US (United States) Code. Title 50. Chapter 15: National Security

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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publicidad

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-306 substituted "Not later

than the dates each year provided for the transmittal of such

reports in section 507 of the National Security Act of 1947," for

"Within thirty days of receipt of such reports," in introductory

provisions.

2001 - Subsec. (d)(5)(B). Pub. L. 107-108, Sec. 309(a)(1),

substituted "Upon making such a determination, the Inspector

General shall transmit to the Director notice of that

determination, together with the complaint or information." for "If

the Inspector General determines that the complaint or information

appears credible, the Inspector General shall, before the end of

such period, transmit the complaint or information to the

Director."

Subsec. (d)(5)(D)(i). Pub. L. 107-108, Sec. 309(a)(2),

substituted "does not find credible under subparagraph (B) a

complaint or information submitted under subparagraph (A), or does

not transmit the complaint or information to the Director in

accurate form under subparagraph (B)," for "does not transmit, or

does not transmit in an accurate form, the complaint or information

described in subparagraph (B),".

2000 - Subsec. (d)(1)(E). Pub. L. 106-567, Sec. 402(a)(1), added

subpar. (E) and struck out former subpar. (E) which read as

follows: "a description of all cases occurring during the reporting

period where the Inspector General could not obtain documentary

evidence relevant to any inspection, audit, or investigation due to

his lack of authority to subpoena such information; and".

Subsec. (d)(3). Pub. L. 106-567, Sec. 403, added subpars. (B) to

(E) and concluding provisions and struck out former subpars. (B)

and (C) which read as follows:

"(B) an investigation, inspection, or audit carried out by the

Inspector General should focus upon the Director or Acting

Director; or

"(C) the Inspector General, after exhausting all possible

alternatives, is unable to obtain significant documentary

information in the course of an investigation, inspection, or

audit, the Inspector General shall immediately report such matter

to the intelligence committees."

Subsec. (e)(5)(E). Pub. L. 106-567, Sec. 402(a)(2), struck out

subpar. (E) which read as follows: "Not later than January 31 and

July 31 of each year, the Inspector General shall submit to the

Select Committee on Intelligence of the Senate and the Permanent

Select Committee on Intelligence of the House of Representatives a

report of the Inspector General's exercise of authority under this

paragraph during the preceding six months."

Subsec. (e)(8). Pub. L. 106-567, Sec. 402(b), substituted

"Government" for "Federal" wherever appearing.

1998 - Subsec. (d). Pub. L. 105-272 inserted "; reports to

Congress on urgent concerns" after "functional problems" in heading

and added par. (5).

1997 - Subsec. (b)(3). Pub. L. 105-107, Sec. 402(b), inserted ",

or from issuing any subpoena, after the Inspector General has

decided to initiate, carry out, or complete such audit, inspection,

or investigation or to issue such subpoena," after "or

investigation".

Subsec. (e)(5) to (8). Pub. L. 105-107, Sec. 402(a), added par.

(5) and redesignated former pars. (5) to (7) as (6) to (8),

respectively.

1996 - Subsec. (b)(5). Pub. L. 104-93, Sec. 403(a), amended par.

(5) generally. Prior to amendment, par. (5) read as follows: "In

accordance with section 535 of title 28, the Director shall report

to the Attorney General any information, allegation, or complaint

received from the Inspector General, relating to violations of

Federal criminal law involving any officer or employee of the

Agency, consistent with such guidelines as may be issued by the

Attorney General pursuant to subsection (b)(2) of such section. A

copy of all such reports shall be furnished to the Inspector

General."

Subsec. (e)(3)(A). Pub. L. 104-93, Sec. 403(b), inserted "or the

disclosure is made to an official of the Department of Justice

responsible for determining whether a prosecution should be

undertaken" after "investigation".

1994 - Subsec. (b)(1). Pub. L. 103-359, Sec. 402(1), substituted

"analysis, public administration, or auditing" for "analysis, or

public administration".

Subsec. (c)(1). Pub. L. 103-359, Sec. 402(2), substituted "to

plan, conduct" for "to conduct".

Subsec. (d)(1). Pub. L. 103-359, Sec. 402(3), in introductory

provisions, substituted "January 31 and July 31" for "June 30 and

December 31" and "periods ending December 31 (of the preceding

year) and June 30, respectively" for "period" and inserted "of

receipt of such reports" after "thirty days".

Subsec. (d)(3)(C). Pub. L. 103-359, Sec. 402(4), substituted

"investigation, inspection, or audit," for "investigation,".

Subsec. (d)(4). Pub. L. 103-359, Sec. 402(5), inserted "or

findings and recommendations" after "report".

Subsec. (e)(6). Pub. L. 103-359, Sec. 402(6), substituted "the

Inspector General shall" for "it is the sense of Congress that the

Inspector General should".

1992 - Subsec. (e)(3). Pub. L. 102-496, in introductory

provisions, substituted "any person" for "an employee of the

Agency" and inserted "from an employee of the Agency" after

"received".

1989 - Pub. L. 101-193 amended section generally, substituting

subsecs. (a) to (g) relating to establishment of the Office of

Inspector General and appointment, duties, and authority of

Inspector General for introductory par. and subsecs. (a) to (e)

relating to various reports to be filed with the intelligence

committees by Director of Central Intelligence concerning selection

and activities of Inspector General.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 4th item on page 156, relating to the transmittal of

semiannual reports to the intelligence committees, identifies a

reporting provision which, as subsequently amended, is contained in

subsec. (d)(1) of this section), see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403a, 403e, 403f, 415b of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "advice".

(!2) So in original. Probably should be followed by a comma.

-End-

-CITE-

50 USC Sec. 403r 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403r. Special annuity computation rules for certain employees'

service abroad

-STATUTE-

(a) Officers and employees to whom rules apply

Notwithstanding any provision of chapter 83 of title 5, the

annuity under subchapter III of such chapter of an officer or

employee of the Central Intelligence Agency who retires on or after

October 1, 1989, is not designated under section 2013 of this

title, and has served abroad as an officer or employee of the

Agency on or after January 1, 1987, shall be computed as provided

in subsection (b) of this section.

(b) Computation rules

(1) The portion of the annuity relating to such service abroad

that is actually performed at any time during the officer's or

employee's first ten years of total service shall be computed at

the rate and using the percent of average pay specified in section

8339(a)(3) of title 5 that is normally applicable only to so much

of an employee's total service as exceeds ten years.

(2) The portion of the annuity relating to service abroad as

described in subsection (a) of this section but that is actually

performed at any time after the officer's or employee's first ten

years of total service shall be computed as provided in section

8339(a)(3) of title 5; but, in addition, the officer or employee

shall be deemed for annuity computation purposes to have actually

performed an equivalent period of service abroad during his or her

first ten years of total service, and in calculating the portion of

the officer's or employee's annuity for his or her first ten years

of total service, the computation rate and percent of average pay

specified in paragraph (1) shall also be applied to the period of

such deemed or equivalent service abroad.

(3) The portion of the annuity relating to other service by an

officer or employee as described in subsection (a) of this section

shall be computed as provided in the provisions of section 8339(a)

of title 5 that would otherwise be applicable to such service.

(4) For purposes of this subsection, the term "total service" has

the meaning given such term under chapter 83 of title 5.

(c) Annuities deemed annuities under section 8339 of title 5

For purposes of subsections (f) through (m) of section 8339 of

title 5, an annuity computed under this section shall be deemed to

be an annuity computed under subsections (a) and (o) (!1) of

section 8339 of title 5.

(d) Officers and employees entitled to greater annuities under

section 8339 of title 5

The provisions of subsection (a) of this section shall not apply

to an officer or employee of the Central Intelligence Agency who

would otherwise be entitled to a greater annuity computed under an

otherwise applicable subsection of section 8339 of title 5.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 18, as added Pub. L. 101-193, title

III, Sec. 305, Nov. 30, 1989, 103 Stat. 1704; amended Pub. L.

102-496, title VIII, Sec. 803(a)(2), Oct. 24, 1992, 106 Stat.

3252.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (o) of section 8339 of title 5, referred to in subsec.

(c), was redesignated subsec. (p) of that section by Pub. L.

102-378, Sec. 2(62), Oct. 2, 1992, 106 Stat. 1354.

-COD-

CODIFICATION

Section was enacted as part of the Central Intelligence Agency

Act of 1949, and not as part of the National Security Act of 1947

which comprises this chapter.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-496 substituted reference to

section 2013 of this title for reference in original to section 203

of the Central Intelligence Agency Retirement Act of 1964 for

Certain Employees which was formerly set out as a note under

section 403 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-496 effective on first day of fourth

month beginning after Oct. 24, 1992, see section 805 of Pub. L.

102-496, set out as an Effective Date note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403a, 403e, 403f, 403r-1,

2144 of this title; title 10 section 1605.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 403r-1 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403r-1. Portability of overseas service retirement benefit

-STATUTE-

The special accrual rates provided by section 2153 of this title

and by section 403r of this title for computation of the annuity of

an individual who has served abroad as an officer or employee of

the Central Intelligence Agency shall be used to compute that

portion of the annuity of such individual relating to such service

abroad whether or not the individual is employed by the Central

Intelligence Agency at the time of retirement from Federal service.

-SOURCE-

(Pub. L. 101-193, title III, Sec. 306, Nov. 30, 1989, 103 Stat.

1704; Pub. L. 103-178, title II, Sec. 204(a), Dec. 3, 1993, 107

Stat. 2033.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization

Act, Fiscal Year 1990, and not as part of the Central Intelligence

Agency Act of 1949 which is classified to section 403a et seq. of

this title, nor as part of the National Security Act of 1947 which

comprises this chapter.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-178 substituted reference to section 2153 of

this title for reference in original to section 303 of the Central

Intelligence Agency Retirement Act of 1964 for Certain Employees.

-End-

-CITE-

50 USC Sec. 403s 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403s. Special rules for disability retirement and

death-in-service benefits with respect to certain employees

-STATUTE-

(a) Officers and employees to whom section 2051 rules apply

Notwithstanding any other provision of law, an officer or

employee of the Central Intelligence Agency subject to retirement

system coverage under subchapter III of chapter 83 of title 5 who -

(1) has five years of civilian service credit toward retirement

under such subchapter III of chapter 83, title 5;

(2) has not been designated under section 2013 of this

title,(!1) as a participant in the Central Intelligence Agency

Retirement and Disability System;

(3) has become disabled during a period of assignment to the

performance of duties that are qualifying toward such designation

under such section 2013 of this title; and

(4) satisfies the requirements for disability retirement under

section 8337 of title 5 -

shall, upon his own application or upon order of the Director, be

retired on an annuity computed in accordance with the rules

prescribed in section 2051 of this title, in lieu of an annuity

computed as provided by section 8337 of title 5.

(b) Survivors of officers and employees to whom section 2052 rules

apply

Notwithstanding any other provision of law, in the case of an

officer or employee of the Central Intelligence Agency subject to

retirement system coverage under subchapter III of chapter 83,

title 5, who -

(1) has at least eighteen months of civilian service credit

toward retirement under such subchapter III of chapter 83, title

5;

(2) has not been designated under section 2013 of this

title,(!1) as a participant in the Central Intelligence Agency

Retirement and Disability System;

(3) prior to separation or retirement from the Agency, dies

during a period of assignment to the performance of duties that

are qualifying toward such designation under such section 2013 of

this title; and

(4) is survived by a surviving spouse, former spouse, or child

as defined in section 2002 of this title, who would otherwise be

entitled to an annuity under section 8341 of title 5 -

such surviving spouse, former spouse, or child of such officer or

employee shall be entitled to an annuity computed in accordance

with section 2052 of this title, in lieu of an annuity computed in

accordance with section 8341 of title 5.

(c) Annuities under this section deemed annuities under chapter 83

of title 5

The annuities provided under subsections (a) and (b) of this

section shall be deemed to be annuities under chapter 83 of title 5

for purposes of the other provisions of such chapter and other laws

(including title 26) relating to such annuities, and shall be

payable from the Central Intelligence Agency Retirement and

Disability Fund maintained pursuant to section 2012 of this title.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 19, as added Pub. L. 101-193, title

III, Sec. 307(a), Nov. 30, 1989, 103 Stat. 1705; amended Pub. L.

102-496, title VIII, Sec. 803(a)(3), Oct. 24, 1992, 106 Stat. 3252;

Pub. L. 103-178, title V, Sec. 501(3), Dec. 3, 1993, 107 Stat.

2038.)

-COD-

CODIFICATION

Section was enacted as part of the Central Intelligence Agency

Act of 1949, and not as part of the National Security Act of 1947

which comprises this chapter.

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-178, Sec. 501(3)(A), (C),

substituted "section 2052" for "section 2051" in heading and

closing provisions.

Subsec. (b)(2). Pub. L. 103-178, Sec. 501(3)(B), made technical

amendment to reference to section 2013 of this title to update

reference to corresponding section of original act.

1992 - Subsec. (a). Pub. L. 102-496, Sec. 803(a)(3)(A), inserted

heading, redesignated cl. (i) as par. (1), in cl. (ii), substituted

reference to section 2013 of this title for reference in original

to section 203 of the Central Intelligence Agency Retirement Act of

1964 for Certain Employees, as amended, which was formerly set out

as a note under section 403 of this title, and redesignated such

cl. as par. (2), in cl. (iii), inserted "such" before reference to

section 2013 of this title and redesignated such cl. as par. (3),

redesignated cl. (iv) as par. (4), and substituted reference to

section 2051 of this title for "such section 231" in concluding

provisions.

Subsec. (b). Pub. L. 102-496, Sec. 803(a)(3)(B)(i), (ii),

(iv)-(vi), inserted heading, redesignated cl. (i) as par. (1), in

cl. (ii), substituted reference to section 2013 of this title for

reference in original to section 203 of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees, as amended,

which was formerly set out as a note under section 403 of this

title, and redesignated cl. (ii) as par. (2), redesignated cls.

(iii) and (iv) as pars. (3) and (4), respectively, and in

concluding provisions, substituted "surviving spouse, former

spouse, or child" for "widow or widower, former spouse, and/or

child or children" and substituted reference to section 2051 of

this title for "such section 232".

Pub. L. 102-496, Sec. 803(a)(3)(B)(iii), which directed the

substitution of "surviving spouse, former spouse, or child as

defined in section 2002 of this title" in cl. (iv) for "widow or

widower, former spouse, and/or child or children as defined in

section 204 and section 232 of such the Central Intelligence Agency

Retirement Act of 1964 for Certain Employees", was executed by

making the substitution for "widow or widower, former spouse,

and/or a child or children as defined in section 204 and section

232 of the Central Intelligence Agency Retirement Act of 1964 for

Certain Employees", to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 102-496, Sec. 803(a)(3)(D)(i)-(iii),

inserted heading, struck out par. (1) designation before "The

annuities provided", substituted "maintained pursuant to section

2012 of this title" for "established by section 202 of the Central

Intelligence Agency Retirement Act of 1964 for Certain Employees",

and struck out par. (2) which read as follows: "The annuities

and/or other benefits provided under subsections (c) and (d) of

this section shall be deemed to be annuities and/or benefits under

chapter 84 of title 5 for purposes of the other provisions of such

chapter and other laws (including title 26) relating to such

annuities and/or benefits, but shall be payable from the Central

Intelligence Agency Retirement and Disability Fund established by

section 202 of the Central Intelligence Agency Retirement Act of

1964 for Certain Employees."

Pub. L. 102-496, Sec. 803(a)(3)(C), (D), redesignated subsec. (e)

as (c) and struck out former subsec. (c) which provided for

retirement of officers and employees of the Central Intelligence

Agency as though designated pursuant to section 302(a) of Pub. L.

88-643 which was formerly set out as a note under section 403 of

this title.

Subsec. (d). Pub. L. 102-496, Sec. 803(a)(3)(C), struck out

subsec. (d) which provided that survivors of officers and employees

of the Central Intelligence Agency were to receive benefits as

though deceased had been designated pursuant to section 302(a) of

Pub. L. 88-643, which was formerly set out as a note under section

403 of this title.

Subsec. (e). Pub. L. 102-496, Sec. 803(a)(3)(D), redesignated

subsec. (e) as (c).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-496 effective on first day of fourth

month beginning after Oct. 24, 1992, see section 805 of Pub. L.

102-496, set out as an Effective Date note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403a, 403e, 403f of this

title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

50 USC Sec. 403t 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403t. General Counsel of Central Intelligence Agency

-STATUTE-

(a) Appointment

There is a General Counsel of the Central Intelligence Agency,

appointed from civilian life by the President, by and with the

advice and consent of the Senate.

(b) Chief legal officer

The General Counsel is the chief legal officer of the Central

Intelligence Agency.

(c) Functions

The General Counsel of the Central Intelligence Agency shall

perform such functions as the Director of Central Intelligence may

prescribe.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 20, as added Pub. L. 104-293, title

VIII, Sec. 813(a), Oct. 11, 1996, 110 Stat. 3483.)

-COD-

CODIFICATION

Section was enacted as part of the Central Intelligence Agency

Act of 1949, and not as part of the National Security Act of 1947

which comprises this chapter.

