 904 of that Act (50 U.S.C. 402c) is amended—

(i) in subsection (c), by striking `Office of the Director of Central Intelligence' and inserting `Office of the Director of National Intelligence'; and

(ii) in subsection (l), by striking `Office of the Director of Central Intelligence' and inserting `Office of the Director of National Intelligence'.

(2) PUBLIC LAW 108-177—(A) Section 317 of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 403-3 note) is amended—

(i) in subsection (g), by striking `Assistant Director of Central Intelligence for Analysis and Production' and inserting `Deputy Director of National Intelligence'; and

(ii) in subsection (h)(2)(C), by striking `Assistant Director' and inserting `Deputy Director of National Intelligence'.

(B) Section 318(e) of that Act (50 U.S.C. 441g note) is amended by striking `Assistant Director of Central Intelligence for Analysis and Production' and inserting `Deputy Director of National Intelligence'.

ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY ACT OF 1947.

SEC. 1073.

Paragraph (4) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:

`(4) The term `intelligence community' includes the following:

`(A) The Office of the Director of National Intelligence.

`(B) The Central Intelligence Agency.

`(C) The National Security Agency.

`(D) The Defense Intelligence Agency.

`(E) The National Geospatial-Intelligence Agency.

`(F) The National Reconnaissance Office.

`(G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.

`(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, and the Department of Energy.

`(I) The Bureau of Intelligence and Research of the Department of State.

`(J) The Office of Intelligence and Analysis of the Department of the Treasury.

`(K) The elements of the Department of Homeland Security concerned with the analysis of intelligence information, including the Office of Intelligence of the Coast Guard.

`(L) Such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.'.

REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.

SEC. 1074.

(a) REDESIGNATION—Paragraph (6) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended by striking `Foreign'.

(b) CONFORMING AMENDMENTS—(1)(A) Section 506 of the National Security Act of 1947 (50 U.S.C. 415a) is amended—

(i) in subsection (a), by striking `National Foreign Intelligence Program' and inserting `National Intelligence Program'; and

(ii) in the section heading, by striking `FOREIGN'.

(B) Section 105 of that Act (50 U.S.C. 403-5) is amended—

(i) in paragraphs (2) and (3) of subsection (a), by striking `National Foreign Intelligence Program' and inserting `National Intelligence Program'; and

(ii) in the section heading, by striking `FOREIGN'.

(2) Section 17(f) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(f)) is amended by striking `National Foreign Intelligence Program' and inserting `National Intelligence Program'.

REPEAL OF SUPERSEDED AUTHORITY.

SEC. 1075.

Section 111 of the National Security Act of 1947 (50 U.S.C. 404f) is repealed.

CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.

SEC. 1076.

The table of contents in the first section of the National Security Act of 1947 is amended—

(1) by striking the items relating to sections 102 through 105 and inserting the following new items:

`Sec. 101A. Joint Intelligence Community Council.

`Sec. 102. Director of National Intelligence.

`Sec. 102A. Responsibilities and authorities of the Director of National Intelligence.

`Sec. 103. Office of the Director of National Intelligence.

`Sec. 103A. Deputy Directors of National Intelligence.

`Sec. 103B. National Intelligence Council.

`Sec. 103C. General Counsel.

`Sec. 103D. Civil Liberties Protection Officer.

`Sec. 103E. Director of Science and Technology.

`Sec. 103F. National Counterintelligence Executive.

`Sec. 104. Central Intelligence Agency.

`Sec. 104A. Director of the Central Intelligence Agency.

`Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence Program.';

(2) by striking the item relating to section 111;

(3) by striking the item relating to section 114 and inserting the following new item:

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

(4) by inserting after the item relating to section 118 the following new items:

`Sec. 119. National Counterterrorism Center.

`Sec. 119A. National Counter Proliferation Center.

`Sec. 119B. National intelligence centers.

(5) by striking the item relating to section 506 and inserting the following new item:

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

and

(6) by inserting after the item relating to section 1001 the following new items:

`Sec. 1002. Framework for cross-disciplinary education and training.

`Sec. 1003. Intelligence Community Scholarship Program.'.

CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.

SEC. 1077.

Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended—

(1) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively; and

(2) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):

`(2) `Director' means the Director of the Central Intelligence Agency; and'.

AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

SEC. 1078.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section:

`AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 8K. If the Director of National Intelligence determines that an Office of Inspector General would be beneficial to improving the operations and effectiveness of the Office of the Director of National Intelligence, the Director of National Intelligence is authorized to establish, with any of the duties, responsibilities, and authorities set forth in this Act, an Office of Inspector General.'.

ETHICS MATTERS.

SEC. 1079.

(a) POLITICAL SERVICE OF PERSONNEL—Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended—

(1) in subclause (XII), by striking `or' at the end; and

(2) by inserting after subclause (XIII) the following new subclause:

`(XIV) the Office of the Director of National Intelligence; or'.

(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS—Section 7342(f)(4) of title 5, United States Code, is amended—

(1) by inserting `(A)' after `(4)';

(2) in subparagraph (A), as so designated, by striking `the Director of Central Intelligence' and inserting `the Director of the Central Intelligence Agency'; and

(3) by adding at the end the following new subparagraph:

`(B) In transmitting such listings for the Office of the Director of National Intelligence, the Director of National Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources.'.