-MISC1-

APPLICABILITY OF APPOINTMENT REQUIREMENTS

Section 813(b) of Pub. L. 104-293 provided that: "The requirement

established by section 20 of the Central Intelligence Agency Act of

1949 [50 U.S.C. 403t], as added by subsection (a), for the

appointment by the President, by and with the advice and consent of

the Senate, of an individual to the position of General Counsel of

the Central Intelligence Agency shall apply as follows:

"(1) To any vacancy in such position that occurs after the date

of the enactment of this Act [Oct. 11, 1996].

"(2) To the incumbent serving in such position on the date of

the enactment of this Act as of the date that is six months after

such date of enactment, if such incumbent has served in such

position continuously between such date of enactment and the date

that is six months after such date of enactment."

-End-

-CITE-

50 USC Sec. 403u 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403u. Central services program

-STATUTE-

(a) In general

The Director may carry out a program under which elements of the

Agency provide items and services on a reimbursable basis to other

elements of the Agency, nonappropriated fund entities or

instrumentalities associated or affiliated with the Agency, and

other Government agencies. The Director shall carry out the program

in accordance with the provisions of this section.

(b) Participation of Agency elements

(1) In order to carry out the program, the Director shall -

(A) designate the elements of the Agency that are to provide

items or services under the program (in this section referred to

as "central service providers");

(B) specify the items or services to be provided under the

program by such providers; and

(C) assign to such providers for purposes of the program such

inventories, equipment, and other assets (including equipment on

order) as the Director determines necessary to permit such

providers to provide items or services under the program.

(2) The designation of elements and the specification of items

and services under paragraph (1) shall be subject to the approval

of the Director of the Office of Management and Budget.

(c) Central Services Working Capital Fund

(1) There is established a fund to be known as the Central

Services Working Capital Fund (in this section referred to as the

"Fund"). The purpose of the Fund is to provide sums for activities

under the program.

(2) There shall be deposited in the Fund the following:

(A) Amounts appropriated to the Fund.

(B) Amounts credited to the Fund from payments received by

central service providers under subsection (e) of this section.

(C) Fees imposed and collected under subsection (f)(1) of this

section.

(D) Amounts received in payment for loss or damage to equipment

or property of a central service provider as a result of

activities under the program.

(E) Other receipts from the sale or exchange of equipment or

property of a central service provider as a result of activities

under the program.

(F) Receipts from individuals in reimbursement for utility

services and meals provided under the program.

(G) Receipts from individuals for the rental of property and

equipment under the program.

(H) Such other amounts as the Director is authorized to deposit

in or transfer to the Fund.

(3) Amounts in the Fund shall be available, without fiscal year

limitation, for the following purposes:

(A) To pay the costs of providing items or services under the

program.

(B) To pay the costs of carrying out activities under

subsection (f)(2) of this section.

(d) Limitation on amount of orders

The total value of all orders for items or services to be

provided under the program in any fiscal year may not exceed an

amount specified in advance by the Director of the Office of

Management and Budget.

(e) Payment for items and services

(1) A Government agency provided items or services under the

program shall pay the central service provider concerned for such

items or services an amount equal to the costs incurred by the

provider in providing such items or services plus any fee imposed

under subsection (f) of this section. In calculating such costs,

the Director shall take into account personnel costs (including

costs associated with salaries, annual leave, and workers'

compensation), plant and equipment costs (including depreciation of

plant and equipment other than structures owned by the Agency),

operation and maintenance expenses, amortized costs, and other

expenses.

(2) Payment for items or services under paragraph (1) may take

the form of an advanced payment by an agency from appropriations

available to such agency for the procurement of such items or

services.

(f) Fees

(1) The Director may permit a central service provider to impose

and collect a fee with respect to the provision of an item or

service under the program. The amount of the fee may not exceed an

amount equal to four percent of the payment received by the

provider for the item or service.

(2)(A) Subject to subparagraph (B), the Director may obligate and

expend amounts in the Fund that are attributable to the fees

imposed and collected under paragraph (1) to acquire equipment or

systems for, or to improve the equipment or systems of, central

service providers and any elements of the Agency that are not

designated for participation in the program in order to facilitate

the designation of such elements for future participation in the

program.

(B) The Director may not expend amounts in the Fund for purposes

specified in subparagraph (A) in fiscal year 1998, 1999, or 2000

unless the Director -

(i) secures the prior approval of the Director of the Office of

Management and Budget; and

(ii) submits notice of the proposed expenditure to the

Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate.

(g) Termination

(1) Subject to paragraph (2), the Director of Central

Intelligence and the Director of the Office of Management and

Budget, acting jointly -

(A) may terminate the program under this section and the Fund

at any time; and

(B) upon such termination, shall provide for the disposition of

the personnel, assets, liabilities, grants, contracts, property,

records, and unexpended balances of appropriations,

authorizations, allocations, and other funds held, used, arising

from, available to, or to be made available in connection with

the program or the Fund.

(2) The Director of Central Intelligence and the Director of the

Office of Management and Budget may not undertake any action under

paragraph (1) until 60 days after the date on which the Directors

jointly submit notice of such action to the Permanent Select

Committee on Intelligence of the House of Representatives and the

Select Committee on Intelligence of the Senate.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 21, as added Pub. L. 105-107, title

IV, Sec. 403(a), Nov. 20, 1997, 111 Stat. 2258; amended Pub. L.

106-120, title IV, Sec. 401, Dec. 3, 1999, 113 Stat. 1615; Pub. L.

106-567, title IV, Sec. 401, Dec. 27, 2000, 114 Stat. 2847; Pub. L.

107-108, title IV, Sec. 401, Dec. 28, 2001, 115 Stat. 1403; Pub. L.

107-306, title VIII, Sec. 841(e), Nov. 27, 2002, 116 Stat. 2432.)

-COD-

CODIFICATION

Section was enacted as part of the Central Intelligence Agency

Act of 1949, and not as part of the National Security Act of 1947

which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsecs. (g), (h). Pub. L. 107-306 redesignated subsec.

(h) as (g) and struck out former subsec. (g), which required annual

audit of program activities, set forth provisions relating to form,

content, and procedures, and required submission of copies to the

Director of the Office of Management and Budget, the Director of

Central Intelligence, the Permanent Select Committee on

Intelligence of the House of Representatives, and the Select

Committee on Intelligence of the Senate.

2001 - Subsec. (g)(1). Pub. L. 107-108, Sec. 401(a), substituted

"January 31" for "December 31" and "complete an audit" for "conduct

an audit".

Subsec. (h). Pub. L. 107-108, Sec. 401(b), redesignated pars. (2)

and (3) as (1) and (2), respectively, substituted "paragraph (2)"

for "paragraph (3)" in par. (1) and "paragraph (1)" for "paragraph

(2)" in par. (2), and struck out former par. (1) which read as

follows: "The authority of the Director to carry out the program

under this section shall terminate on March 31, 2002.".

2000 - Subsec. (c)(2)(F) to (H). Pub. L. 106-567, Sec. 401(a),

added subpars. (F) and (G) and redesignated former subpar. (F) as

(H).

Subsec. (e)(1). Pub. L. 106-567, Sec. 401(b), in second sentence,

inserted "other than structures owned by the Agency" after

"depreciation of plant and equipment".

Subsec. (g)(2). Pub. L. 106-567, Sec. 401(c), substituted

"financial statements to be prepared with respect to the program.

Office of Management and Budget guidance shall also determine the

procedures for conducting annual audits under paragraph (1)." for

"annual audits under paragraph (1)".

1999 - Subsec. (a). Pub. L. 106-120, Sec. 401(a), substituted ",

nonappropriated fund entities or instrumentalities associated or

affiliated with the Agency, and other" for "and to other".

Subsec. (c)(2)(D). Pub. L. 106-120, Sec. 401(b)(1), amended

subpar. (D) generally. Prior to amendment, subpar. (D) read as

follows: "Amounts collected in payment for loss or damage to

equipment or other property of a central service provider as a

result of activities under the program."

Subsec. (c)(2)(E), (F). Pub. L. 106-120, Sec. 401(b)(2), (3),

added subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (f)(2)(A). Pub. L. 106-120, Sec. 401(c), inserted

"central service providers and any" before "elements of the

Agency".

Subsec. (h)(1). Pub. L. 106-120, Sec. 401(d), substituted "2002"

for "2000".

AVAILABILITY OF FUNDS CREDITED TO CENTRAL SERVICES WORKING CAPITAL

FUND

Pub. L. 107-248, title VIII, Sec. 8042, Oct. 23, 2002, 116 Stat.

1546, provided in part: "That funds appropriated, transferred, or

otherwise credited to the Central Intelligence Agency Central

Services Working Capital Fund during this or any prior or

subsequent fiscal year shall remain available until expended".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-117, div. A, title VIII, Sec. 8045, Jan. 10, 2002,

115 Stat. 2257.

Pub. L. 106-259, title VIII, Sec. 8045, Aug. 9, 2000, 114 Stat.

684.

Pub. L. 106-79, title VIII, Sec. 8048, Oct. 25, 1999, 113 Stat.

1241.

Pub. L. 105-262, title VIII, Sec. 8048, Oct. 17, 1998, 112 Stat.

2307.

-End-

-CITE-

50 USC Sec. 403v 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403v. Detail of employees

-STATUTE-

The Director may -

(1) detail any personnel of the Agency on a reimbursable basis

indefinitely to the National Reconnaissance Office without regard

to any limitation under law on the duration of details of Federal

Government personnel; and

(2) hire personnel for the purpose of any detail under

paragraph (1).

-SOURCE-

(June 20, 1949, ch. 227, Sec. 22, as added Pub. L. 106-567, title

IV, Sec. 404, Dec. 27, 2000, 114 Stat. 2848.)

-COD-

CODIFICATION

Section was enacted as part of the Central Intelligence Agency

Act of 1949, and not as part of the National Security Act of 1947

which comprises this chapter.

-End-

-CITE-

50 USC Sec. 404 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404. Emergency preparedness

-STATUTE-

(a) Employment of personnel

The Director of the Federal Emergency Management Agency, subject

to the direction of the President, is authorized, subject to the

civil-service laws and chapter 51 and subchapter III of chapter 53

of title 5, to appoint and fix the compensation of such personnel

as may be necessary to assist him in carrying out his functions.

(b) Functions

It shall be the function of the Director of the Federal Emergency

Management Agency to advise the President concerning the

coordination of military, industrial, and civilian mobilization,

including -

(1) policies concerning industrial and civilian mobilization in

order to assure the most effective mobilization and maximum

utilization of the Nation's manpower in the event of war;

(2) programs for the effective use in time of war of the

Nation's natural and industrial resources for military and

civilian needs, for the maintenance and stabilization of the

civilian economy in time of war, and for the adjustment of such

economy to war needs and conditions;

(3) policies for unifying, in time of war, the activities of

Federal agencies and departments engaged in or concerned with

production, procurement, distribution, or transportation of

military or civilian supplies, materials, and products;

(4) the relationship between potential supplies of, and

potential requirements for, manpower, resources, and productive

facilities in time of war;

(5) policies for establishing adequate reserves of strategic

and critical material, and for the conservation of these

reserves;

(6) the strategic relocation of industries, services,

government, and economic activities, the continuous operation of

which is essential to the Nation's security.

(c) Utilization of Government resources and facilities

In performing his functions, the Director of the Federal

Emergency Management Agency shall utilize to the maximum extent the

facilities and resources of the departments and agencies of the

Government.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 107, formerly Sec. 103, 61

Stat. 499; Oct. 28, 1949, ch. 782, title IX, Sec. 1106(a), 63 Stat.

972; 1950 Reorg. Plan No. 25, Sec. 1, eff. July 9, 1950, 15 F.R.

4366, 64 Stat. 1280; 1953 Reorg. Plan No. 3, Sec. 2(a), eff. June

12, 1953, 18 F.R. 3375, 67 Stat. 634; Sept. 3, 1954, ch. 1263, Sec.

50, 68 Stat. 1244; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1,

1958, 23 F.R. 4991, 72 Stat. 1799; Pub. L. 90-608, ch. IV, Sec.

402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff.

June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, Secs. 1-103,

4-102, July 20, 1979, 44 F.R. 43239; renumbered Sec. 107, Pub. L.

102-496, title VII, Sec. 705(a)(2), Oct. 24, 1992, 106 Stat. 3190.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (a), "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1954 - Act Sept. 3, 1954, struck out subsec. (a) relating to

establishment of National Security Resources Board, and

redesignated subsecs. (b) to (d) as subsecs. (a) to (c),

respectively.

1949 - Subsec. (b). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Federal Emergency Management Agency" substituted

for "Chairman of the Board" in subsec. (a), and for "Board" in

subsecs. (b) and (c), on authority of the following:

"Chairman of the Board", meaning Chairman of National Security

Resources Board, substituted in subsecs. (b) and (c) for "Board",

meaning National Security Resources Board, on authority of section

1 of Reorg. Plan No. 25 of 1950, set out below.

"Director of the Office of Defense Mobilization" substituted in

text for "Chairman of Board" meaning National Security Resources

Board, pursuant to Reorg. Plan No. 3 of 1953, Secs. 1(a), 2(a), and

6, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out below,

which established Office of Defense Mobilization, as an agency

within Executive Office of President, abolished National Security

Resources Board, and transferred to Director of Office of Defense

Mobilization functions, records, property, personnel, and funds of

Board.

Office of Defense Mobilization and Federal Civil Defense

Administration consolidated to form Office of Emergency Planning,

an agency within Executive Office of President, by section 2 of

Reorg. Plan No. 1 of 1958, eff. July 1, 1958, 23 F.R. 4991, 72

Stat. 1799, as amended, set out in the Appendix to Title 5,

Government Organization and Employees, and functions vested by law

in Office of Defense Mobilization and Director thereof transferred

to President, with power to delegate, by section 1 of Reorg. Plan

No. 1 of 1958.

Office of Emergency Planning changed to Office of Emergency

Preparedness pursuant to section 402 of Pub. L. 90-608, Oct. 21,

1968, 82 Stat. 1194, which provided that references in laws to

Office of Emergency Planning after Oct. 21, 1968, should be deemed

references to Office of Emergency Preparedness.

Office of Emergency Preparedness, including offices of Director,

Deputy Director, Assistant Directors, and Regional Directors,

abolished and functions vested by law in Office of Emergency

Preparedness transferred to President of United States by sections

1 and 3(a)(1) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 38

F.R. 9579, 87 Stat. 1089, set out in the Appendix to Title 5,

Government Organization and Employees.

Functions vested in Director of Office of Emergency Preparedness

as of June 30, 1973, by Executive Order, proclamation, or other

directive issued by or on behalf of President or otherwise under

this section and Ex. Ord. No. 10421, formerly set out below, with

certain exceptions, transferred to Administrator of General

Services by Ex. Ord. No. 11725, Sec. 3, June 27, 1973, 38 F.R.

17175, formerly set out under section 2271 of the Appendix to this

title, to be exercised in conformance with such guidance as

provided by National Security Council and, with respect to economic

and disposal aspects of stockpiling of strategic and critical

materials by Council on Economic Policy. Functions of Administrator

of General Services under this chapter performed by Federal

Preparedness Agency within General Services Administration.

Functions of Director of Office of Defense Mobilization under

this section, which were previously transferred to President,

delegated to Secretary of Homeland Security by sections 1-103 and

4-102 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as

amended, set out as a note under section 5195 of Title 42, The

Public Health and Welfare.

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Secretary of Homeland Security, see parts 1, 2, and 17 of Ex. Ord.

No. 12656, Nov. 18, 1988, 53 F.R. 47491, as amended, set out as a

note under section 5195 of Title 42, The Public Health and Welfare.

-MISC2-

OFFICE OF EMERGENCY PLANNING

Pub. L. 87-296, Sec. 2, Sept. 22, 1961, 75 Stat. 630, provided

that: "Any reference in any other law to the Office of Civil and

Defense Mobilization shall, after the date of this Act [Sept. 22,

1961], be deemed to refer to the Office of Emergency Planning."

REORGANIZATION PLAN NO. 25 OF 1950

EFF. JULY 9, 1950, 15 F.R. 4366, 64 STAT. 1280

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 9, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

NATIONAL SECURITY RESOURCES BOARD

SECTION 1. FUNCTIONS OF CHAIRMAN AND OF BOARD

The functions of the National Security Resources Board are hereby

transferred to the Chairman of the National Security Resources

Board, and the Board shall hereafter advise and consult with the

Chairman with respect to such matters within his jurisdiction as he

may request.

SEC. 2. VICE CHAIRMAN

There is hereby established the office of Vice Chairman of the

National Security Resources Board. Such Vice Chairman shall (1) be

an additional member of the National Security Resources Board, (2)

be appointed from civilian life by the President, by and with the

advice and consent of the Senate, (3) receive compensation at the

rate of $16,000 per annum, and (4) perform such of the duties of

the Chairman as the Chairman shall designate.

SEC. 3. PERFORMANCE OF FUNCTIONS OF CHAIRMAN

The Chairman may from time to time make such provisions as he

shall deem appropriate authorizing the performance by any other

officer, or by any agency or employee, of the National Security

Resources Board of any function of the Chairman.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 25 of 1950, prepared

in accordance with the provisions of the Reorganization Act of

1949. The plan transfers the function of the National Security

Resources Board from the Board to the Chairman of the Board and

makes the Board advisory to the Chairman. The plan also provides

for a Vice Chairman, appointed by the President and confirmed by

the Senate.

The function assigned to the National Security Resources Board by

the National Security Act of 1947 is "to advise the President

concerning the coordination of military, industrial and civilian

mobilization." Proper performance of this function requires action

by the Board and its staff in two broad areas:

(1) The conduct of advance mobilization planning which identifies

the problems which will arise and the measures necessary to meet

these problems if and when the Nation moves from a peacetime into a

wartime situation.

(2) The formulation of current policies and programs which will

help the Nation achieve an adequate state of readiness against the

eventuality of a future war.

The role assigned the National Security Resources Board is

clearly one of staff assistance to the President. The Congress

recently recognized this fact in its approval of Reorganization

Plan No. 4 of 1949 which, pursuant to the specific recommendation

of the Hoover Commission, placed the National Security Resources

Board in the Executive Office of the President.

The accompanying reorganization plan is designed to make the

National Security Resources Board a more effective instrument.

Successful performance of the Board's mission requires a wide range

of detailed study and analysis to cover all the major aspects of

national mobilization. A committee of department heads or

departmental representatives encounters some natural difficulties

in providing supervision and leadership in such an extensive and

detailed activity. The Chairman has the difficult task of

exercising discretion as to which matters shall be submitted for

Board approval. The departmental members of the Board cannot

possibly supervise or approve the Board's extensive and detailed

activities and yet, as Board members, must accept ultimate

responsibility for all such activities. Likewise, the departmental

members are encumbered by the difficulty of having to reach

collective and speedy decisions on a great many matters for which

they, as Board members, are responsible.

By vesting the functions of the Board in the Chairman, the

difficulties of Board operation will be overcome. At the same time,

the reorganization plan provides for the continued participation of

the several departments and agencies in the task of mobilization

planning. This is not only a matter of established policy but also

a requirement of the National Security Act. The departments will

continue to have representation on the Board. The Board, in an

advisory relationship to the Chairman, will be a useful arrangement

for obtaining the necessary participation of departments in

mobilization planning and for coordination of their activity. It

will enable the departments to keep abreast of the total range of

security resources planning. Without reliance on the departments

for the execution of much of the actual job of mobilization

planning, coordination with the total range of governmental

policies and objectives would be lost.

The Congress in passing the National Security Act Amendments of

1949 recognized the difficulty which exists when functions of staff

advice and assistance are placed in a board-type agency. The

National Security Act Amendments of 1949, in clarifying the role of

the Chairman of the Munitions Board and the Research and

Development Board, strengthened and increased the effectiveness of

these staff agencies of the Secretary of Defense by providing for

the exclusive exercise of responsibilities by the Chairman. This

plan achieves the same objective for the National Security

Resources Board.

The accompanying reorganization plan provides for a Vice Chairman

appointed by the President and confirmed by the Senate. The

tremendous responsibilities of the National Security Resources

Board and the heavy workload on the Chairman fully warrant this.

Providing the Chairman with a principal associate for the exercise

of his responsibilities is consistent with the usual practice in

other agencies of the executive branch.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 25 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

I have found and hereby declare that it is necessary to include

in the accompanying reorganization plan, by reason of

reorganizations made thereby, provisions for the appointment and

compensation of a Vice Chairman of the National Security Resources

Board. The rate of compensation fixed for this officer is that

which I have found to prevail in respect of comparable officers in

the executive branch of the Government.

The taking effect of the reorganizations included in

Reorganization Plan No. 25 may not in itself result in substantial

immediate savings. However, the important objective is maximum

effectiveness in security resources planning.

The security of this Nation requires that these steps be taken to

enable security resources planning to move forward more

effectively. It is for that reason that Reorganization Plan No. 25

is today submitted to the Congress. It is for that reason, and that

reason alone, that I strongly urge congressional acceptance of

Reorganization Plan No. 25.

Harry S. Truman.

The White House, May 9, 1950.

REORGANIZATION PLAN NO. 3 OF 1953

EFF. JUNE 12, 1953, 18 F.R. 3375, 67 STAT. 634

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 2, 1953,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

OFFICE OF DEFENSE MOBILIZATION

SECTION 1. ESTABLISHMENT OF OFFICE

(a) There is hereby established in the Executive Office of the

President a new agency which shall be known as the Office of

Defense Mobilization, hereinafter referred to as the "Office."

(b) There shall be at the head of the Office a Director of the

Office of Defense Mobilization, hereinafter referred to as the

"Director," who shall be appointed by the President by and with the

advice and consent of the Senate and shall receive compensation at

the rate of $22,500 per annum.

(c) There shall be in the Office a Deputy Director of the Office

of Defense Mobilization, who shall be appointed by the President,

by and with the advice and consent of the Senate, shall receive

compensation at the rate of $17,500 per annum, shall perform such

functions as the Director shall designate, and shall act as

Director during the absence or disability of the Director or in the

event of a vacancy in the office of the Director.

SEC. 2. TRANSFER OF FUNCTIONS

There are hereby transferred to the Director:

(a) All functions of the Chairman of the National Security

Resources Board, including his functions as a member of the

National Security Council, but excluding the functions abolished by

section 5(a) of this reorganization plan.

(b) All functions under the Strategic and Critical Materials

Stock Piling Act, as amended (50 U.S.C. 98 et seq.), vested in the

Secretaries of the Army, Navy, Air Force, and Interior or in any of

them or in any combination of them, including the functions which

were vested in the Army and Navy Munitions Board by the item No.

(2) in section 6(a) of the said Act (60 Stat. 598) [former section

98e(a)(2) of this title], but excluding functions vested in the

Secretary of the Interior by section 7 of said Act [former section

98f of this title].

(c) The functions vested in the Munitions Board by section 4(h)

of the Commodity Credit Corporation Charter Act, as amended (15

U.S.C. 714b(h)), and by section 204(e) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 485(e)) [now 40

U.S.C. 574(c)].

(d) All functions now vested by any statute in the Director of

Defense Mobilization or in the Office of Defense Mobilization

provided for in Executive Order Numbered 10193 (15 F.R. 9031)

[revoked by Ex. Ord. No. 10480, 18 F.R. 4939, formerly set out as a

note under section 2153 of Appendix to this title].

SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS

(a) The Director may from time to time make such provisions as he

shall deem appropriate authorizing the performance by any other

officer, or by any agency or employee, of the Office, of any

function of the Director, exclusive of the function of being a

member of the National Security Council.

(b) When authorized by the Director, any function transferred to

him by the provisions of this reorganization plan (exclusive of the

function of being a member of the National Security Council) may be

performed by the head of any agency of the executive branch of the

Government or, subject to the direction and control of any such

agency head, by such officers, employees, and organizational units

under the jurisdiction of such agency head as such agency head may

designate.

(c) In addition to the representatives who by virtue of the last

sentence of section 2(a) of the Strategic and Critical Materials

Stock Piling Act, as amended [former section 98a(a) of this title],

and section 2 of this reorganization plan are designated to

cooperate with the Director, the Secretary of Defense, the

Secretary of the Interior, and the heads of such other agencies

having functions regarding strategic or critical materials as the

Director shall from time to time designate, shall each designate

representatives who shall similarly cooperate with the Director.

SEC. 4. RECORDS, PROPERTY, PERSONNEL, AND FUNDS

There shall be transferred with the functions transferred by this

reorganization plan from the Chairman of the National Security

Resources Board and the Department of Defense, respectively, so

much of the records, property, personnel, and unexpended balances

of appropriations, allocations, and other funds, used, held,

employed, available, or to be made available in connection with the

said functions, as the Director shall determine to be required for

the performance of the transferred functions by the Office, but all

transfers from the Department of Defense under the foregoing

provisions of this section shall be subject to the approval of the

Secretary of Defense.

SEC. 5. ABOLITION OF FUNCTIONS

(a) The functions of the Chairman of the National Security

Resources Board under section 18 of the Universal Military Training

and Service Act (50 U.S.C. App. 468), as affected by Reorganization

Plan Numbered 25 of 1950 (64 Stat. 1280) [set out above], with

respect to being consulted by and furnishing advice to the

President as required by that section, are hereby abolished.

(b) So much of the functions of the Secretary of Defense under

section 202(b) of the National Security Act of 1947, as amended

[see 10 U.S.C. 113(b)], as consists of direction, authority, and

control over functions transferred by this reorganization plan is

hereby abolished.

(c) Any functions which were vested in the Army and Navy

Munitions Board or which are vested in the Munitions Board with

respect to serving as agent through which the Secretaries of the

Army, Navy, Air Force, and Interior jointly act, under section 2(a)

of the Strategic and Critical Materials Stock Piling Act, as

amended [former section 98a of this title], are hereby abolished.

SEC. 6. ABOLITION OF NATIONAL SECURITY RESOURCES BOARD

The National Security Resources Board (established by the

National Security Act of 1947, 61 Stat. 499 [this section]),

including the offices of Chairman and Vice Chairman of the National

Security Resources Board, is hereby abolished, and the Director

shall provide for winding up any outstanding affairs of the said

Board or offices not otherwise provided for in this reorganization

plan.

[For subsequent history relating to Office of Defense

Mobilization, see notes set out under this section.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 4 of 1953, prepared

in accordance with the provisions of the Reorganization Act of

1949, as amended.

The reorganization plan is designed to achieve two primary

objectives: The first is to improve the organization of the

Executive Office of the President; the second is to enable one

Executive Office agency to exercise strong leadership in our

national mobilization effort, including both current defense

activities and readiness for any future national emergency.

The National Security Resources Board was established by the

National Security Act of 1947 to advise the President concerning

various aspects of future military, industrial, and civilian

mobilization. The areas of responsibility assigned to the Board

included the use of national and industrial resources for military

and civilian needs; the sufficiency of productive facilities; the

strategic relocation of industries; the mobilization and maximum

utilization of manpower; and the maintenance and stabilization of

the civilian economy.

The vigorous and efficient discharge of these vital functions is

not well served by the simultaneous existence in the Executive

Office of the President of the National Security Resources Board

(charged with planning for the future) and the present Office of

Defense Mobilization (charged with programs of the present). The

progress of the current mobilization effort has made plain how

artificial is the present separation of these functions.

Both functions should now be combined into one defense

mobilization agency. Accordingly, the reorganization plan would

create in the Executive Office of the President a new agency, to be

known as the Office of Defense Mobilization. It would transfer to

the new Office the functions of the Chairman of the National

Security Resources Board and abolish that Board, including the

offices of Chairman and Vice Chairman.

The reorganization plan also transfers to the new agency the

statutory functions of the present Office of Defense Mobilization.

These are of a minor nature, the major functions of the present

Office of Defense Mobilization having been delegated to it by the

President, principally under the Defense Production Act of 1950, as

amended. It is my intention to transfer the latter functions to the

new agency by Executive order, and to abolish the Office of Defense

Mobilization established by Executive Order No. 10193. There will

thus result a new agency which combines the activities of the

National Security Resources Board and both the statutory and

delegated functions of the heretofore existing Office of Defense

Mobilization.

The proposed plan would also reorganize various activities

relating to the stockpiling of strategic and critical materials.

Those activities are principally provided for in the Strategic and

Critical Materials Stock Piling Act, as amended. It has become

increasingly apparent that the policy and program aspects of

stockpiling are an integral part of mobilization planning. They

should not be administered separately from plant expansion,

conservation of materials, and materials procurement under the

Defense Production Act of 1950, or from the duties placed in the

National Security Resources Board by the National Security Act of

1947. Therefore, the reorganization plan would transfer to the

Director of the new Office of Defense Mobilization responsibility

for major stockpiling actions, including the determination of the

nature and quantities of materials to be stockpiled. In the main,

these functions are transferred from the Secretaries of the Army,

Navy, and Air Force (acting jointly through the agency of the

Munitions Board) and the Secretary of the Interior. The duties of

the Administrator of General Services regarding the purchase of

strategic and critical materials and the management of stockpiles

are not affected by the reorganization plan, except that he will

receive his directions, under the plan, from the Director of the

Office of Defense Mobilization instead of from the Department of

Defense.

This transfer of stockpiling functions will correct the present

undesirable confusion of responsibilities. The functions of the

heads of the military departments of the Department of Defense and

the Secretary of the Interior under the Strategic and Critical

Materials Stock Piling Act, as amended, are at present in

considerable measure subject to other authority of delegates of the

President springing from the Defense Production Act of 1950, as

amended. The allocation and distribution of scarce materials among

essential civilian and military activities and the continued

maintenance of adequate stockpiles of strategic and critical

materials are of major current importance. The reorganization plan

will make possible more effective coordination and close control

over the Government's whole stockpile program. It will speed

decisions. It can result in significant economies.

The Department of Defense will, of course, continue to be

responsible for presenting the needs of the military services. That

Department and the Department of the Interior are specifically

designated in the plan as additional agencies which shall appoint

representatives to cooperate with the Director of the Office of

Defense Mobilization in determining which materials are strategic

and critical and how much of them is to be purchased. Final

authority with regard to such determination will, however, be in

the Director of the Office of Defense Mobilization.

Section 5(a) of the reorganization plan withholds from transfer

to the Director and abolishes the functions of the Chairman of the

National Security Resources Board with regard to being consulted by

and furnishing advice to the President concerning the placing of

orders of mandatory precedence for articles or materials for the

use of the armed forces of the United States or for the use of the

Atomic Energy Commission, and with regard to determining that a

plant, mine, or other facility can be readily converted to the

production or furnishing of such articles or materials. These

abolished functions were vested in the National Security Resources

Board by section 18 of the Selective Service Act of 1948 (later

renamed as the Universal Military Training and Service Act) and

were transferred to the Chairman of that Board by Reorganization

Plan No. 25 of 1950. The practical effect of this abolition is to

obviate a statutory mandate that the President consult and advise

with another officer of the executive branch of the Government.

Section 5(b) of the reorganization plan abolishes the direction,

authority, and control of the Secretary of Defense over functions

transferred from the Department of Defense by the reorganization

plan. The Secretary's functions in this regard are provided for in

section 202(b) of the National Security Act of 1947, as amended (5

U.S.C. 171a(b)) [see 10 U.S.C. 113(b)].

Section 5(c) of the reorganization plan abolishes any functions

which were vested in the Army and Navy Munitions Board or which are

vested in the Munitions Board with respect to serving as the agent

through which the Secretaries of the Army, Navy, Air Force, and the

Interior jointly act in determining which materials are strategic

and critical under the provisions of the Strategic and Critical

Materials Stock Piling Act, as amended, and the quality and

quantities of such materials to be stockpiled. These abolished

functions are provided for in section 2(a) of the Strategic and

Critical Materials Stock Piling Act, as amended.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 3 of 1953 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended. I have

also found and hereby declare that by reason of these

reorganizations it is necessary to include in the reorganization

plan provisions for the appointment and compensation of a Director

and a Deputy Director of the Office of Defense Mobilization. The

rates of compensation fixed for these officers are, respectively,

those which I have found to prevail in respect of comparable

officers of the executive branch of the Government.

The reorganization plan will permit better organization and

management of the Federal programs relating to materials and

requirements and will thus help to achieve the maximum degree of

mobilization readiness at the least possible cost. It is not

practicable, however, to itemize, in advance of actual experience,

the reductions of expenditures to be brought about by the taking

effect of the reorganizations included in Reorganization Plan No. 3

of 1953.

I urge that the Congress allow the proposed reorganization plan

to become effective.

Dwight D. Eisenhower.

The White House, April 2, 1953.

-EXEC-

EXECUTIVE ORDER NO. 9905

Ex. Ord. No. 9905, Nov. 13, 1947, 12 F.R. 7613, as amended by Ex.

Ord. No. 9931, Feb. 19, 1948, 13 F.R. 763, provided for membership

of National Security Resources Board and defined functions, duties

and authority of Chairman of Board.

EXECUTIVE ORDER NO. 10169

Ex. Ord. No. 10169, Oct. 11, 1950, 15 F.R. 6901, which provided

for a National Advisory Committee on Mobilization Policy, was

revoked by Ex. Ord. No. 10480, Aug. 14, 1953, 18 F.R. 4939,

formerly set out under section 2153 of the Appendix to this title.

EXECUTIVE ORDER NO. 10421

Ex. Ord. No. 10421, Dec. 31, 1952, 18 F.R. 57, as amended by Ex.

Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 10773,

July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23

F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex.

Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which related to

physical security of defense facilities, was revoked by Ex. Ord.

No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out under section 5195

of Title 42, The Public Health and Welfare.

EXECUTIVE ORDER NO. 10438

Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491, which related to

transfer of functions to Director of Defense Mobilization, was

superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683,

formerly set out under section 5195 of Title 42, The Public Health

and Welfare.

-End-

-CITE-

50 USC Sec. 404a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404a. Annual national security strategy report

-STATUTE-

(a) Transmittal to Congress

(1) The President shall transmit to Congress each year a

comprehensive report on the national security strategy of the

United States (hereinafter in this section referred to as a

"national security strategy report").

(2) The national security strategy report for any year shall be

transmitted on the date on which the President submits to Congress

the budget for the next fiscal year under section 1105 of title 31.

(3) Not later than 150 days after the date on which a new

President takes office, the President shall transmit to Congress a

national security strategy report under this section. That report

shall be in addition to the report for that year transmitted at the

time specified in paragraph (2).

(b) Contents

Each national security strategy report shall set forth the

national security strategy of the United States and shall include a

comprehensive description and discussion of the following:

(1) The worldwide interests, goals, and objectives of the

United States that are vital to the national security of the

United States.

(2) The foreign policy, worldwide commitments, and national

defense capabilities of the United States necessary to deter

aggression and to implement the national security strategy of the

United States.