(c) EXEMPTION FROM FINANCIAL DISCLOSURES—Section 105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting `the Office of the Director of National Intelligence,' before `the Central Intelligence Agency'.

CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE TO ACQUIRE AND MANAGE PROPERTY AND SERVICES.

SEC. 1080.

Section 113(e) of title 40, United States Code, is amended—

(1) in paragraph (18), by striking `or' at the end;

(2) in paragraph (19), by striking the period at the end and inserting `; or'; and

(3) by adding at the end the following new paragraph:

`(20) the Office of the Director of National Intelligence.'.

GENERAL REFERENCES.

SEC. 1081.

(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTELLIGENCE COMMUNITY—Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of National Intelligence.

(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA—Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency.

(c) COMMUNITY MANAGEMENT STAFF—Any reference to the Community Management Staff in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the staff of the Office of the Director of National Intelligence.

Subtitle H—Transfer, Termination, Transition, and Other Provisions

TRANSFER OF COMMUNITY MANAGEMENT STAFF.

SEC. 1091.

(a) TRANSFER—There shall be transferred to the Office of the Director of National Intelligence such staff of the Community Management Staff as of the date of the enactment of this Act as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the Community Management Staff as of that date.

(b) ADMINISTRATION—The Director of National Intelligence shall administer the Community Management Staff after the date of the enactment of this Act as a component of the Office of the Director of National Intelligence under section 103 of the National Security Act of 1947, as amended by section 1011(a) of this Act.

TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

SEC. 1092.

(a) TRANSFER—There shall be transferred to the National Counterterrorism Center the Terrorist Threat Integration Center (TTIC) or its successor entity, including all functions and activities discharged by the Terrorist Threat Integration Center or its successor entity as of the date of the enactment of this Act.

(b) ADMINISTRATION—The Director of the National Counterterrorism Center shall administer the Terrorist Threat Integration Center after the date of the enactment of this Act as a component of the Directorate of Intelligence of the National Counterterrorism Center under section 119(i) of the National Security Act of 1947, as added by section 1021(a) of this Act.

TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.

SEC. 1093.

(a) TERMINATION—The positions referred to in subsection (b) are hereby abolished.

(b) COVERED POSITIONS—The positions referred to in this subsection are as follows:

(1) The Assistant Director of Central Intelligence for Collection.

(2) The Assistant Director of Central Intelligence for Analysis and Production.

(3) The Assistant Director of Central Intelligence for Administration.

IMPLEMENTATION PLAN.

SEC. 1094.

The President shall transmit to Congress a plan for the implementation of this title and the amendments made by this title. The plan shall address, at a minimum, the following:

(1) The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant to this title.

(2) Any consolidation, reorganization, or streamlining of activities transferred to the Director of National Intelligence pursuant to this title.

(3) The establishment of offices within the Office of the Director of National Intelligence to implement the duties and responsibilities of the Director of National Intelligence as described in this title.

(4) Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations to be transferred to the Director of National Intelligence.

(5) Recommendations for additional legislative or administrative action as the President considers appropriate.

DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.

SEC. 1095.

(a) REPORT—Not later than one year after the effective date of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the progress made in the implementation of this title, including the amendments made by this title. The report shall include a comprehensive description of the progress made, and may include such recommendations for additional legislative or administrative action as the Director considers appropriate.

(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED—In this section, the term `congressional intelligence committees' means—

(1) the Select Committee on Intelligence of the Senate; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives.

TRANSITIONAL AUTHORITIES.

SEC. 1096.

(a) IN GENERAL—Upon the request of the Director of National Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director of National Intelligence.

(b) TRANSFER OF PERSONNEL—In addition to any other authorities available under law for such purposes, in the fiscal years 2005 and 2006, the Director of National Intelligence—

(1) is authorized within the Office of the Director of National Intelligence the total of 500 new positions; and

(2) with the approval of the Director of the Office of Management and Budget, may detail not more than 150 personnel funded within the National Intelligence Program to the Office of the Director of National Intelligence for a period of not more than 2 years.

EFFECTIVE DATES.

SEC. 1097.

(a) IN GENERAL—Except as otherwise expressly provided in this Act, this title and the amendments made by this title shall take effect not later than six months after the date of the enactment of this Act.

(b) SPECIFIC EFFECTIVE DATES—(1)(A) Not later than 60 days after the date of the appointment of the first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to positions within the Office of the Director of National Intelligence.

(B) Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence.

(2) Not later than 180 days after the effective date of this Act, the President shall transmit to Congress the implementation plan required by section 1094.

(3) Not later than one year after the date of the enactment of this Act, the Director of National Intelligence shall prescribe regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act of 1947, as amended by section 1011(a) of this Act.

Subtitle I—Other Matters

STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS.

SEC. 1101.

(a) STUDY—The Secretary of Defense shall conduct a study of the promotion selection rates, and the selection rates for attendance at professional military education schools, of intelligence officers of the Armed Forces, particularly in comparison to the rates for other officers of the same Armed Force who are in the same grade and competitive category.