(3) The proposed short-term and long-term uses of the

political, economic, military, and other elements of the national

power of the United States to protect or promote the interests

and achieve the goals and objectives referred to in paragraph

(1).

(4) The adequacy of the capabilities of the United States to

carry out the national security strategy of the United States,

including an evaluation of the balance among the capabilities of

all elements of the national power of the United States to

support the implementation of the national security strategy.

(5) Such other information as may be necessary to help inform

Congress on matters relating to the national security strategy of

the United States.

(c) Classified and unclassified form

Each national security strategy report shall be transmitted in

both a classified and an unclassified form.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 108, formerly Sec. 104, as

added Pub. L. 99-433, title VI, Sec. 603(a)(1), Oct. 1, 1986, 100

Stat. 1074; renumbered Sec. 108, Pub. L. 102-496, title VII, Sec.

705(a)(2), Oct. 24, 1992, 106 Stat. 3190; amended Pub. L. 106-65,

div. A, title IX, Sec. 901(b), Oct. 5, 1999, 113 Stat. 717.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(3). Pub. L. 106-65 added par. (3).

NATIONAL COMMISSION ON THE FUTURE ROLE OF UNITED STATES NUCLEAR

WEAPONS, PROBLEMS OF COMMAND, CONTROL, AND SAFETY OF SOVIET NUCLEAR

WEAPONS, AND REDUCTION OF NUCLEAR WEAPONS

Pub. L. 102-172, title VIII, Sec. 8132, Nov. 26, 1991, 105 Stat.

1208, provided for establishment of a National Commission which was

to submit to Congress, not later than May 1, 1993, a final report

containing an assessment and recommendations regarding role of, and

requirements for, nuclear weapons in security strategy of United

States as result of significant changes in former Warsaw Pact,

former Soviet Union, and Third World, including possibilities for

international cooperation with former Soviet Union regarding such

problems, and safeguards to protect against accidental or

unauthorized use of nuclear weapons, further directed Commission to

obtain study from National Academy of Sciences on these matters,

further authorized establishment of joint working group comprised

of experts from governments of United States and former Soviet

Union which was to meet on regular basis and provide

recommendations regarding these matters, and further provided for

composition of Commission as well as powers, procedures, personnel

matters, appropriations, and termination of Commission upon

submission of its final report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 113, 117, 118,

118a, 231, 2501.

-End-

-CITE-

50 USC Sec. 404b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404b. Multiyear national foreign intelligence program

-STATUTE-

(a) Annual submission of multiyear national foreign intelligence

program

The Director of Central Intelligence shall submit to the

congressional committees specified in subsection (d) of this

section each year a multiyear national foreign intelligence program

plan reflecting the estimated expenditures and proposed

appropriations required to support that program. Any such multiyear

national foreign intelligence program plan shall cover the fiscal

year with respect to which the budget is submitted and at least

four succeeding fiscal years.

(b) Time of submission

The Director shall submit the report required by subsection (a)

of this section each year at or about the same time that the budget

is submitted to Congress pursuant to section 1105(a) of title 31.

(c) Consistency with budget estimates

The Director of Central Intelligence and the Secretary of Defense

shall ensure that the estimates referred to in subsection (a) of

this section are consistent with the budget estimates submitted to

Congress pursuant to section 1105(a) of title 31 for the fiscal

year concerned and with the estimated expenditures and proposed

appropriations for the multiyear defense program submitted pursuant

to section 114a (!1) of title 10.

(d) Specified congressional committees

The congressional committees referred to in subsection (a) of

this section are the following:

(1) The Committee on Armed Services, the Committee on

Appropriations, and the Select Committee on Intelligence of the

Senate.

(2) The Committee on Armed Services, the Committee on

Appropriations, and the Permanent Select Committee on

Intelligence of the House of Representatives.

-SOURCE-

(Pub. L. 101-510, div. A, title XIV, Sec. 1403, Nov. 5, 1990, 104

Stat. 1675; Pub. L. 104-106, div. A, title XV, Sec. 1502(c)(4)(B),

Feb. 10, 1996, 110 Stat. 507; Pub. L. 106-65, div. A, title X, Sec.

1067(10), Oct. 5, 1999, 113 Stat. 774.)

-REFTEXT-

REFERENCES IN TEXT

Section 114a of title 10, referred to in subsec. (c), was

renumbered section 221 of title 10 by Pub. L. 102-484, div. A,

title X, Sec. 1002(c)(1), Oct. 23, 1992, 106 Stat. 2480.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1991, and not as part of the National Security

Act of 1947 which comprises this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(2). Pub. L. 106-65 substituted "Committee on

Armed Services" for "Committee on National Security".

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1502(c)(4)(B)(i),

substituted "the congressional committees specified in subsection

(d) of this section each year" for "the Committees on Armed

Services and Appropriations of the Senate and the House of

Representatives and the Select Committee on Intelligence of the

Senate and the Permanent Select Committee on Intelligence of the

House of Representatives each year".

Subsec. (d). Pub. L. 104-106, Sec. 1502(c)(4)(B)(ii), added

subsec. (d).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 404c 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404c. Annual report on United States security arrangements and

commitments with other nations

-STATUTE-

(a) Report requirements

The President shall submit to the congressional committees

specified in subsection (d) of this section each year a report (in

both classified and unclassified form) on United States security

arrangements with, and commitments to, other nations.

(b) Matters to be included

The President shall include in each such report the following:

(1) A description of -

(A) each security arrangement with, or commitment to, other

nations, whether based upon (i) a formal document (including a

mutual defense treaty, a pre-positioning arrangement or

agreement, or an access agreement), or (ii) an expressed

policy; and

(B) the historical origins of each such arrangement or

commitment.

(2) An evaluation of the ability of the United States to meet

its commitments based on the projected reductions in the defense

structure of the United States.

(3) A plan for meeting each of those commitments with the force

structure projected for the future.

(4) An assessment of the need to continue, modify, or

discontinue each of those arrangements and commitments in view of

the changing international security situation.

(c) Deadline for report

The President shall submit the report required by subsection (a)

of this section not later than February 1 of each year.

(d) Specified congressional committees

The congressional committees referred to in subsection (a) of

this section are the following:

(1) The Committee on Armed Services and the Committee on

Foreign Relations of the Senate.

(2) The Committee on Armed Services and the Committee on

International Relations of the House of Representatives.

-SOURCE-

(Pub. L. 101-510, div. A, title XIV, Sec. 1457, Nov. 5, 1990, 104

Stat. 1696; Pub. L. 104-106, div. A, title XV, Sec. 1502(c)(4)(C),

Feb. 10, 1996, 110 Stat. 507; Pub. L. 106-65, div. A, title X, Sec.

1067(10), Oct. 5, 1999, 113 Stat. 774.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1991, and not as part of the National Security

Act of 1947 which comprises this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(2). Pub. L. 106-65 substituted "Committee on

Armed Services" for "Committee on National Security".

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1502(c)(4)(C)(i),

substituted "shall submit to the congressional committees specified

in subsection (d) of this section each year" for "shall submit to

the Committees on Armed Services and on Foreign Affairs of the

House of Representatives and the Committees on Armed Services and

Foreign Relations of the Senate each year".

Subsec. (c). Pub. L. 104-106, Sec. 1502(c)(4)(C)(ii), substituted

"The President" for "(1) Except as provided in paragraph (2), the

President" and struck out par. (2) which read as follows: "In the

case of the report required to be submitted in 1991, the

evaluation, plan, and assessment referred to in paragraphs (2),

(3), and (4) of subsection (b) of this section may be submitted not

later than May 1, 1991."

Subsec. (d). Pub. L. 104-106, Sec. 1502(c)(4)(C)(iii), added

subsec. (d).

-End-

-CITE-

50 USC Sec. 404d 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404d. Annual report on intelligence

-STATUTE-

(a) In general

(1)(A) Not later each year than the date provided in section 415b

of this title, the President shall submit to the congressional

intelligence committees a report on the requirements of the United

States for intelligence and the activities of the intelligence

community.

(B) Not later than January 31 each year, and included with the

budget of the President for the next fiscal year under section

1105(a) of title 31, the President shall submit to the appropriate

congressional committees the report described in subparagraph (A).

(2) The purpose of the report is to facilitate an assessment of

the activities of the intelligence community during the preceding

fiscal year and to assist in the development of a mission and a

budget for the intelligence community for the fiscal year beginning

in the year in which the report is submitted.

(3) The report shall be submitted in unclassified form, but may

include a classified annex.

(b) Matters covered

(1) Each report under subsection (a) of this section shall -

(A) specify the intelligence required to meet the national

security interests of the United States, and set forth an order

of priority for the collection and analysis of intelligence

required to meet such interests, for the fiscal year beginning in

the year in which the report is submitted; and

(B) evaluate the performance of the intelligence community in

collecting and analyzing intelligence required to meet such

interests during the fiscal year ending in the year preceding the

year in which the report is submitted, including a description of

the significant successes and significant failures of the

intelligence community in such collection and analysis during

that fiscal year.

(2) The report shall specify matters under paragraph (1)(A) in

sufficient detail to assist Congress in making decisions with

respect to the allocation of resources for the matters specified.

(c) "Appropriate congressional committees" defined

In this section, the term "appropriate congressional committees"

means the following:

(1) The Committee on Appropriations and the Committee on Armed

Services of the Senate.

(2) The Committee on Appropriations and the Committee on Armed

Services of the House of Representatives.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 109, as added Pub. L.

103-178, title III, Sec. 304(a), Dec. 3, 1993, 107 Stat. 2034;

amended Pub. L. 104-293, title VIII, Sec. 803(a), (b)(1), Oct. 11,

1996, 110 Stat. 3475, 3476; Pub. L. 106-65, div. A, title X, Sec.

1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107-306, title VIII,

Sec. 811(b)(1)(B), Nov. 27, 2002, 116 Stat. 2422.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-306, Sec. 811(b)(1)(B)(i),

added par. (1) and struck out former par. (1), which directed the

President to submit to the appropriate congressional committees a

report on the requirements of the United States for intelligence

and the activities of the intelligence community not later than

Jan. 31 each year.

Subsec. (c). Pub. L. 107-306, Sec. 811(b)(1)(B)(iii), struck out

the subsec. (c) enacted by Pub. L. 103-178, which provided that the

report under this section for any year should be submitted at the

same time that the President submits the budget for the next fiscal

year pursuant to section 1105 of title 31.

Subsec. (c)(1). Pub. L. 107-306, Sec. 811(b)(1)(B)(ii)(I),

substituted "The Committee on Appropriations" for "The Select

Committee on Intelligence, the Committee on Appropriations,".

Subsec. (c)(2). Pub. L. 107-306, Sec. 811(b)(1)(B)(ii)(II),

substituted "The Committee on Appropriations" for "The Permanent

Select Committee on Intelligence, the Committee on

Appropriations,".

1999 - Subsec. (c)(2). Pub. L. 106-65 substituted "Committee on

Armed Services" for "Committee on National Security".

1996 - Pub. L. 104-293, Sec. 803(b)(1), substituted

"intelligence" for "intelligence community activities" in section

catchline.

Subsecs. (a), (b). Pub. L. 104-293, Sec. 803(a), added subsecs.

(a) and (b) and struck out former subsecs. (a) and (b), which read

as follows:

"(a) In General. - The Director of Central Intelligence shall

submit to Congress an annual report on the activities of the

intelligence community. The annual report under this section shall

be unclassified.

"(b) Matters To Be Covered In Annual Report. - Each report under

this section shall describe -

"(1) the activities of the intelligence community during the

preceding fiscal year, including significant successes and

failures that can be described in an unclassified manner; and

"(2) the areas of the world and the issues that the Director

expects will require increased or unusual attention from the

intelligence community during the next fiscal year."

Subsec. (c). Pub. L. 104-293, Sec. 803(a), added subsec. (c)

providing definition.

-EXEC-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Aug. 5, 1997, 62

F.R. 51367, provided:

Memorandum for Director of Central Intelligence

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including section 301 of

title 3 of the United States Code, I hereby delegate the functions

conferred upon the President by section 803(a) of the Intelligence

Authorization Act for Fiscal Year 1997, 50 U.S.C. section 404d, to

the Director of Central Intelligence.

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-End-

-CITE-

50 USC Sec. 404d-1 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404d-1. Transferred

-COD-

CODIFICATION

Section 404d-1 of this title, act July 26, 1947, ch. 343, title

I, Sec. 110, as added Oct. 11, 1996, Pub. L. 104-293, title III,

Sec. 308(a), 110 Stat. 3466, which related to restrictions on

intelligence sharing with United Nations, was renumbered section

112 of act July 26, 1947, by Pub. L. 105-107, title III, Sec.

303(b), Nov. 20, 1997, 111 Stat. 2252, and was transferred to

section 404g of this title.

-End-

-CITE-

50 USC Sec. 404e 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404e. National mission of National Imagery and Mapping Agency

-STATUTE-

(a) In general

In addition to the Department of Defense missions set forth in

section 442 of title 10, the National Imagery and Mapping Agency

shall support the imagery requirements of the Department of State

and other departments and agencies of the United States outside the

Department of Defense.

(b) Requirements and priorities

The Director of Central Intelligence shall establish requirements

and priorities governing the collection of national intelligence by

the National Imagery and Mapping Agency under subsection (a) of

this section.

(c) Correction of deficiencies

The Director of Central Intelligence shall develop and implement

such programs and policies as the Director and the Secretary of

Defense jointly determine necessary to review and correct

deficiencies identified in the capabilities of the National Imagery

and Mapping Agency to accomplish assigned national missions,

including support to the all-source analysis and production

process. The Director shall consult with the Secretary of Defense

on the development and implementation of such programs and

policies. The Secretary shall obtain the advice of the Chairman of

the Joint Chiefs of Staff regarding the matters on which the

Director and the Secretary are to consult under the preceding

sentence.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 110, formerly Sec. 120, as

added Pub. L. 104-201, div. A, title XI, Sec. 1114(b), Sept. 23,

1996, 110 Stat. 2685; renumbered Sec. 110, Pub. L. 105-107, title

III, Sec. 303(b), Nov. 20, 1997, 111 Stat. 2252.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 442.

-End-

-CITE-

50 USC Sec. 404f 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404f. Collection tasking authority

-STATUTE-

Unless otherwise directed by the President, the Director of

Central Intelligence shall have authority (except as otherwise

agreed by the Director and the Secretary of Defense) to -

(1) approve collection requirements levied on national imagery

collection assets;

(2) determine priorities for such requirements; and

(3) resolve conflicts in such priorities.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 111, formerly Sec. 121, as

added Pub. L. 104-201, div. A, title XI, Sec. 1114(c), Sept. 23,

1996, 110 Stat. 2685; renumbered Sec. 111, Pub. L. 105-107, title

III, Sec. 303(b), Nov. 20, 1997, 111 Stat. 2252.)

-End-

-CITE-

50 USC Sec. 404g 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404g. Restrictions on intelligence sharing with United Nations

-STATUTE-

(a) Provision of intelligence information to United Nations

(1) No United States intelligence information may be provided to

the United Nations or any organization affiliated with the United

Nations, or to any officials or employees thereof, unless the

President certifies to the appropriate committees of Congress that

the Director of Central Intelligence, in consultation with the

Secretary of State and the Secretary of Defense, has established

and implemented procedures, and has worked with the United Nations

to ensure implementation of procedures, for protecting from

unauthorized disclosure United States intelligence sources and

methods connected to such information.

(2) Paragraph (1) may be waived upon written certification by the

President to the appropriate committees of Congress that providing

such information to the United Nations or an organization

affiliated with the United Nations, or to any officials or

employees thereof, is in the national security interests of the

United States.

(b) Periodic and special reports

(1) The President shall report semiannually to the appropriate

committees of Congress on the types and volume of intelligence

provided to the United Nations and the purposes for which it was

provided during the period covered by the report. The President

shall also report to the appropriate committees of Congress within

15 days after it has become known to the United States Government

that there has been an unauthorized disclosure of intelligence

provided by the United States to the United Nations.

(2) The requirement for periodic reports under the first sentence

of paragraph (1) shall not apply to the provision of intelligence

that is provided only to, and for the use of, appropriately cleared

United States Government personnel serving with the United Nations.

(3) In the case of periodic reports required to be submitted

under the first sentence of paragraph (1) to the congressional

intelligence committees, the submittal dates for such reports shall

be as provided in section 415b of this title.

(c) Delegation of duties

The President may not delegate or assign the duties of the

President under this section.

(d) Relationship to existing law

Nothing in this section shall be construed to -

(1) impair or otherwise affect the authority of the Director of

Central Intelligence to protect intelligence sources and methods

from unauthorized disclosure pursuant to section 403-3(c)(6) (!1)

of this title; or

(2) supersede or otherwise affect the provisions of subchapter

III of this chapter.

(e) "Appropriate committees of Congress" defined

As used in this section, the term "appropriate committees of

Congress" means the Committee on Foreign Relations and the Select

Committee on Intelligence of the Senate and the Committee on

Foreign Relations and the Permanent Select Committee on

Intelligence of the House of Representatives.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 112, formerly Sec. 110, as

added Pub. L. 104-293, title III, Sec. 308(a), Oct. 11, 1996, 110

Stat. 3466; renumbered Sec. 112, Pub. L. 105-107, title III, Sec.

303(b), Nov. 20, 1997, 111 Stat. 2252; amended Pub. L. 107-306,

title VIII, Sec. 811(b)(1)(C), Nov. 27, 2002, 116 Stat. 2422.)

-REFTEXT-

REFERENCES IN TEXT

Section 403-3(c)(6) of this title, referred to in subsec. (d)(1),

was redesignated section 403-3(c)(7) of this title, and a new

section 403-3(c)(6) of this title was added, by Pub. L. 107-56,

title IX, Sec. 901, Oct. 28, 2001, 115 Stat. 387.

-COD-

CODIFICATION

Section was formerly classified to section 404d-1 of this title

prior to renumbering by Pub. L. 105-107.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-306 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 404h 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404h. Detail of intelligence community personnel -

Intelligence Community Assignment Program

-STATUTE-

(a) Detail

(1) Notwithstanding any other provision of law, the head of a

department with an element in the intelligence community or the

head of an intelligence community agency or element may detail any

employee within that department, agency, or element to serve in any

position in the Intelligence Community Assignment Program on a

reimbursable or a nonreimbursable basis.

(2) Nonreimbursable details may be for such periods as are agreed

to between the heads of the parent and host agencies, up to a

maximum of three years, except that such details may be extended

for a period not to exceed one year when the heads of the parent

and host agencies determine that such extension is in the public

interest.

(b) Benefits, allowances, travel, incentives

(1) An employee detailed under subsection (a) of this section may

be authorized any benefit, allowance, travel, or incentive

otherwise provided to enhance staffing by the organization from

which the employee is detailed.

(2) The head of an agency of an employee detailed under

subsection (a) of this section may pay a lodging allowance for the

employee subject to the following conditions:

(A) The allowance shall be the lesser of the cost of the

lodging or a maximum amount payable for the lodging as

established jointly by the Director of Central Intelligence and -

(i) with respect to detailed employees of the Department of

Defense, the Secretary of Defense; and

(ii) with respect to detailed employees of other agencies and

departments, the head of such agency or department.

(B) The detailed employee maintains a primary residence for the

employee's immediate family in the local commuting area of the

parent agency duty station from which the employee regularly

commuted to such duty station before the detail.

(C) The lodging is within a reasonable proximity of the host

agency duty station.

(D) The distance between the detailed employee's parent agency

duty station and the host agency duty station is greater than 20

miles.

(E) The distance between the detailed employee's primary

residence and the host agency duty station is 10 miles greater

than the distance between such primary residence and the

employees parent duty station.

(F) The rate of pay applicable to the detailed employee does

not exceed the rate of basic pay for grade GS-15 of the General

Schedule.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 113, as added Pub. L.

105-107, title III, Sec. 303(a), Nov. 20, 1997, 111 Stat. 2251;

amended Pub. L. 107-108, title III, Sec. 304, Dec. 28, 2001, 115

Stat. 1398; Pub. L. 107-306, title VIII, Sec. 841(a), Nov. 27,

2002, 116 Stat. 2431.)

-REFTEXT-

REFERENCES IN TEXT

GS-15 of the General Schedule, referred to in subsec. (b)(2)(F),

is set out under section 5332 of Title 5, Government Organization

and Employees.

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-306 struck out heading and text

of subsec. (c). Text read as follows: "Not later than March 1,

1999, and annually thereafter, the Director of Central Intelligence

shall submit to the Permanent Select Committee on Intelligence of

the House of Representatives and the Select Committee on

Intelligence of the Senate a report describing the detail of

intelligence community personnel pursuant to subsection (a) of this

section during the 12-month period ending on the date of the

report. The report shall set forth the number of personnel

detailed, the identity of parent and host agencies or elements, and

an analysis of the benefits of the details."

2001 - Subsec. (b). Pub. L. 107-108 designated existing

provisions as par. (1) and added par. (2).

EFFECTIVE DATE

Pub. L. 105-107, title III, Sec. 303(d), Nov. 20, 1997, 111 Stat.

2252, provided that: "The amendment made by subsection (a)

[enacting this section] shall apply to an employee on detail on or

after January 1, 1997."

-End-

-CITE-

50 USC Sec. 404i 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404i. Additional annual reports from the Director of Central

Intelligence

-STATUTE-

(a) Report on intelligence community cooperation with Federal law

enforcement agencies

(1) Not later than December 31 of each year, the Director of

Central Intelligence shall submit to the congressional leadership a

report describing the nature and extent of cooperation and

assistance provided by the intelligence community to Federal law

enforcement agencies with respect to efforts to stop the illegal

importation into the United States of controlled substances (as

that term is defined in section 102(6) of the Controlled Substances

Act (21 U.S.C. 802(6)) that are included in schedule I or II under

part B of such Act [21 U.S.C. 811 et seq.].

(2) Not later each year than the date provided in section 415b of

this title, the Director shall submit to the congressional

intelligence committees the report required to be submitted under

paragraph (1) during the preceding year.

(3) Each such report shall include a discussion of the following:

(A) Illegal importation of such controlled substances through

transit zones such as the Caribbean Sea and across the Southwest

and northern borders of the United States.

(B) Methodologies used for such illegal importation.

(C) Additional routes used for such illegal importation.

(D) Quantities of such controlled substances transported

through each route.

(4) Each such report may be prepared in classified form,

unclassified form, or unclassified form with a classified annex.

(b) Annual report on the safety and security of Russian nuclear

facilities and nuclear military forces

(1) The Director of Central Intelligence shall submit to the

congressional leadership on an annual basis, and to the

congressional intelligence committees on the date each year

provided in section 415b of this title, an intelligence report

assessing the safety and security of the nuclear facilities and

nuclear military forces in Russia.

(2) Each such report shall include a discussion of the following:

(A) The ability of the Government of Russia to maintain its

nuclear military forces.

(B) The security arrangements at civilian and military nuclear

facilities in Russia.

(C) The reliability of controls and safety systems at civilian

nuclear facilities in Russia.

(D) The reliability of command and control systems and

procedures of the nuclear military forces in Russia.

(3) Each such report shall be submitted in unclassified form, but

may contain a classified annex.

(c) Annual report on hiring and retention of minority employees

(1) The Director of Central Intelligence shall, on an annual

basis, submit to Congress a report on the employment of covered

persons within each element of the intelligence community for the

preceding fiscal year.

(2) Each such report shall include disaggregated data by category

of covered person from each element of the intelligence community

on the following:

(A) Of all individuals employed in the element during the

fiscal year involved, the aggregate percentage of such

individuals who are covered persons.

(B) Of all individuals employed in the element during the

fiscal year involved at the levels referred to in clauses (i) and

(ii), the percentage of covered persons employed at such levels:

(i) Positions at levels 1 through 15 of the General Schedule.

(ii) Positions at levels above GS-15.

(C) Of all individuals hired by the element involved during the

fiscal year involved, the percentage of such individuals who are

covered persons.

(3) Each such report shall be submitted in unclassified form, but

may contain a classified annex.

(4) Nothing in this subsection shall be construed as providing

for the substitution of any similar report required under another

provision of law.

(5) In this subsection, the term "covered persons" means -

(A) racial and ethnic minorities;

(B) women; and

(C) individuals with disabilities.

(d) Annual report on threat of attack on the United States using

weapons of mass destruction

(1) Not later each year than the date provided in section 415b of

this title, the Director shall submit to the congressional

committees specified in paragraph (3) a report assessing the

following:

(A) The current threat of attack on the United States using

ballistic missiles or cruise missiles.

(B) The current threat of attack on the United States using a

chemical, biological, or nuclear weapon delivered by a system

other than a ballistic missile or cruise missile.

(2) Each report under paragraph (1) shall be a national

intelligence estimate, or have the formality of a national

intelligence estimate.

(3) The congressional committees referred to in paragraph (1) are

the following:

(A) The congressional intelligence committees.

(B) The Committees on Foreign Relations and Armed Services of

the Senate.

(C) The Committees on International Relations and Armed

Services of the House of Representatives.

(e) Annual report on covert leases

(1) Not later each year than the date provided in section 415b of

this title, the Director shall submit to the congressional

intelligence committees a report on each covert lease of an element

of the intelligence community that is in force as of the end of the

preceding year.

(2) Each report under paragraph (1) shall include the following:

(A) A list of each lease described by that paragraph.

(B) For each lease -

(i) the cost of such lease;

(ii) the duration of such lease;

(iii) the purpose of such lease; and

(iv) the directorate or office that controls such lease.

(f) Congressional leadership defined

In this section, the term "congressional leadership" means the

Speaker and the minority leader of the House of Representatives and

the majority leader and the minority leader of the Senate.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 114, as added Pub. L.

105-272, title III, Sec. 307(a), Oct. 20, 1998, 112 Stat. 2401;

amended Pub. L. 107-306, title III, Secs. 324, 353(b)(6), title

VIII, Secs. 811(b)(1)(D), 821, 822, Nov. 27, 2002, 116 Stat. 2393,

2402, 2422, 2426, 2427.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (a)(1), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended. Part B of the Act is classified generally to part B (Sec.

811 et seq.) of subchapter I of chapter 13 of Title 21, Food and

Drugs. Schedules I and II are set out in section 812(c) of Title

21. For complete classification of this Act to the Code, see Short

Title note set out under section 801 of Title 21 and Tables.

The General Schedule, referred to in subsec. (c)(2)(B), is set

out under section 5332 of Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-306, Sec. 811(b)(1)(D)(i)(I),

struck out "the congressional intelligence committees and" before

"the congressional leadership".

Subsec. (a)(2) to (4). Pub. L. 107-306, Sec. 811(b)(1)(D)(i)(II),

(III), added par. (2) and redesignated former pars. (2) and (3) as

(3) and (4), respectively.

Subsec. (b)(1). Pub. L. 107-306, Sec. 811(b)(1)(D)(ii),

substituted "submit to the congressional leadership on an annual

basis, and to the congressional intelligence committees on the date

each year provided in section 415b of this title," for ", on an

annual basis, submit to the congressional intelligence committees

and the congressional leadership".

Subsec. (c). Pub. L. 107-306, Sec. 324(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 107-306, Sec. 821(2), added subsec. (d).

Former subsec. (d) redesignated (e).

Pub. L. 107-306, Sec. 353(b)(6), added subsec. (d) and struck out

heading and text of former subsec. (d). Text read as follows: "In

this section:

"(1) The term 'congressional intelligence committees' means the

Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate.

"(2) The term 'congressional leadership' means the Speaker and

the minority leader of the House of Representatives and the

majority leader and the minority leader of the Senate."

Pub. L. 107-306, Sec. 324(1), redesignated subsec. (c) as (d).

Subsec (e). Pub. L. 107-306, Sec. 822(2), added subsec. (e).

Former subsec. (e) redesignated (f).

Pub. L. 107-306, Sec. 821(1), redesignated subsec. (d) as (e).

Subsec. (f). Pub. L. 107-306, Sec. 822(1), redesignated subsec.

(e) as (f).

DATE FOR FIRST REPORT ON COOPERATION WITH CIVILIAN LAW ENFORCEMENT

AGENCIES

Pub. L. 105-272, title III, Sec. 307(c), Oct. 20, 1998, 112 Stat.

2402, provided that: "The first report under section 114(a) of the

National Security Act of 1947 [50 U.S.C. 404i(a)], as added by

subsection (a), shall be submitted not later than December 31,

1999."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-End-

-CITE-

50 USC Sec. 404i-1 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404i-1. Annual report on improvement of financial statements

for auditing purposes

-STATUTE-

Not later each year than the date provided in section 415b of

this title, the Director of Central Intelligence, the Director of

the National Security Agency, the Director of the Defense

Intelligence Agency, and the Director of the National Imagery and

Mapping Agency shall each submit to the congressional intelligence

committees a report describing the activities being undertaken by

such official to ensure that the financial statements of such

agency can be audited in accordance with applicable law and

requirements of the Office of Management and Budget.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 114A, as added Pub. L.

107-306, title VIII, Sec. 823(a), Nov. 27, 2002, 116 Stat. 2427.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-End-

-CITE-

50 USC Sec. 404j 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404j. Limitation on establishment or operation of diplomatic

intelligence support centers

-STATUTE-

(a) In general

(1) A diplomatic intelligence support center may not be

established, operated, or maintained without the prior approval of

the Director of Central Intelligence.

(2) The Director may only approve the establishment, operation,

or maintenance of a diplomatic intelligence support center if the

Director determines that the establishment, operation, or

maintenance of such center is required to provide necessary

intelligence support in furtherance of the national security

interests of the United States.

(b) Prohibition of use of appropriations

Amounts appropriated pursuant to authorizations by law for

intelligence and intelligence-related activities may not be

obligated or expended for the establishment, operation, or

maintenance of a diplomatic intelligence support center that is not

approved by the Director of Central Intelligence.

(c) Definitions

In this section:

(1) The term "diplomatic intelligence support center" means an

entity to which employees of the various elements of the

intelligence community (as defined in section 401a(4) of this

title) are detailed for the purpose of providing analytical

intelligence support that -

(A) consists of intelligence analyses on military or

political matters and expertise to conduct limited assessments

and dynamic taskings for a chief of mission; and

(B) is not intelligence support traditionally provided to a

chief of mission by the Director of Central Intelligence.

(2) The term "chief of mission" has the meaning given that term

by section 3902(3) of title 22, and includes ambassadors at large

and ministers of diplomatic missions of the United States, or

persons appointed to lead United States offices abroad designated

by the Secretary of State as diplomatic in nature.

(d) Termination

This section shall cease to be effective on October 1, 2000.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 115, as added Pub. L.

106-120, title III, Sec. 303(a), Dec. 3, 1999, 113 Stat. 1610.)

-End-

-CITE-

50 USC Sec. 404k 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404k. Travel on any common carrier for certain intelligence

collection personnel

-STATUTE-

(a) In general

Notwithstanding any other provision of law, the Director of

Central Intelligence may authorize travel on any common carrier

when such travel, in the discretion of the Director -

(1) is consistent with intelligence community mission

requirements, or

(2) is required for cover purposes, operational needs, or other

exceptional circumstances necessary for the successful

performance of an intelligence community mission.

(b) Authorized delegation of duty

The Director may only delegate the authority granted by this

section 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.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 116, as added Pub. L.

106-567, title III, Sec. 305(a), Dec. 27, 2000, 114 Stat. 2838.)

-End-

-CITE-

50 USC Sec. 404l 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404l. POW/MIA analytic capability

-STATUTE-

(a) Requirement

(1) The Director of Central Intelligence shall, in consultation

with the Secretary of Defense, establish and maintain in the

intelligence community an analytic capability with responsibility

for intelligence in support of the activities of the United States

relating to individuals who, after December 31, 1990, are

unaccounted for United States personnel.

(2) The analytic capability maintained under paragraph (1) shall

be known as the "POW/MIA analytic capability of the intelligence

community".

(b) Unaccounted for United States personnel

In this section, the term "unaccounted for United States

personnel" means the following:

(1) Any missing person (as that term is defined in section

1513(1) of title 10).

(2) Any United States national who was killed while engaged in

activities on behalf of the United States and whose remains have

not been repatriated to the United States.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 117, as added Pub. L.

106-567, title III, Sec. 307(a), Dec. 27, 2000, 114 Stat. 2839.)

-End-

-CITE-

50 USC Sec. 404m 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404m. Semiannual report on financial intelligence on terrorist

assets

-STATUTE-

(a) Semiannual report

On a semiannual basis, the Secretary of the Treasury (acting

through the head of the Office of Intelligence Support) shall

submit a report to the appropriate congressional committees that

fully informs the committees concerning operations against

terrorist financial networks. Each such report shall include with

respect to the preceding six-month period -

(1) the total number of asset seizures, designations, and other

actions against individuals or entities found to have engaged in

financial support of terrorism;

(2) the total number of applications for asset seizure and

designations of individuals or entities suspected of having

engaged in financial support of terrorist activities that were

granted, modified, or denied;

(3) the total number of physical searches of offices,

residences, or financial records of individuals or entities

suspected of having engaged in financial support for terrorist

activity; and

(4) whether the financial intelligence information seized in

these cases has been shared on a full and timely basis with the

all departments, agencies, and other entities of the United

States Government involved in intelligence activities

participating in the Foreign Terrorist Asset Tracking Center.

(b) Immediate notification for emergency designation

In the case of a designation of an individual or entity, or the

assets of an individual or entity, as having been found to have

engaged in terrorist activities, the Secretary of the Treasury

shall report such designation within 24 hours of such a designation

to the appropriate congressional committees.

(c) Submittal date of reports to congressional intelligence

committees

In the case of the reports required to be submitted under

subsection (a) of this section to the congressional intelligence

committees, the submittal dates for such reports shall be as

provided in section 415b of this title.

(d) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees"

means the following:

(1) The Permanent Select Committee on Intelligence, the

Committee on Appropriations, and the Committee on Financial

Services of the House of Representatives.

(2) The Select Committee on Intelligence, the Committee on

Appropriations, and the Committee on Banking, Housing, and Urban

Affairs of the Senate.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 118, as added Pub. L.

107-306, title III, Sec. 342(a)(1), Nov. 27, 2002, 116 Stat. 2398.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-End-

-CITE-

50 USC Sec. 404n 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404n. National Virtual Translation Center

-STATUTE-

(a) Establishment

The Director of Central Intelligence, acting as the head of the

intelligence community, shall establish in the intelligence

community an element with the function of connecting the elements

of the intelligence community engaged in the acquisition, storage,

translation, or analysis of voice or data in digital form.