(b) REPORT—The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report providing the Secretary's findings resulting from the study under subsection (a) and the Secretary's recommendations (if any) for such changes in law as the Secretary considers needed to ensure that intelligence officers, as a group, are selected for promotion, and for attendance at professional military education schools, at rates not less than the rates for all line (or the equivalent) officers of the same Armed Force (both in the zone and below the zone) in the same grade. The report shall be submitted not later than April 1, 2005.

EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST DECLASSIFICATION BOARD.

SEC. 1102.

(a) DIRECTION—Section 703(a) of the Public Interest Declassification Act of 2000 (title VII of Public Law 106-567; 114 Stat. 2856; 50 U.S.C. 435 note) is amended—

(1) by inserting `(1)' after `ESTABLISHMENT- '; and

(2) by adding at the end the following new paragraph:

`(2) The Board shall report directly to the President or, upon designation by the President, the Vice President, the Attorney General, or other designee of the President. The other designee of the President under this paragraph may not be an agency head or official authorized to classify information under Executive Order 12958, or any successor order.'.

(b) PURPOSES—Section 703(b) of that Act (114 Stat. 2856) is amended by adding at the end the following new paragraph:

`(5) To review and make recommendations to the President in a timely manner with respect to any congressional request, made by the committee of jurisdiction, to declassify certain records or to reconsider a declination to declassify specific records.'.

(c) RECOMMENDATIONS ON SPECIAL SEARCHES—Section 704(c)(2)(A) of that Act (114 Stat. 2860) is amended by inserting before the period the following: `, and also including specific requests for the declassification of certain records or for the reconsideration of declinations to declassify specific records'.

(d) DECLASSIFICATION REVIEWS—Section 704 of that Act (114 Stat. 2859) is further amended by adding at the end the following new subsection:

`(e) DECLASSIFICATION REVIEWS—If requested by the President, the Board shall review in a timely manner certain records or declinations to declassify specific records, the declassification of which has been the subject of specific congressional request described in section 703(b)(5).'.

(e) NOTIFICATION OF REVIEW—Section 706 of that Act (114 Stat. 2861) is amended by adding at the end the following new subsection:

`(f) NOTIFICATION OF REVIEW—In response to a specific congressional request for declassification review described in section 703(b)(5), the Board shall advise the originators of the request in a timely manner whether the Board intends to conduct such review.'.

(f) EXTENSION—Section 710(b) of that Act (114 Stat. 2864) is amended by striking `4 years' and inserting `8 years'.

SEVERABILITY.

SEC. 1103.

If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other those to which such provision is held invalid shall not be affected thereby.

 

TITLE III—SECURITY CLEARANCES

SECURITY CLEARANCES.

SEC. 3001.

(a) DEFINITIONS—In this section:

(1) The term `agency' means—

(A) an executive agency (as that term is defined in section 105 of title 5, United States Code);

(B) a military department (as that term is defined in section 102 of title 5, United States Code); and

(C) an element of the intelligence community.

(2) The term `authorized investigative agency' means an agency designated by the head of the agency selected pursuant to subsection (b) to conduct a counterintelligence investigation or investigation of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.

(3) The term `authorized adjudicative agency' means an agency authorized by law, regulation, or direction of the Director of National Intelligence to determine eligibility for access to classified information in accordance with Executive Order 12968.

(4) The term `highly sensitive program' means—

(A) a government program designated as a Special Access Program (as that term is defined in section 4.1(h) of Executive Order 12958 or any successor Executive order); or

(B) a government program that applies restrictions required for—

(i) restricted data (as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); or

(ii) other information commonly referred to as `sensitive compartmented information'.

(5) The term `current investigation file' means, with respect to a security clearance, a file on an investigation or adjudication that has been conducted during—

(A) the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret Clearance, or the date access was granted to a highly sensitive program;

(B) the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and

(C) the 15-year period beginning on the date the security clearance was granted in the case of a Confidential Clearance.

(6) The term `personnel security investigation' means any investigation required for the purpose of determining the eligibility of any military, civilian, or government contractor personnel to access classified information.

(7) The term `periodic reinvestigations' means investigations conducted for the purpose of updating a previously completed background investigation—

(A) every 5 years in the case of a top secret clearance or access to a highly sensitive program;

(B) every 10 years in the case of a secret clearance; or

(C) every 15 years in the case of a Confidential Clearance.

(8) The term `appropriate committees of Congress' means—

(A) the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Security, Government Reform, and the Judiciary of the House of Representatives; and

(B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.

(b) SELECTION OF ENTITY—Not later than 90 days after the date of the enactment of this Act, the President shall select a single department, agency, or element of the executive branch to be responsible for—

(1) directing day-to-day oversight of investigations and adjudications for personnel security clearances, including for highly sensitive programs, throughout the United States Government;

(2) developing and implementing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of security clearances and determinations for access to highly sensitive programs, including the standardization of security questionnaires, financial disclosure requirements for security clearance applicants, and polygraph policies and procedures;

(3) serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;

(4) ensuring reciprocal recognition of access to classified information among the agencies of the United States Government, including acting as the final authority to arbitrate and resolve disputes involving the reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d);

(5) ensuring, to the maximum extent practicable, that sufficient resources are available in each agency to achieve clearance and investigative program goals; and

(6) reviewing and coordinating the development of tools and techniques for enhancing the conduct of investigations and granting of clearances.

(c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS—(1) Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the President shall, in consultation with the head of the entity selected pursuant to subsection (b), select a single agency of the executive branch to conduct, to the maximum extent practicable, security clearance investigations of employees and contractor personnel of the United States Government who require access to classified information and to provide and maintain all security clearances of such employees and contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it appropriate for national security and efficiency purposes.

(2) The agency selected under paragraph (1) shall—

(A) take all necessary actions to carry out the requirements of this section, including entering into a memorandum of understanding with any agency carrying out responsibilities relating to security clearances or security clearance investigations before the date of the enactment of this Act;

(B) as soon as practicable, integrate reporting of security clearance applications, security clearance investigations, and determinations of eligibility for security clearances, with the database required by subsection (e); and

(C) ensure that security clearance investigations are conducted in accordance with uniform standards and requirements established under subsection (b), including uniform security questionnaires and financial disclosure requirements.

(d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETERMINATIONS—(1) All security clearance background investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency shall be accepted by all agencies.

(2) All security clearance background investigations initiated by an authorized investigative agency shall be transferable to any other authorized investigative agency.

(3)(A) An authorized investigative agency or authorized adjudicative agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a polygraph examination) that exceed requirements specified in Executive Orders establishing security requirements for access to classified information without the approval of the head of the entity selected pursuant to subsection (b).

(B) Notwithstanding subparagraph (A), the head of the entity selected pursuant to subsection (b) may establish such additional requirements as the head of such entity considers necessary for national security purposes.

(4) An authorized investigative agency or authorized adjudicative agency may not conduct an investigation for purposes of determining whether to grant a security clearance to an individual where a current investigation or clearance of equal level already exists or has been granted by another authorized adjudicative agency.

(5) The head of the entity selected pursuant to subsection (b) may disallow the reciprocal recognition of an individual security clearance by an agency under this section on a case-by-case basis if the head of the entity selected pursuant to subsection (b) determines that such action is necessary for national security purposes.

(6) The head of the entity selected pursuant to subsection (b) shall establish a review procedure by which agencies can seek review of actions required under this section.

(e) DATABASE ON SECURITY CLEARANCES—(1) Not later than 12 months after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, in cooperation with the heads of the entities selected pursuant to subsections (b) and (c), establish and commence operating and maintaining an integrated, secure, database into which appropriate data relevant to the granting, denial, or revocation of a security clearance or access pertaining to military, civilian, or government contractor personnel shall be entered from all authorized investigative and adjudicative agencies.

(2) The database under this subsection shall function to integrate information from existing Federal clearance tracking systems from other authorized investigative and adjudicative agencies into a single consolidated database.

(3) Each authorized investigative or adjudicative agency shall check the database under this subsection to determine whether an individual the agency has identified as requiring a security clearance has already been granted or denied a security clearance, or has had a security clearance revoked, by any other authorized investigative or adjudicative agency.

(4) The head of the entity selected pursuant to subsection (b) shall evaluate the extent to which an agency is submitting information to, and requesting information from, the database under this subsection as part of a determination of whether to certify the agency as an authorized investigative agency or authorized adjudicative agency.

(5) The head of the entity selected pursuant to subsection (b) may authorize an agency to withhold information about certain individuals from the database under this subsection if the head of the entity considers it necessary for national security purposes.

(f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEARANCE INVESTIGATIONS AND ADJUDICATIONS—(1) The head of the entity selected pursuant to subsection (b) shall evaluate the use of available information technology and databases to expedite investigative and adjudicative processes for all and to verify standard information submitted as part of an application for a security clearance.

(2) The evaluation shall assess the application of the technologies described in paragraph (1) for—

(A) granting interim clearances to applicants at the secret, top secret, and special access program levels before the completion of the appropriate full investigation;

(B) expediting investigations and adjudications of security clearances, including verification of information submitted by the applicant;

(C) ongoing verification of suitability of personnel with security clearances in effect for continued access to classified information;

(D) use of such technologies to augment periodic reinvestigations;

(E) assessing the impact of the use of such technologies on the rights of applicants to verify, correct, or challenge information obtained through such technologies; and

(F) such other purposes as the head of the entity selected pursuant to subsection (b) considers appropriate.

(3) An individual subject to verification utilizing the technology described in paragraph (1) shall be notified of such verification, shall provide consent to such use, and shall have access to data being verified in order to correct errors or challenge information the individual believes is incorrect.

(4) Not later than one year after the date of the enactment of this Act, the head of the entity selected pursuant to subsection (b) shall submit to the President and the appropriate committees of Congress a report on the results of the evaluation, including recommendations on the use of technologies described in paragraph (1).

(g) REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE PROCESS—(1) The head of the entity selected pursuant to subsection (b) shall, within 90 days of selection under that subsection, develop, in consultation with the appropriate committees of Congress and each authorized adjudicative agency, a plan to reduce the length of the personnel security clearance process.

(2)(A) To the extent practical the plan under paragraph (1) shall require that each authorized adjudicative agency make a determination on at least 90 percent of all applications for a personnel security clearance within an average of 60 days after the date of receipt of the completed application for a security clearance by an authorized investigative agency. Such 60-day average period shall include—

(i) a period of not longer than 40 days to complete the investigative phase of the clearance review; and

(ii) a period of not longer than 20 days to complete the adjudicative phase of the clearance review.