(b) Designation

The element established under subsection (a) of this section

shall be known as the National Virtual Translation Center.

(c) Administrative matters

(1) The Director shall retain direct supervision and control over

the element established under subsection (a) of this section.

(2) The element established under subsection (a) of this section

shall connect elements of the intelligence community utilizing the

most current available information technology that is applicable to

the function of the element.

(d) Deadline for establishment

The element required by subsection (a) of this section shall be

established as soon as practicable after November 27, 2002, but not

later than 90 days after November 27, 2002.

-SOURCE-

(Pub. L. 107-306, title III, Sec. 313, Nov. 27, 2002, 116 Stat.

2391.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 2003, and not as part of the National Security Act

of 1947 which comprises this chapter.

-End-

-CITE-

50 USC Sec. 404n-1 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404n-1. Foreign Terrorist Asset Tracking Center

-STATUTE-

(a) Establishment

The Director of Central Intelligence, acting as the head of the

intelligence community, shall establish in the Central Intelligence

Agency an element responsible for conducting all-source

intelligence analysis of information relating to the financial

capabilities, practices, and activities of individuals, groups, and

nations associated with international terrorism in their activities

relating to international terrorism.

(b) Designation

The element established under subsection (a) of this section

shall be known as the Foreign Terrorist Asset Tracking Center.

(c) Deadline for establishment

The element required by subsection (a) of this section shall be

established as soon as practicable after November 27, 2002, but not

later than 90 days after November 27, 2002.

-SOURCE-

(Pub. L. 107-306, title III, Sec. 341, Nov. 27, 2002, 116 Stat.

2398.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 2003, and not as part of the National Security Act

of 1947 which comprises this chapter.

-End-

-CITE-

50 USC Sec. 404n-2 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404n-2. Terrorist Identification Classification System

-STATUTE-

(a) Requirement

(1) The Director of Central Intelligence, acting as head of the

Intelligence Community, shall -

(A) establish and maintain a list of individuals who are known

or suspected international terrorists, and of organizations that

are known or suspected international terrorist organizations; and

(B) ensure that pertinent information on the list is shared

with the departments, agencies, and organizations described by

subsection (c) of this section.

(2) The list under paragraph (1), and the mechanisms for sharing

information on the list, shall be known as the "Terrorist

Identification Classification System".

(b) Administration

(1) The Director shall prescribe requirements for the inclusion

of an individual or organization on the list required by subsection

(a) of this section, and for the deletion or omission from the list

of an individual or organization currently on the list.

(2) The Director shall ensure that the information utilized to

determine the inclusion, or deletion or omission, of an individual

or organization on or from the list is derived from all-source

intelligence.

(3) The Director shall ensure that the list is maintained in

accordance with existing law and regulations governing the

collection, storage, and dissemination of intelligence concerning

United States persons.

(c) Information sharing

Subject to section 403-3(c)(6) (!1) of this title, relating to

the protection of intelligence sources and methods, the Director

shall provide for the sharing of the list, and information on the

list, with such departments and agencies of the Federal Government,

State and local government agencies, and entities of foreign

governments and international organizations as the Director

considers appropriate.

(d) Reporting and certification

(1) The Director shall review on an annual basis the information

provided by various departments and agencies for purposes of the

list under subsection (a) of this section in order to determine

whether or not the information so provided is derived from the

widest possible range of intelligence available to such departments

and agencies.

(2) The Director shall, as a result of each review under

paragraph (1), certify whether or not the elements of the

intelligence community responsible for the collection of

intelligence related to the list have provided information for

purposes of the list that is derived from the widest possible range

of intelligence available to such department and agencies.

(e) Report on criteria for information sharing

(1) Not later then March 1, 2003, the Director shall submit to

the congressional intelligence committees a report describing the

criteria used to determine which types of information on the list

required by subsection (a) of this section are to be shared, and

which types of information are not to be shared, with various

departments and agencies of the Federal Government, State and local

government agencies, and entities of foreign governments and

international organizations.

(2) The report shall include a description of the circumstances

in which the Director has determined that sharing information on

the list with the departments and agencies of the Federal

Government, and of State and local governments, described by

subsection (c) of this section would be inappropriate due to the

concerns addressed by section 403-3(c)(6) (!1) of this title,

relating to the protection of sources and methods, and any instance

in which the sharing of information on the list has been

inappropriate in light of such concerns.

(f) System administration requirements

(1) The Director shall, to the maximum extent practicable, ensure

the interoperability of the Terrorist Identification Classification

System with relevant information systems of the departments and

agencies of the Federal Government, and of State and local

governments, described by subsection (c) of this section.

(2) The Director shall ensure that the System utilizes

technologies that are effective in aiding the identification of

individuals in the field.

(g) Report on status of System

(1) Not later than one year after November 27, 2002, the Director

shall, in consultation with the Director of Homeland Security,

submit to the congressional intelligence committees a report on the

status of the Terrorist Identification Classification System. The

report shall contain a certification on the following:

(A) Whether the System contains the intelligence information

necessary to facilitate the contribution of the System to the

domestic security of the United States.

(B) Whether the departments and agencies having access to the

System have access in a manner that permits such departments and

agencies to carry out appropriately their domestic security

responsibilities.

(C) Whether the System is operating in a manner that maximizes

its contribution to the domestic security of the United States.

(D) If a certification under subparagraph (A), (B), or (C) is

in the negative, the modifications or enhancements of the System

necessary to ensure a future certification in the positive.

(2) The report shall be submitted in unclassified form, but may

include a classified annex.

(h) 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.

-SOURCE-

(Pub. L. 107-306, title III, Sec. 343, Nov. 27, 2002, 116 Stat.

2399.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 2003, and not as part of the National Security Act

of 1947 which comprises this chapter.

-FOOTNOTE-

(!1) So in original. Probably should be section "403-3(c)(7)".

-End-

-CITE-

50 USC Sec. 404n-3 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 404n-3. Annual report on foreign companies involved in the

proliferation of weapons of mass destruction that raise funds in

the United States capital markets

-STATUTE-

(a) Annual report required

The Director of Central Intelligence shall submit to the

appropriate committees of Congress on an annual basis a report

setting forth each foreign company described in subsection (b) of

this section that raised or attempted to raise funds in the United

States capital markets during the preceding year.

(b) Covered foreign companies

A foreign company described in this subsection is any foreign

company determined by the Director to be engaged or involved in the

proliferation of weapons of mass destruction (including nuclear,

biological, or chemical weapons) or the means to deliver such

weapons.

(c) Submittal date

The date each year for the submittal of the report required by

subsection (a) of this section shall be the date provided in

section 415b of this title.

(d) Form of reports

Each report under subsection (a) of this section shall be

submitted in unclassified form, but may include a classified annex.

(e) Appropriate committees of Congress defined

In this section, the term "appropriate committees of Congress"

means -

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

Permanent Select Committee on Intelligence of the House of

Representatives;

(2) the Committees on Armed Services, Banking, Housing, and

Urban Affairs, Governmental Affairs, and Foreign Relations of the

Senate; and

(3) the Committees on Armed Services, Financial Services,

Government Reform, and International Relations of the House of

Representatives.

-SOURCE-

(Pub. L. 107-306, title VIII, Sec. 827, Nov. 27, 2002, 116 Stat.

2430.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 2003, and not as part of the National Security Act

of 1947 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-End-

-CITE-

50 USC SUBCHAPTER II - MISCELLANEOUS AND CONFORMING

PROVISIONS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-End-

-CITE-

50 USC Sec. 405 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 405. Advisory committees; appointment; compensation of

part-time personnel; applicability of other laws

-STATUTE-

(a) The Director of the Federal Emergency Management Agency, the

Director of Central Intelligence, and the National Security

Council, acting through its Executive Secretary, are authorized to

appoint such advisory committees and to employ, consistent with

other provisions of this Act, such part-time advisory personnel as

they may deem necessary in carrying out their respective functions

and the functions of agencies under their control. Persons holding

other offices or positions under the United States for which they

receive compensation, while serving as members of such committees,

shall receive no additional compensation for such service. Retired

members of the uniformed services employed by the Director of

Central Intelligence who hold no other office or position under the

United States for which they receive compensation, other members of

such committees and other part-time advisory personnel so employed

may serve without compensation or may receive compensation at a

daily rate not to exceed the daily equivalent of the rate of pay in

effect for grade GS-18 of the General Schedule established by

section 5332 of title 5, as determined by the appointing authority.

(b) Service of an individual as a member of any such advisory

committee, or in any other part-time capacity for a department or

agency hereunder, shall not be considered as service bringing such

individual within the provisions of section 203, 205, or 207 of

title 18, unless the act of such individual, which by such section

is made unlawful when performed by an individual referred to in

such section, is with respect to any particular matter which

directly involves a department or agency which such person is

advising or in which such department or agency is directly

interested.

-SOURCE-

(July 26, 1947, ch. 343, title III, Sec. 303, 61 Stat. 507; Aug.

10, 1949, ch. 412, Sec. 10(c), 63 Stat. 585; Sept. 3, 1954, ch.

1263, Sec. 8, 68 Stat. 1228; Aug. 10, 1956, ch. 1041, Sec. 53(b),

68A Stat. 676, 684; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1,

1958, 23 F.R. 4991, 72 Stat. 1799; Pub. L. 90-608, ch. IV, Sec.

402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff.

June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, Secs. 1-103,

4-102, July 20, 1979, 44 F.R. 43239; Pub. L. 97-89, title V, Sec.

504, Dec. 4, 1981, 95 Stat. 1153; Pub. L. 100-453, title V, Sec.

503, Sept. 29, 1988, 102 Stat. 1910.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), means act July 26, 1947,

ch. 343, 61 Stat. 495, as amended, known as the National Security

Act of 1947. For complete classification of this Act to the Code,

see Short Title note set out under section 401 of this title and

Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-453 substituted "Retired members

of the uniformed services employed by the Director of Central

Intelligence who hold no other office or position under the United

States for which they receive compensation, other" for "Other" in

last sentence.

1981 - Subsec. (a). Pub. L. 97-89, Sec. 504(a), substituted "at a

daily rate not to exceed the daily equivalent of the rate of pay in

effect for grade GS-18 of the General Schedule established by

section 5332 of title 5" for "at a rate not to exceed $50 for each

day of service".

Subsec. (b). Pub. L. 97-89, Sec. 504(b), substituted "section

203, 205, or 207 of title 18" for "section 281, 283, or 284 of

title 18".

1956 - Subsec. (a). Act Aug. 10, 1956, struck out "Secretary of

Defense, the" after "The".

1954 - Act Sept. 3, 1954, amended section generally, substituting

the "Director of the Office of Defense Mobilization" for "Chairman

of the National Security Resources Board" in subsec. (a), and

substituting "sections 281, 283, or 284 of title 18" for "sections

198 or 203 of title 18 or section 119(e) of title 41".

1949 - Subsec. (a). Act Aug. 10, 1949, inserted reference to

National Security Council, and increased per diem payable to

consultants from $35 to $50.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section

806 of Pub. L. 97-89, set out as an Effective Date note under

section 1621 of Title 10, Armed Forces.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

"Director of the Federal Emergency Management Agency" substituted

in subsec. (a) for "Director of the Office of Defense

Mobilization". See note set out under section 404 of this title.

National Security Council transferred to Executive Office of

President by Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R.

5227, 63 Stat. 1067. See note set out under section 402 of this

title.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 403f of this title.

-End-

-CITE-

50 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 406. Omitted

-COD-

CODIFICATION

Section, act June 24, 1948, ch. 632, 62 Stat. 648, which related

to authority of former Chairman of National Security Resources

Board to appoint advisory committee members and part-time advisory

personnel at rates up to $50 per day, has been superseded by

section 405(a) of this title.

-End-

-CITE-

50 USC Sec. 407 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 407. Study or plan of surrender; use of appropriations

-STATUTE-

No part of the funds appropriated in any act shall be used to pay

(1) any person, firm, or corporation, or any combinations of

persons, firms, or corporations, to conduct a study or to plan when

and how or in what circumstances the Government of the United

States should surrender this country and its people to any foreign

power, (2) the salary or compensation of any employee or official

of the Government of the United States who proposes or contracts or

who has entered into contracts for the making of studies or plans

for the surrender by the Government of the United States of this

country and its people to any foreign power in any event or under

any circumstances.

-SOURCE-

(Pub. L. 85-766, ch. XVI, Sec. 1602, Aug. 27, 1958, 72 Stat. 884.)

-COD-

CODIFICATION

Section was enacted as part of the Supplemental Appropriation

Act, 1959, and not as part of the National Security Act of 1947

which comprises this chapter.

-End-

-CITE-

50 USC Sec. 408 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 408. Applicable laws

-STATUTE-

Except to the extent inconsistent with the provisions of this

Act, the provisions of title 4 of the Revised Statutes as now or

hereafter amended shall be applicable to the Department of Defense.

-SOURCE-

(July 26, 1947, ch. 343, title II, Sec. 201(d), as added Aug. 10,

1949, ch. 412, Sec. 4, 63 Stat. 579.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act July 26, 1947, ch. 343,

61 Stat. 495, as amended, known as the National Security Act of

1947. For complete classification of this Act to the Code, see

Short Title note set out under section 401 of this title and

Tables.

Title 4 of the Revised Statutes, referred to in text, was

entitled "Provisions Applicable to All Executive Departments", and

consisted of R.S. Secs. 158 to 198. For provisions of the Code

derived from such title 4, see sections 101, 301, 303, 304, 503,

2952, 3101, 3106, 3341, 3345 to 3349, 5535, and 5536 of Title 5,

Government Organization and Employees; section 207 of Title 18,

Crimes and Criminal Procedure; sections 514 and 520 of Title 28,

Judiciary and Judicial Procedure; section 3321 of Title 31, Money

and Finance.

-COD-

CODIFICATION

Section was formerly classified to section 171-1 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

50 USC Sec. 409 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 409. Definitions of military departments

-STATUTE-

(a) The term "Department of the Army" as used in this Act shall

be construed to mean the Department of the Army at the seat of the

government and all field headquarters, forces, reserve components,

installations, activities, and functions under the control or

supervision of the Department of the Army.

(b) The term "Department of the Navy" as used in this Act shall

be construed to mean the Department of the Navy at the seat of the

government; the headquarters, United States Marine Corps; the

entire operating forces of the United States Navy, including naval

aviation, and of the United States Marine Corps, including the

reserve components of such forces; all field activities,

headquarters, forces, bases, installations, activities, and

functions under the control or supervision of the Department of the

Navy; and the United States Coast Guard when operating as a part of

the Navy pursuant to law.

(c) The term "Department of the Air Force" as used in this Act

shall be construed to mean the Department of the Air Force at the

seat of the government and all field headquarters, forces, reserve

components, installations, activities, and functions under the

control or supervision of the Department of the Air Force.

-SOURCE-

(July 26, 1947, ch. 343, title II, Secs. 205(c), 206(a), 207(c), 61

Stat. 501, 502.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act July 26, 1947, ch. 343,

61 Stat. 495, as amended, known as the National Security Act of

1947. For complete classification of this Act to the Code, see

Short Title note set out under section 401 of this title and

Tables.

-COD-

CODIFICATION

Section was formerly classified to section 171-2 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Prior to the enactment of Title 10, Armed Forces, by act Aug. 10,

1956, subsecs. (a), (b), and (c) of this section were classified to

sections 181-1(c), 411a(a), and 626(c), respectively, of former

Title 5.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

50 USC Sec. 409a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 409a. National Security Agency voluntary separation

-STATUTE-

(a) Short title

This section may be cited as the "National Security Agency

Voluntary Separation Act".

(b) Definitions

For purposes of this section -

(1) the term "Director" means the Director of the National

Security Agency; and

(2) the term "employee" means an employee of the National

Security Agency, serving under an appointment without time

limitation, who has been currently employed by the National

Security Agency for a continuous period of at least 12 months

prior to the effective date of the program established under

subsection (c) of this section, except that such term does not

include -

(A) a reemployed annuitant under subchapter III of chapter 83

or chapter 84 of title 5 or another retirement system for

employees of the Government; or

(B) an employee having a disability on the basis of which

such employee is or would be eligible for disability retirement

under any of the retirement systems referred to in subparagraph

(A).

(c) Establishment of program

Notwithstanding any other provision of law, the Director, in his

sole discretion, may establish a program under which employees may,

after October 1, 2000, be eligible for early retirement, offered

separation pay to separate from service voluntarily, or both.

(d) Early retirement

An employee who -

(1) is at least 50 years of age and has completed 20 years of

service; or

(2) has at least 25 years of service,

may, pursuant to regulations promulgated under this section, apply

and be retired from the National Security Agency and receive

benefits in accordance with chapter 83 or 84 of title 5 if the

employee has not less than 10 years of service with the National

Security Agency.

(e) Amount of separation pay and treatment for other purposes

(1) Amount

Separation pay shall be paid in a lump sum and shall be equal

to the lesser of -

(A) an amount equal to the amount the employee would be

entitled to receive under section 5595(c) of title 5 if the

employee were entitled to payment under such section; or

(B) $25,000.

(2) Treatment

Separation pay shall not -

(A) be a basis for payment, and shall not be included in the

computation, of any other type of Government benefit; and

(B) be taken into account for the purpose of determining the

amount of any severance pay to which an individual may be

entitled under section 5595 of title 5 based on any other

separation.