(B) Determinations on clearances not made within 60 days shall be made without delay.

(3)(A) The plan under paragraph (1) shall take effect 5 years after the date of the enactment of this Act.

(B) During the period beginning on a date not later than 2 years after the date after the enactment of this Act and ending on the date on which the plan under paragraph (1) takes effect, each authorized adjudicative agency shall make a determination on at least 80 percent of all applications for a personnel security clearance pursuant to this section within an average of 120 days after the date of receipt of the application for a security clearance by an authorized investigative agency. Such 120-day average period shall include—

(i) a period of not longer than 90 days to complete the investigative phase of the clearance review; and

(ii) a period of not longer than 30 days to complete the adjudicative phase of the clearance review.

(h) REPORTS—(1) Not later than February 15, 2006, and annually thereafter through 2011, the head of the entity selected pursuant to subsection (b) shall submit to the appropriate committees of Congress a report on the progress made during the preceding year toward meeting the requirements of this section.

(2) Each report shall include, for the period covered by such report—

(A) the periods of time required by the authorized investigative agencies and authorized adjudicative agencies for conducting investigations, adjudicating cases, and granting clearances, from date of submission to ultimate disposition and notification to the subject and the subject's employer;

(B) a discussion of any impediments to the smooth and timely functioning of the requirements of this section; and

(C) such other information or recommendations as the head of the entity selected pursuant to subsection (b) considers appropriate.

(i) AUTHORIZATION OF APPROPRIATIONS—There is authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each fiscal year thereafter for the implementation, maintenance, and operation of the database required by subsection (e).

 > Back to the Table of Contents <

Executive Order 13587

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Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information

(Federal Register Vol. 76, No. 198 (October 13, 2011))

By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to ensure the responsible sharing and safeguarding of classified national security information (classified information) on computer networks, it is hereby ordered as follows:
 

Section 1. Policy.

Our Nation’s security requires classified information to be shared immediately with authorized users around the world but also requires sophisticated and vigilant means to ensure it is shared securely.  Computer networks have individual and common vulnerabilities that require coordinated decisions on risk management.

This order directs structural reforms to ensure responsible sharing and safeguarding of classified information on computer networks that shall be consistent with appropriate protections for privacy and civil liberties. Agencies bear the primary responsibility for meeting these twin goals. These structural reforms will ensure coordinated interagency development and reliable implementation of policies and minimum standards regarding information security, personnel security, and systems security; address both internal and external security threats and vulnerabilities; and provide policies and minimum standards for sharing classified information both within and outside the Federal Government. These policies and minimum standards will address all agencies that operate or access classified computer networks, all users of classified computer networks (including contractors and others who operate or access classified computer networks controlled by the Federal Government), and all classified information on those networks.
 

Sec. 2. General Responsibilities of Agencies.
 

Sec. 2.1.

The heads of agencies that operate or access classified computer networks shall have responsibility for appropriately sharing and safeguarding classified information on computer networks. As part of this responsibility, they shall:

(a) designate a senior official to be charged with overseeing classified information sharing and safeguarding efforts for the agency;

(b) implement an insider threat detection and prevention program consistent with guidance and standards developed by the Insider Threat Task Force established in section 6 of this order;

(c) perform self-assessments of compliance with policies and standards issued pursuant to sections 3.3, 5.2, and 6.3 of this order, as well as other applicable policies and standards, the results of which shall be reported annually to the Senior Information Sharing and Safeguarding Steering Committee established in section 3 of this order;

(d) provide information and access, as warranted and consistent with law and section 7(d) of this order, to enable independent assessments by the Executive Agent for Safeguarding Classified Information on Computer Networks and the Insider Threat Task Force of compliance with relevant established policies and standards; and

(e) detail or assign staff as appropriate and necessary to the Classified Information Sharing and Safeguarding Office and the Insider Threat Task Force on an ongoing basis.

 
Sec. 3. Senior Information Sharing and Safeguarding Steering Committee.

Sec. 3.1.

There is established a Senior Information Sharing and Safeguarding Steering Committee (Steering Committee) to exercise overall responsibility and ensure senior-level accountability for the coordinated interagency development and implementation of policies and standards regarding the sharing and safeguarding of classified information on computer networks.

 
Sec. 3.2.

The Steering Committee shall be co-chaired by senior representatives of the Office of Management and Budget and the National Security Staff. Members of the committee shall be officers of the United States as designated by the heads of the Departments of State, Defense, Justice, Energy, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, and the Information Security Oversight Office within the National Archives and Records Administration (ISOO), as well as such additional agencies as the co-chairs of the Steering Committee may designate.

Sec. 3.3.

The responsibilities of the Steering Committee shall include:

(a) establishing Government-wide classified information sharing and safeguarding goals and annually reviewing executive branch successes and shortcomings in achieving those goals;

(b) preparing within 90 days of the date of this order and at least annually thereafter, a report for the President assessing the executive branch’s successes and shortcomings in sharing and safeguarding classified information on computer networks and discussing potential future vulnerabilities;

(c) developing program and budget recommendations to achieve Government-wide classified information sharing and safeguarding goals;

(d) coordinating the interagency development and implementation of priorities, policies, and standards for sharing and safeguarding classified information on computer networks;

(e) recommending overarching policies, when appropriate, for promulgation by the Office of Management and Budget or the ISOO;

(f) coordinating efforts by agencies, the Executive Agent, and the Task Force to assess compliance with established policies and standards and recommending corrective actions needed to ensure compliance;

(g) providing overall mission guidance for the Program Manager-Information Sharing Environment (PM–ISE) with respect to the functions to be performed by the Classified Information Sharing and Safeguarding Office established in section 4 of this order; and

(h) referring policy and compliance issues that cannot be resolved by the Steering Committee to the Deputies Committee of the National Security Council in accordance with Presidential Policy Directive/PPD–1 of February 13, 2009 (Organization of the National Security Council System).
 

Sec. 4. Classified Information Sharing and Safeguarding Office.


Sec. 4.1.

There shall be established a Classified Information Sharing and Safeguarding Office (CISSO) within and subordinate to the office of the PM–ISE to provide expert, full-time, sustained focus on responsible sharing and safeguarding of classified information on computer networks. Staff of the CISSO shall include detailees, as needed and appropriate, from agencies represented on the Steering Committee.

 

Sec. 4.2.

The responsibilities of CISSO shall include:

(a) providing staff support for the Steering Committee;

(b) advising the Executive Agent for Safeguarding Classified Information on Computer Networks and the Insider Threat Task Force on the development of an effective program to monitor compliance with established policies and standards needed to achieve classified information sharing and safeguarding goals; and

(c) consulting with the Departments of State, Defense, and Homeland Security, the ISOO, the Office of the Director of National Intelligence, and others, as appropriate, to ensure consistency with policies and standards under Executive Order 13526 of December 29, 2009, Executive Order 12829 of January 6, 1993, as amended, Executive Order 13549 of August 18, 2010, and Executive Order 13556 of November 4, 2010.

Sec. 5. Executive Agent for Safeguarding Classified Information on Computer Networks.
 

Sec. 5.1.

The Secretary of Defense and the Director, National Security Agency, shall jointly act as the Executive Agent for Safeguarding Classified Information on Computer Networks (the ‘‘Executive Agent’’), exercising the existing authorities of the Executive Agent and National Manager for national security systems, respectively, under National Security Directive/NSD–42 of July 5, 1990, as supplemented by and subject to this order.

 
Sec. 5.2.

The Executive Agent’s responsibilities, in addition to those specified by NSD–42, shall include the following:

(a) developing effective technical safeguarding policies and standards in coordination with the Committee on National Security Systems (CNSS), as re-designated by Executive Orders 13286 of February 28, 2003, and 13231 of October 16, 2001, that address the safeguarding of classified information within national security systems, as well as the safeguarding of national security systems themselves;

(b) referring to the Steering Committee for resolution any unresolved issues delaying the Executive Agent’s timely development and issuance of technical policies and standards;

(c) reporting at least annually to the Steering Committee on the work of CNSS, including recommendations for any changes needed to improve the timeliness and effectiveness of that work; and

(d) conducting independent assessments of agency compliance with established safeguarding policies and standards, and reporting the results of such assessments to the Steering Committee.

 
Sec. 6. Insider Threat Task Force.


Sec. 6.1.

There is established an interagency Insider Threat Task Force that shall develop a Government-wide program (insider threat program) for deterring, detecting, and mitigating insider threats, including the safeguarding of classified information from exploitation, compromise, or other unauthorized disclosure, taking into account risk levels, as well as the distinct needs, missions, and systems of individual agencies. This program shall include development of policies, objectives, and priorities for establishing and integrating security, counterintelligence, user audits and monitoring, and other safeguarding capabilities and practices within agencies.
 

Sec. 6.2.

The Task Force shall be co-chaired by the Attorney General and the Director of National Intelligence, or their designees. Membership on the Task Force shall be composed of officers of the United States from, and designated by the heads of, the Departments of State, Defense, Justice, Energy, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, and the ISOO, as well as such additional agencies as the co-chairs of the Task Force may designate. It shall be staffed by personnel from the Federal Bureau of Investigation and the Office of the National Counterintelligence Executive (ONCIX), and other agencies, as determined by the co-chairs for their respective agencies and to the extent permitted by law. Such personnel must be officers or fulltime or permanent part-time employees of the United States. To the extent permitted by law, ONCIX shall provide an appropriate work site and administrative support for the Task Force.

 
Sec. 6.3.

The Task Force’s responsibilities shall include the following:

(a) developing, in coordination with the Executive Agent, a Government-wide policy for the deterrence, detection, and mitigation of insider threats, which shall be submitted to the Steering Committee for appropriate review;

(b) in coordination with appropriate agencies, developing minimum standards and guidance for implementation of the insider threat program’s Government-wide policy and, within 1 year of the date of this order, issuing those minimum standards and guidance, which shall be binding on the executive branch;

(c) if sufficient appropriations or authorizations are obtained, continuing in coordination with appropriate agencies after 1 year from the date of this order to add to or modify those minimum standards and guidance, as appropriate;

(d) if sufficient appropriations or authorizations are not obtained, recommending for promulgation by the Office of Management and Budget or the ISOO any additional or modified minimum standards and guidance developed more than 1 year after the date of this order;

(e) referring to the Steering Committee for resolution any unresolved issues delaying the timely development and issuance of minimum standards;

(f) conducting, in accordance with procedures to be developed by the Task Force, independent assessments of the adequacy of agency programs to implement established policies and minimum standards, and reporting the results of such assessments to the Steering Committee;

(g) providing assistance to agencies, as requested, including through the dissemination of best practices; and

(h) providing analysis of new and continuing insider threat challenges facing the United States Government.