(f) Reemployment restrictions

An employee who receives separation pay under such program may

not be reemployed by the National Security Agency for the 12-month

period beginning on the effective date of the employee's

separation. An employee who receives separation pay under this

section on the basis of a separation occurring on or after March

30, 1994, and accepts employment with the Government of the United

States within 5 years after the date of the separation on which

payment of the separation pay is based shall be required to repay

the entire amount of the separation pay to the National Security

Agency. If the employment is with an Executive agency (as defined

by section 105 of title 5), the Director of the Office of Personnel

Management may, at the request of the head of the agency, waive the

repayment if the individual involved possesses unique abilities and

is the only qualified applicant available for the position. If the

employment is with an entity in the legislative branch, the head of

the entity or the appointing official may waive the repayment if

the individual involved possesses unique abilities and is the only

qualified applicant available for the position. If the employment

is with the judicial branch, the Director of the Administrative

Office of the United States Courts may waive the repayment if the

individual involved possesses unique abilities and is the only

qualified applicant available for the position.

(g) Bar on certain employment

(1) Bar

An employee may not be separated from service under this

section unless the employee agrees that the employee will not -

(A) act as agent or attorney for, or otherwise represent, any

other person (except the United States) in any formal or

informal appearance before, or, with the intent to influence,

make any oral or written communication on behalf of any other

person (except the United States) to the National Security

Agency; or

(B) participate in any manner in the award, modification, or

extension of any contract for property or services with the

National Security Agency,

during the 12-month period beginning on the effective date of the

employee's separation from service.

(2) Penalty

An employee who violates an agreement under this subsection

shall be liable to the United States in the amount of the

separation pay paid to the employee pursuant to this section

multiplied by the proportion of the 12-month period during which

the employee was in violation of the agreement.

(h) Limitations

Under this program, early retirement and separation pay may be

offered only -

(1) with the prior approval of the Director;

(2) for the period specified by the Director; and

(3) to employees within such occupational groups or geographic

locations, or subject to such other similar limitations or

conditions, as the Director may require.

(i) Regulations

Before an employee may be eligible for early retirement,

separation pay, or both, under this section, the Director shall

prescribe such regulations as may be necessary to carry out this

section.

(j) Notification of exercise of authority

The Director may not make an offer of early retirement,

separation pay, or both, pursuant to this section until 15 days

after submitting to the congressional intelligence committees a

report describing the occupational groups or geographic locations,

or other similar limitations or conditions, required by the

Director under subsection (h) of this section, and includes (!1)

the proposed regulations issued pursuant to subsection (i) of this

section.

(k) Remittance of funds

In addition to any other payment that is required to be made

under subchapter III of chapter 83 or chapter 84 of title 5, the

National Security Agency shall remit to the Office of Personnel

Management for deposit in the Treasury of the United States to the

credit of the Civil Service Retirement and Disability Fund, an

amount equal to 15 percent of the final basic pay of each employee

to whom a voluntary separation payment has been or is to be paid

under this section. The remittance required by this subsection

shall be in lieu of any remittance required by section 4(a) of the

Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).

-SOURCE-

(July 26, 1947, ch. 343, title III, Sec. 301, as added Pub. L.

106-567, title III, Sec. 304(a), Dec. 27, 2000, 114 Stat. 2836;

amended Pub. L. 107-306, title III, Sec. 353(b)(2)(A), title VIII,

Sec. 841(b), Nov. 27, 2002, 116 Stat. 2402, 2431.)

-REFTEXT-

REFERENCES IN TEXT

Section 4(a) of the Federal Workforce Restructuring Act of 1994,

referred to in subsec. (k), is section 4(a) of Pub. L. 103-226,

which is set out as a note under section 8331 of Title 5,

Government Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 301 of act July 26, 1947, ch. 343, 61 Stat. 507,

was classified to sections 171b and 171c-1 of former Title 5,

Executive Departments and Government Officers and Employees, prior

to repeal by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.

632.

AMENDMENTS

2002 - Subsec. (j). Pub. L. 107-306, Sec. 841(b), substituted

"Notification of exercise of authority" for "Reporting

requirements" in subsec. heading and struck out "(1) Notification.

- " before "The Director may" and par. (2) which read as follows:

"(2) Annual report. - The Director shall submit to the President

and the Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate an annual report on the effectiveness and costs of carrying

out this section."

Pub. L. 107-306, Sec. 353(b)(2)(A), substituted "congressional

intelligence committees" for "Permanent Select Committee on

Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate".

-FOOTNOTE-

(!1) So in original. Probably should be "including".

-End-

-CITE-

50 USC Sec. 410 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 410. "Function" and "Department of Defense" defined

-STATUTE-

(a) As used in this Act, the term "function" includes functions,

powers, and duties.

(b) As used in this Act, the term "Department of Defense" shall

be deemed to include the military departments of the Army, the

Navy, and the Air Force, and all agencies created under title II of

this Act.

-SOURCE-

(July 26, 1947, ch. 343, title III, Sec. 308, 61 Stat. 509; Aug.

10, 1949, ch. 412, Sec. 12(e), 63 Stat. 591.)

-STATAMEND-

PARTIAL REPEAL

Section 307 of Pub. L. 87-651, title III, Sept. 7, 1962, 76 Stat.

526, repealed subsection (a) of this section less its applicability

to sections 401, 402, 403, 404, and 405 of this title.

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act July 26, 1947, ch. 343,

61 Stat. 495, as amended, known as the National Security Act of

1947. For complete classification of this Act to the Code, see

Short Title note set out under section 401 of this title and

Tables.

Title II of this Act, referred to in subsec. (b), means title II

of the National Security Act of 1947, act July 26, 1947, ch. 343,

61 Stat. 499, as amended, which enacted sections 408 and 409 of

this title and sections 171, 171-1, 171-2, 171a, 171c, 171d, and

171e to 171i of former Title 5, Executive Department and Government

Officers and Employees, amended sections 1 and 11 of former Title 5

and section 1517 of Title 15, Commerce and Trade, and enacted a

provision formerly set out as a note under section 135 [now 137] of

Title 10, Armed Forces. Section 171 of former Title 5 was repealed

by Pub. L. 87-651, title III, Sec. 307, Sept. 7, 1962, and

reenacted in part as section 131 of Title 10. Sections 171e, 171f,

and 171g of former Title 5 were repealed by act Aug. 10, 1956, ch.

1041, Sec. 53, 70A Stat. 641, and reenacted as sections 171, 141,

142, and 143 of Title 10, respectively. Sections 171-1 and 171-2 of

former Title 5 were transferred to sections 408 and 409 of this

title, respectively. For complete classification of title II to the

Code, see Tables.

-COD-

CODIFICATION

Section was formerly classified to section 171n of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1949 - Subsec. (b). Act Aug. 10, 1949, substituted definition of

"Department of Defense" for definition of "budget program".

-End-

-CITE-

50 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 411. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary and appropriate to carry out the provisions and purposes

of this Act (other than the provisions and purposes of sections

102, 103, 104, 105 [50 U.S.C. 403, 403-3, 403-4, 403-5] and titles

V, VI, and VII [50 U.S.C. 413 et seq., 421 et seq., 431 et seq.]).

-SOURCE-

(July 26, 1947, ch. 343, title III, Sec. 307, 61 Stat. 509; Pub. L.

103-178, title III, Sec. 309, Dec. 3, 1993, 107 Stat. 2036.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act July 26, 1947, ch. 343,

61 Stat. 495, as amended, known as the National Security Act of

1947. Titles V, VI, and VII of the Act are classified generally to

subchapters III (Sec. 413 et seq.), IV (Sec. 421 et seq.), and V

(Sec. 431 et seq.) of this chapter, respectively. For complete

classification of this Act to the Code, see Short Title note set

out under section 401 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 171m of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-178 substituted "provisions and purposes of

this Act (other than the provisions and purposes of sections 102,

103, 104, 105 and titles V, VI, and VII)" for "provisions and

purposes of this Act".

-End-

-CITE-

50 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-

Sec. 412. Repealing and savings provisions

-STATUTE-

All laws, orders, and regulations inconsistent with the

provisions of this title are repealed insofar as they are

inconsistent with the powers, duties, and responsibilities enacted

hereby: Provided, That the powers, duties, and responsibilities of

the Secretary of Defense under this title shall be administered in

conformance with the policy and requirements for administration of

budgetary and fiscal matters in the Government generally, including

accounting and financial reporting, and that nothing in this title

shall be construed as eliminating or modifying the powers, duties,

and responsibilities of any other department, agency, or officer of

the Government in connection with such matters, but no such

department, agency, or officer shall exercise any such powers,

duties, or responsibilities in a manner that will render

ineffective the provisions of this title.

-SOURCE-

(July 26, 1947, ch. 343, title IV, Sec. 411, as added Aug. 10,

1949, ch. 412, Sec. 11, 63 Stat. 585.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, means title IV of act July 26,

1947, ch. 343, as added Aug. 10, 1949, ch. 412, Sec. 11, 63 Stat.

585, which enacted section 412 of this title and sections 172, 172a

to 172d, and 172f to 172j of former Title 5, Executive Departments

and Government Officers and Employees, and amended section 172e of

former Title 5 and section 72 of former Title 31, Money and

Finance. Section 172 of former Title 5 was repealed by Pub. L.

87-651, title III, Sec. 307, Sept. 7, 1962, 76 Stat. 526, and

reenacted as section 136 [now 138] of Title 10, Armed Forces.

Section 172a of former Title 5 was repealed by act Aug. 10, 1956,

ch. 1041, Sec. 53, 70A Stat. 641, and reenacted as sections 3014,

5061, and 8014 of Title 10. Sections 172b to 172d and 172f to 172h

of former Title 5 were repealed by Pub. L. 87-651, title III, Sec.

307, Sept. 7, 1962, 76 Stat. 526, and reenacted as sections 2203,

2204, 2208, 2207, 126, and 2206 of Title 10, respectively. Section

172i of former Title 5 was repealed by act Aug. 10, 1956, ch. 1041,

Sec. 53, 70A Stat. 641, and reenacted as section 2701 of Title 10.

Section 172j, of former Title 5 was transferred to section 412 of

this title. For complete classification of title IV to the Code,

see Tables.

-COD-

CODIFICATION

Section was formerly classified to section 172j of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

50 USC SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE

ACTIVITIES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 403q, 404g, 411, 1526,

2357f of this title; title 10 sections 167, 421, 437, 2557; title

22 sections 287b, 2415, 2776, 2780, 2799aa-1.

-End-

-CITE-

50 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

Sec. 413. General Congressional oversight provisions

-STATUTE-

(a) Reports to Congressional committees of intelligence activities

and anticipated activities

(1) The President shall ensure that the congressional

intelligence committees are kept fully and currently informed of

the intelligence activities of the United States, including any

significant anticipated intelligence activity as required by this

subchapter.

(2) Nothing in this subchapter shall be construed as requiring

the approval of the congressional intelligence committees as a

condition precedent to the initiation of any significant

anticipated intelligence activity.

(b) Reports concerning illegal intelligence activities

The President shall ensure that any illegal intelligence activity

is reported promptly to the congressional intelligence committees,

as well as any corrective action that has been taken or is planned

in connection with such illegal activity.

(c) Procedures for reporting information

The President and the congressional intelligence committees shall

each establish such procedures as may be necessary to carry out the

provisions of this subchapter.

(d) Procedures to protect from unauthorized disclosure

The House of Representatives and the Senate shall each establish,

by rule or resolution of such House, procedures to protect from

unauthorized disclosure all classified information, and all

information relating to intelligence sources and methods, that is

furnished to the congressional intelligence committees or to

Members of Congress under this subchapter. Such procedures shall be

established in consultation with the Director of Central

Intelligence. In accordance with such procedures, each of the

congressional intelligence committees shall promptly call to the

attention of its respective House, or to any appropriate committee

or committees of its respective House, any matter relating to

intelligence activities requiring the attention of such House or

such committee or committees.

(e) Construction of authority conferred

Nothing in this Act shall be construed as authority to withhold

information from the congressional intelligence committees on the

grounds that providing the information to the congressional

intelligence committees would constitute the unauthorized

disclosure of classified information or information relating to

intelligence sources and methods.

(f) "Intelligence activities" defined

As used in this section, the term "intelligence activities"

includes covert actions as defined in section 413b(e) of this

title, and includes financial intelligence activities.

-SOURCE-

(July 26, 1947, ch. 343, title V, Sec. 501, as added Pub. L.

102-88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 441;

amended Pub. L. 107-306, title III, Secs. 342(b), 353(b)(3)(A),

(7), Nov. 27, 2002, 116 Stat. 2399, 2402.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), means act July 26, 1947,

ch. 343, 61 Stat. 495, as amended, known as the National Security

Act of 1947. For complete classification of this Act to the Code,

see Short Title note set out under section 401 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 413, act July 26, 1947, ch. 343, title V, Sec.

501, as added Oct. 14, 1980, Pub. L. 96-450, title IV, Sec.

407(b)(1), 94 Stat. 1981, related to Congressional oversight of

intelligence activities, prior to repeal by Pub. L. 102-88, Sec.

602(a)(2).

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-306, Sec. 353(b)(3)(A),

substituted "congressional intelligence committees" for

"intelligence committees" wherever appearing.

Subsec. (a)(2), (3). Pub. L. 107-306, Sec. 353(b)(7),

redesignated par. (3) as (2) and struck out former par. (2) which

read as follows: "As used in this subchapter, the term

'congressional intelligence committees' means the Select Committee

on Intelligence of the Senate and the Permanent Select Committee on

Intelligence of the House of Representatives."

Subsecs. (b) to (e). Pub. L. 107-306, Sec. 353(b)(3)(A),

substituted "congressional intelligence committees" for

"intelligence committees" wherever appearing.

Subsec. (f). Pub. L. 107-306, Sec. 342(b), inserted ", and

includes financial intelligence activities" before period at end.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2723; title 42

section 7383d.

-End-

-CITE-

50 USC Sec. 413a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

Sec. 413a. Reporting of intelligence activities other than covert

actions

-STATUTE-

(a) In general

To the extent consistent with due regard for the protection from

unauthorized disclosure of classified information relating to

sensitive intelligence sources and methods or other exceptionally

sensitive matters, the Director of Central Intelligence and the

heads of all departments, agencies, and other entities of the

United States Government involved in intelligence activities shall

-

(1) keep the congressional intelligence committees fully and

currently informed of all intelligence activities, other than a

covert action (as defined in section 413b(e) of this title),

which are the responsibility of, are engaged in by, or are

carried out for or on behalf of, any department, agency, or

entity of the United States Government, including any significant

anticipated intelligence activity and any significant

intelligence failure; and

(2) furnish the congressional intelligence committees any

information or material concerning intelligence activities, other

than covert actions, which is within their custody or control,

and which is requested by either of the congressional

intelligence committees in order to carry out its authorized

responsibilities.

(b) Form and contents of certain reports

Any report relating to a significant anticipated intelligence

activity or a significant intelligence failure that is submitted to

the congressional intelligence committees for purposes of

subsection (a)(1) of this section shall be in writing, and shall

contain the following:

(1) A concise statement of any facts pertinent to such report.

(2) An explanation of the significance of the intelligence

activity or intelligence failure covered by such report.

(c) Standards and procedures for certain reports

The Director of Central Intelligence, in consultation with the

heads of the departments, agencies, and entities referred to in

subsection (a) of this section, shall establish standards and

procedures applicable to reports covered by subsection (b) of this

section.

-SOURCE-

(July 26, 1947, ch. 343, title V, Sec. 502, as added Pub. L.

102-88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 442;

amended Pub. L. 107-108, title III, Sec. 305, Dec. 28, 2001, 115

Stat. 1398; Pub. L. 107-306, title III, Sec. 353(b)(3)(B), Nov. 27,

2002, 116 Stat. 2402.)

-MISC1-

PRIOR PROVISIONS

A prior section 502 of act July 26, 1947, ch. 343, was renumbered

section 504 and is classified to section 414 of this title.

AMENDMENTS

2002 - Subsecs. (a), (b). Pub. L. 107-306 substituted

"congressional intelligence committees" for "intelligence

committees" wherever appearing.

2001 - Pub. L. 107-108 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) and (c).

FURNISHING OF INTELLIGENCE INFORMATION TO SENATE AND HOUSE SELECT

COMMITTEES ON INTELLIGENCE

Section 405 of Pub. L. 102-88 provided that:

"(a) Furnishing of Specific Information. - In accordance with

title V of the National Security Act of 1947 [50 U.S.C. 413 et

seq.], the head of any department or agency of the United States

involved in any intelligence activities which may pertain to United

States military personnel listed as prisoner, missing, or

unaccounted for in military actions shall furnish any information

or documents in the possession, custody, or control of the

department or agency, or person paid by such department or agency,

whenever requested by the Permanent Select Committee on

Intelligence of the House of Representatives or the Select

Committee on Intelligence of the Senate.

"(b) Access by Committees and Members of Congress. - In

accordance with Senate Resolution 400, Ninety-Fourth Congress, and

House Resolution 658, Ninety-Fifth Congress, the committees named

in subsection (a) shall, upon request and under such regulations as

the committees have prescribed to protect the classification of

such information, make any information described in subsection (a)

available to any other committee or any other Member of Congress

and appropriately cleared staff."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 7304.