Sec. 7. General Provisions.

(a) For the purposes of this order, the word ‘‘agencies’’ shall have the meaning set forth in section 6.1(b) of Executive Order 13526 of December 29, 2009.

(b) Nothing in this order shall be construed to change the requirements of Executive Orders 12333 of December 4, 1981, 12829 of January 6, 1993, 12968 of August 2, 1995, 13388 of October 25, 2005, 13467 of June 30, 2008, 13526 of December 29, 2009, 13549 of August 18, 2010, and their successor orders and directives.

(c) Nothing in this order shall be construed to supersede or change the authorities of the Secretary of Energy or the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended; the Secretary of Defense under Executive Order 12829, as amended; the Secretary of Homeland Security under Executive Order 13549; the Secretary of State under title 22, United States Code, and the Omnibus Diplomatic Security and Antiterrorism

Act of 1986; the Director of ISOO under Executive Orders 13526 and 12829, as amended; the PM–ISE under Executive Order 13388 or the Intelligence Reform and Terrorism Prevention Act of 2004, as amended; the Director, Central Intelligence Agency under NSD–42 and Executive Order 13286, as amended; the National Counterintelligence Executive, under the Counterintelligence Enhancement Act of 2002; or the Director of National Intelligence under the National Security Act of 1947, as amended, the Intelligence Reform and Terrorism Prevention Act of 2004, as amended, NSD–42, and Executive Orders 12333, as amended, 12968, as amended, 13286, as amended, 13467, and 13526.

(d) Nothing in this order shall authorize the Steering Committee, CISSO, CNSS, or the Task Force to examine the facilities or systems of other agencies, without advance consultation with the head of such agency, nor to collect information for any purpose not provided herein.

(e) The entities created and the activities directed by this order shall not seek to deter, detect, or mitigate disclosures of information by Government employees or contractors that are lawful under and protected by the Intelligence Community Whistleblower Protection Act of 1998, Whistleblower Protection Act of 1989, Inspector General Act of 1978, or similar statutes, regulations, or policies.

(f) With respect to the Intelligence Community, the Director of National Intelligence, after consultation with the heads of affected agencies, may issue such policy directives and guidance as the Director of National Intelligence deems necessary to implement this order.

(g) Nothing in this order shall be construed to impair or otherwise affect:

(1) the authority granted by law to an agency, or the head thereof; or

(2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(h) This order shall be implemented consistent with applicable law and appropriate protections for privacy and civil liberties, and subject to the availability of appropriations.

(i) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

-/S/- Barack Obama

THE WHITE HOUSE,
October 7, 2011.

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Executive Order 13491

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Ensuring Lawful Interrogation

(Federal Register Vol. 74, No. 16 (January 27, 2009))

By the authority vested in me by the Constitution and the laws of the United States of America, in order to improve the effectiveness of human intelligence gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed, I hereby order as follows:

Section 1.  Revocation.  Executive Order 13440 of July 20, 2007, is revoked.  All executive directives, orders, and regulations inconsistent with this order, including but not limited to those issued to or by the Central Intelligence Agency (CIA) from September 11, 2001, to January 20, 2009, concerning detention or the interrogation of detained individuals, are revoked to the extent of their inconsistency with this order.  Heads of departments and agencies shall take all necessary steps to ensure that all directives, orders, and regulations of their respective departments or agencies are consistent with this order.  Upon request, the Attorney General shall provide guidance about which directives, orders, and regulations are inconsistent with this order.


Sec. 2.  Definitions.  As used in this order:

(a)  "Army Field Manual 2 22.3" means FM 2-22.3, Human Intelligence Collector Operations, issued by the Department of the Army on September 6, 2006.

(b)  "Army Field Manual 34-52" means FM 34-52, Intelligence Interrogation, issued by the Department of the Army on May 8, 1987.

(c)  "Common Article 3" means Article 3 of each of the Geneva Conventions.

(d)  "Convention Against Torture" means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984, 1465 U.N.T.S. 85, S. Treaty Doc. No. 100 20 (1988).

(e)  "Geneva Conventions" means:

(i)    the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

(ii)   the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

(iii)  the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

(iv)   the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

(f)  "Treated humanely," "violence to life and person," "murder of all kinds," "mutilation," "cruel treatment," "torture," "outrages upon personal dignity," and "humiliating and degrading treatment" refer to, and have the same meaning as, those same terms in Common Article 3.

(g)  The terms "detention facilities" and "detention facility" in section 4(a) of this order do not refer to facilities used only to hold people on a short-term, transitory basis.

Sec. 3.  Standards and Practices for Interrogation of Individuals in the Custody or Control of the United States in Armed Conflicts.

(a)  Common Article 3 Standards as a Minimum Baseline.  Consistent with the requirements of the Federal torture statute, 18 U.S.C. 2340 2340A, section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention Against Torture, Common Article 3, and other laws regulating the treatment and interrogation of individuals detained in any armed conflict, such persons shall in all circumstances be treated humanely and shall not be subjected to violence to life and person (including murder of all kinds, mutilation, cruel treatment, and torture), nor to outrages upon personal dignity (including humiliating and degrading treatment), whenever such individuals are in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States.

(b)  Interrogation Techniques and Interrogation-Related Treatment.  Effective immediately, an individual in the custody or under the effective control of an officer, employee, or other agent of the United States Government, or detained within a facility owned, operated, or controlled by a department or agency of the United States, in any armed conflict, shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2-22.3 (Manual).  Interrogation techniques, approaches, and treatments described in the Manual shall be implemented strictly in accord with the principles, processes, conditions, and limitations the Manual prescribes.  Where processes required by the Manual, such as a requirement of approval by specified Department of Defense officials, are inapposite to a department or an agency other than the Department of Defense, such a department or agency shall use processes that are substantially equivalent to the processes the Manual prescribes for the Department of Defense.  Nothing in this section shall preclude the Federal Bureau of Investigation, or other Federal law enforcement agencies, from continuing to use authorized, non-coercive techniques of interrogation that are designed to elicit voluntary statements and do not involve the use of force, threats, or promises.

(c)  Interpretations of Common Article 3 and the Army Field Manual.  From this day forward, unless the Attorney General with appropriate consultation provides further guidance, officers, employees, and other agents of the United States Government may, in conducting interrogations, act in reliance upon Army Field Manual 2-22.3, but may not, in conducting interrogations, rely upon any interpretation of the law governing interrogation —including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2-22.3, and its predecessor document, Army Field Manual 34-52 – issued by the Department of Justice between September 11, 2001, and January 20, 2009.


Sec. 4.  Prohibition of Certain Detention Facilities, and Red Cross Access to Detained Individuals.

(a)  CIA Detention.  The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.

(b)  International Committee of the Red Cross Access to Detained Individuals.  All departments and agencies of the Federal Government shall provide the International Committee of the Red Cross with notification of, and timely access to, any individual detained in any armed conflict in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States Government, consistent with Department of Defense regulations and policies.


Sec. 5.  Special Interagency Task Force on Interrogation and Transfer Policies.

(a)  Establishment of Special Interagency Task Force.  There shall be established a Special Task Force on Interrogation and Transfer Policies (Special Task Force) to review interrogation and transfer policies.

(b)  Membership.  The Special Task Force shall consist of the following members, or their designees:

(i)     the Attorney General, who shall serve as Chair;

(ii)    the Director of National Intelligence, who shall serve as Co-Vice-Chair;

(iii)   the Secretary of Defense, who shall serve as Co-Vice-Chair;

(iv)    the Secretary of State;

(v)     the Secretary of Homeland Security;

(vi)    the Director of the Central Intelligence Agency;

(vii)   the Chairman of the Joint Chiefs of Staff; and

(viii)  other officers or full-time or permanent part time employees of the United States, as determined by the Chair, with the concurrence of the head of the department or agency concerned.

(c)  Staff.  The Chair may designate officers and employees within the Department of Justice to serve as staff to support the Special Task Force.  At the request of the Chair, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the head of the department or agency that employ such individuals.  Such staff must be officers or full-time or permanent part-time employees of the United States.  The Chair shall designate an officer or employee of the Department of Justice to serve as the Executive Secretary of the Special Task Force.

(d)  Operation.  The Chair shall convene meetings of the Special Task Force, determine its agenda, and direct its work.  The Chair may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects.

(e)  Mission.  The mission of the Special Task Force shall be:

(i)   to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and 

(ii)  to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.

(f)  Administration.  The Special Task Force shall be established for administrative purposes within the Department of Justice and the Department of Justice shall, to
the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

(g)  Recommendations.  The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order, unless the Chair determines that an extension is necessary.

(h)  Termination.  The Chair shall terminate the Special Task Force upon the completion of its duties.


Sec. 6.  Construction with Other Laws.  Nothing in this order shall be construed to affect the obligations of officers, employees, and other agents of the United States Government to comply with all pertinent laws and treaties of the United States governing detention and interrogation, including but not limited to:  the Fifth and Eighth Amendments to the United States Constitution; the Federal torture statute, 18 U.S.C. 2340 2340A; the War Crimes Act, 18 U.S.C. 2441; the Federal assault statute, 18 U.S.C. 113; the Federal maiming statute, 18 U.S.C. 114; the Federal "stalking" statute, 18 U.S.C. 2261A; articles 93, 124, 128, and 134 of the Uniform Code of Military Justice, 10 U.S.C. 893, 924, 928, and 934; section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd; section 6(c) of the Military Commissions Act of 2006, Public Law 109 366; the Geneva Conventions; and the Convention Against Torture.  Nothing in this order shall be construed to diminish any rights that any individual may have under these or other laws and treaties.  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

 
-/S/- Barack Obama

THE WHITE HOUSE,
January 22, 2009.

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