-End-

-CITE-

50 USC Sec. 413b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

Sec. 413b. Presidential approval and reporting of covert actions

-STATUTE-

(a) Presidential findings

The President may not authorize the conduct of a covert action by

departments, agencies, or entities of the United States Government

unless the President determines such an action is necessary to

support identifiable foreign policy objectives of the United States

and is important to the national security of the United States,

which determination shall be set forth in a finding that shall meet

each of the following conditions:

(1) Each finding shall be in writing, unless immediate action

by the United States is required and time does not permit the

preparation of a written finding, in which case a written record

of the President's decision shall be contemporaneously made and

shall be reduced to a written finding as soon as possible but in

no event more than 48 hours after the decision is made.

(2) Except as permitted by paragraph (1), a finding may not

authorize or sanction a covert action, or any aspect of any such

action, which already has occurred.

(3) Each finding shall specify each department, agency, or

entity of the United States Government authorized to fund or

otherwise participate in any significant way in such action. Any

employee, contractor, or contract agent of a department, agency,

or entity of the United States Government other than the Central

Intelligence Agency directed to participate in any way in a

covert action shall be subject either to the policies and

regulations of the Central Intelligence Agency, or to written

policies or regulations adopted by such department, agency, or

entity, to govern such participation.

(4) Each finding shall specify whether it is contemplated that

any third party which is not an element of, or a contractor or

contract agent of, the United States Government, or is not

otherwise subject to United States Government policies and

regulations, will be used to fund or otherwise participate in any

significant way in the covert action concerned, or be used to

undertake the covert action concerned on behalf of the United

States.

(5) A finding may not authorize any action that would violate

the Constitution or any statute of the United States.

(b) Reports to congressional intelligence committees; production of

information

To the extent consistent with due regard for the protection from

unauthorized disclosure of classified information relating to

sensitive intelligence sources and methods or other exceptionally

sensitive matters, the Director of Central Intelligence and the

heads of all departments, agencies, and entities of the United

States Government involved in a covert action -

(1) shall keep the congressional intelligence committees fully

and currently informed of all covert actions which are the

responsibility of, are engaged in by, or are carried out for or

on behalf of, any department, agency, or entity of the United

States Government, including significant failures; and

(2) shall furnish to the congressional intelligence committees

any information or material concerning covert actions which is in

the possession, custody, or control of any department, agency, or

entity of the United States Government and which is requested by

either of the congressional intelligence committees in order to

carry out its authorized responsibilities.

(c) Timing of reports; access to finding

(1) The President shall ensure that any finding approved pursuant

to subsection (a) of this section shall be reported to the

congressional intelligence committees as soon as possible after

such approval and before the initiation of the covert action

authorized by the finding, except as otherwise provided in

paragraph (2) and paragraph (3).

(2) If the President determines that it is essential to limit

access to the finding to meet extraordinary circumstances affecting

vital interests of the United States, the finding may be reported

to the chairmen and ranking minority members of the congressional

intelligence committees, the Speaker and minority leader of the

House of Representatives, the majority and minority leaders of the

Senate, and such other member or members of the congressional

leadership as may be included by the President.

(3) Whenever a finding is not reported pursuant to paragraph (1)

or (2) of this section,(!1) the President shall fully inform the

congressional intelligence committees in a timely fashion and shall

provide a statement of the reasons for not giving prior notice.

(4) In a case under paragraph (1), (2), or (3), a copy of the

finding, signed by the President, shall be provided to the chairman

of each congressional intelligence committee. When access to a

finding is limited to the Members of Congress specified in

paragraph (2), a statement of the reasons for limiting such access

shall also be provided.

(d) Changes in previously approved actions

The President shall ensure that the congressional intelligence

committees, or, if applicable, the Members of Congress specified in

subsection (c)(2) of this section, are notified of any significant

change in a previously approved covert action, or any significant

undertaking pursuant to a previously approved finding, in the same

manner as findings are reported pursuant to subsection (c) of this

section.

(e) "Covert action" defined

As used in this subchapter, the term "covert action" means an

activity or activities of the United States Government to influence

political, economic, or military conditions abroad, where it is

intended that the role of the United States Government will not be

apparent or acknowledged publicly, but does not include -

(1) activities the primary purpose of which is to acquire

intelligence, traditional counterintelligence activities,

traditional activities to improve or maintain the operational

security of United States Government programs, or administrative

activities;

(2) traditional diplomatic or military activities or routine

support to such activities;

(3) traditional law enforcement activities conducted by United

States Government law enforcement agencies or routine support to

such activities; or

(4) activities to provide routine support to the overt

activities (other than activities described in paragraph (1),

(2), or (3)) of other United States Government agencies abroad.

(f) Prohibition on covert actions intended to influence United

States political processes, etc.

No covert action may be conducted which is intended to influence

United States political processes, public opinion, policies, or

media.

-SOURCE-

(July 26, 1947, ch. 343, title V, Sec. 503, as added Pub. L.

102-88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 442;

amended Pub. L. 107-306, title III, Sec. 353(b)(3)(C), (8), Nov.

27, 2002, 116 Stat. 2402.)

-MISC1-

PRIOR PROVISIONS

A prior section 503 of act July 26, 1947, ch. 343, was renumbered

section 505 and is classified to section 415 of this title.

AMENDMENTS

2002 - Subsecs. (b), (c)(1) to (3). Pub. L. 107-306, Sec.

353(b)(3)(C), substituted "congressional intelligence committees"

for "intelligence committees" wherever appearing.

Subsec. (c)(4). Pub. L. 107-306, Sec. 353(b)(8), substituted

"congressional intelligence committee" for "intelligence

committee".

Subsec. (d). Pub. L. 107-306, Sec. 353(b)(3)(C), substituted

"congressional intelligence committees" for "intelligence

committees".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 413, 413a, 414 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection,".

-End-

-CITE-

50 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

Sec. 414. Funding of intelligence activities

-STATUTE-

(a) Obligations and expenditures for intelligence or

intelligence-related activity; prerequisites

Appropriated funds available to an intelligence agency may be

obligated or expended for an intelligence or intelligence-related

activity only if -

(1) those funds were specifically authorized by the Congress

for use for such activities; or

(2) in the case of funds from the Reserve for Contingencies of

the Central Intelligence Agency and consistent with the

provisions of section 413b of this title concerning any

significant anticipated intelligence activity, the Director of

Central Intelligence has notified the appropriate congressional

committees of the intent to make such funds available for such

activity; or

(3) in the case of funds specifically authorized by the

Congress for a different activity -

(A) the activity to be funded is a higher priority

intelligence or intelligence-related activity;

(B) the need for funds for such activity is based on

unforseen (!1) requirements; and

(C) the Director of Central Intelligence, the Secretary of

Defense, or the Attorney General, as appropriate, has notified

the appropriate congressional committees of the intent to make

such funds available for such activity;

(4) nothing in this subsection prohibits obligation or

expenditure of funds available to an intelligence agency in

accordance with sections 1535 and 1536 of title 31.

(b) Activities denied funding by Congress

Funds available to an intelligence agency may not be made

available for any intelligence or intelligence-related activity for

which funds were denied by the Congress.

(c) Presidential finding required for expenditure of funds on

covert action

No funds appropriated for, or otherwise available to, any

department, agency, or entity of the United States Government may

be expended, or may be directed to be expended, for any covert

action, as defined in section 413b(e) of this title, unless and

until a Presidential finding required by subsection (a) of section

413b of this title has been signed or otherwise issued in

accordance with that subsection.

(d) Report to Congressional committees required for expenditure of

nonappropriated funds for intelligence activity

(1) Except as otherwise specifically provided by law, funds

available to an intelligence agency that are not appropriated funds

may be obligated or expended for an intelligence or

intelligence-related activity only if those funds are used for

activities reported to the appropriate congressional committees

pursuant to procedures which identify -

(A) the types of activities for which nonappropriated funds may

be expended; and

(B) the circumstances under which an activity must be reported

as a significant anticipated intelligence activity before such

funds can be expended.

(2) Procedures for purposes of paragraph (1) shall be jointly

agreed upon by the congressional intelligence committees and, as

appropriate, the Director of Central Intelligence or the Secretary

of Defense.

(e) Definitions

As used in this section -

(1) the term "intelligence agency" means any department,

agency, or other entity of the United States involved in

intelligence or intelligence-related activities;

(2) the term "appropriate congressional committees" means the

Permanent Select Committee on Intelligence and the Committee on

Appropriations of the House of Representatives and the Select

Committee on Intelligence and the Committee on Appropriations of

the Senate; and

(3) the term "specifically authorized by the Congress" means

that -

(A) the activity and the amount of funds proposed to be used

for that activity were identified in a formal budget request to

the Congress, but funds shall be deemed to be specifically

authorized for that activity only to the extent that the

Congress both authorized the funds to be appropriated for that

activity and appropriated the funds for that activity; or

(B) although the funds were not formally requested, the

Congress both specifically authorized the appropriation of the

funds for the activity and appropriated the funds for the

activity.

-SOURCE-

(July 26, 1947, ch. 343, title V, Sec. 504, formerly Sec. 502, as

added Pub. L. 99-169, title IV, Sec. 401(a), Dec. 4, 1985, 99 Stat.

1004; renumbered Sec. 504 and amended Pub. L. 102-88, title VI,

Secs. 602(a)(1), (c)(1), 603, Aug. 14, 1991, 105 Stat. 441, 444;

Pub. L. 107-306, title III, Sec. 353(b)(3)(D), Nov. 27, 2002, 116

Stat. 2402.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-306 substituted "congressional

intelligence committees" for "intelligence committees".

1991 - Subsec. (a)(2). Pub. L. 102-88, Sec. 602(c)(1),

substituted "section 413b" for "section 413".

Subsecs. (c) to (e). Pub. L. 102-88, Sec. 603, added subsecs. (c)

and (d) and redesignated former subsec. (c) as (e).

LIMITATION ON TRANSFER OF FUNDS BETWEEN CIA AND DEPARTMENT OF

DEFENSE; CONGRESSIONAL NOTIFICATION REQUIRED

Pub. L. 103-139, title VIII, Sec. 8107, Nov. 11, 1993, 107 Stat.

1464, provided that: "During the current fiscal year and

thereafter, no funds may be made available through transfer,

reprogramming, or other means between the Central Intelligence

Agency and the Department of Defense for any intelligence or

special activity different from that previously justified to the

Congress unless the Director of Central Intelligence or the

Secretary of Defense has notified the House and Senate

Appropriations Committees of the intent to make such funds

available for such activity." Similar provisions were contained in

the following prior appropriation acts:

Pub. L. 102-396, title IX, Sec. 9014, Oct. 6, 1992, 106 Stat.

1903.

Pub. L. 102-172, title VIII, Sec. 8014, Nov. 26, 1991, 105 Stat.

1174.

Pub. L. 101-511, title VIII, Sec. 8015, Nov. 5, 1990, 104 Stat.

1878.

Pub. L. 101-165, title IX, Sec. 9022, Nov. 21, 1989, 103 Stat.

1134.

Pub. L. 100-463, title VIII, Sec. 8035, Oct. 1, 1988, 102 Stat.

2270-23.

Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8037], Dec. 22,

1987, 101 Stat. 1329-43, 1329-68.

SENSE OF CONGRESS REGARDING DISCLOSURE OF ANNUAL INTELLIGENCE

BUDGET

Pub. L. 102-496, title III, Sec. 303, Oct. 24, 1992, 106 Stat.

3183, provided that: "It is the sense of Congress that, beginning

in 1993, and in each year thereafter, the aggregate amount

requested and authorized for, and spent on, intelligence and

intelligence-related activities should be disclosed to the public

in an appropriate manner." Similar provisions were contained in the

following prior appropriation act: Pub. L. 102-183, title VII, Sec.

701, Dec. 4, 1991, 105 Stat. 1270.

LIMITATION OF EXPENDITURE OF FUNDS APPROPRIATED FOR DEPARTMENT OF

DEFENSE INTELLIGENCE PROGRAMS

Pub. L. 102-172, title VIII, Sec. 8089, Nov. 26, 1991, 105 Stat.

1193, provided that: "During the current fiscal year and hereafter,

none of the funds appropriated for intelligence programs to the

Department of Defense which are transferred to another Federal

agency for execution shall be expended by the Department of Defense

in any fiscal year in excess of amounts required for expenditure

during such fiscal year by the Federal agency to which such funds

are transferred."

ENHANCED SECURITY COUNTERMEASURES CAPABILITIES; APPLICATION OF

SECTION

Section 401(c) of Pub. L. 99-169 provided that: "The amendment

made by section 401(a) of this Act [enacting this section] shall

not apply with respect to funds appropriated to the Director of

Central Intelligence under the heading 'enhanced security

countermeasures capabilities' in the Supplemental Appropriations

Act, 1985 (Public Law 99-88) [Aug. 15, 1985, 99 Stat. 311]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 1703.

-FOOTNOTE-

(!1) So in original. Probably should be "unforeseen".

-End-

-CITE-

50 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

Sec. 415. Notice to Congress of certain transfers of defense

articles and defense services

-STATUTE-

(a)(1) The transfer of a defense article or defense service, or

the anticipated transfer in any fiscal year of any aggregation of

defense articles or defense services, exceeding $1,000,000 in value

by an intelligence agency to a recipient outside that agency shall

be considered a significant anticipated intelligence activity for

the purpose of this subchapter.

(2) Paragraph (1) does not apply if -

(A) the transfer is being made to a department, agency, or

other entity of the United States (so long as there will not be a

subsequent retransfer of the defense articles or defense services

outside the United States Government in conjunction with an

intelligence or intelligence-related activity); or

(B) the transfer -

(i) is being made pursuant to authorities contained in part

II of the Foreign Assistance Act of 1961 [22 U.S.C. 2301 et

seq.], the Arms Export Control Act [22 U.S.C. 2751 et seq.],

title 10 (including a law enacted pursuant to section 7307(a)

of that title), or the Federal Property and Administrative

Services Act of 1949,(!1) and

(ii) is not being made in conjunction with an intelligence or

intelligence-related activity.

(3) An intelligence agency may not transfer any defense articles

or defense services outside the agency in conjunction with any

intelligence or intelligence-related activity for which funds were

denied by the Congress.

(b) As used in this section -

(1) the term "intelligence agency" means any department,

agency, or other entity of the United States involved in

intelligence or intelligence-related activities;

(2) the terms "defense articles" and "defense services" mean

the items on the United States Munitions List pursuant to section

38 of the Arms Export Control Act [22 U.S.C. 2778] (22 CFR part

121);

(3) the term "transfer" means -

(A) in the case of defense articles, the transfer of

possession of those articles; and

(B) in the case of defense services, the provision of those

services; and

(4) the term "value" means -

(A) in the case of defense articles, the greater of -

(i) the original acquisition cost to the United States

Government, plus the cost of improvements or other

modifications made by or on behalf of the Government; or

(ii) the replacement cost; and

(B) in the case of defense services, the full cost to the

Government of providing the services.

-SOURCE-

(July 26, 1947, ch. 343, title V, Sec. 505, formerly Sec. 503, as

added Pub. L. 99-569, title VI, Sec. 602(a), Oct. 27, 1986, 100

Stat. 3203; renumbered Sec. 505 and amended Pub. L. 102-88, title

VI, Secs. 602(a)(1), (c)(2), 604, Aug. 14, 1991, 105 Stat. 441,

444, 445; Pub. L. 103-160, div. A, title VIII, Sec. 828(d)(1), Nov.

30, 1993, 107 Stat. 1715.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(a)(2)(B)(i), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Part II of the Act is classified generally to subchapter

II (Sec. 2301 et seq.) of chapter 32 of Title 22, Foreign Relations

and Intercourse. For provisions deeming references to subchapter II

to exclude parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.),

and VIII (Sec. 2349aa et seq.) of subchapter II, see section 202(b)

of Pub. L. 92-228, set out as a note under section 2346 of Title

22, and sections 2348c and 2349aa-5 of Title 22. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of Title 22 and Tables.

The Arms Export Control Act, referred to in subsec. (a)(2)(B)(i),

is Pub. L. 90-269, Oct. 22, 1968, 82 Stat. 1320, as amended, which

is classified principally to chapter 39 (Sec. 2751 et seq.) of

Title 22. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of Title 22 and Tables.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (a)(2)(B)(i), is act June 30, 1949, ch. 288,

63 Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(2)(B)(i). Pub. L. 103-160 substituted "section

7307(a)" for "section 7307(b)(1)".

1991 - Subsec. (a)(1). Pub. L. 102-88 inserted ", or the

anticipated transfer in any fiscal year of any aggregation of

defense articles or defense services," after "service" and

substituted "this subchapter" for "section 413 of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 7304.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 415a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

Sec. 415a. Specificity of National Foreign Intelligence Program

budget amounts for counterterrorism, counterproliferation,

counternarcotics, and counterintelligence

-STATUTE-

(a) In general

The budget justification materials submitted to Congress in

support of the budget of the President for a fiscal year that is

submitted to Congress under section 1105(a) of title 31 shall set

forth separately the aggregate amount requested for that fiscal

year for the National Foreign Intelligence Program for each of the

following:

(1) Counterterrorism.

(2) Counterproliferation.

(3) Counternarcotics.

(4) Counterintelligence.

(b) Election of classified or unclassified form

Amounts set forth under subsection (a) of this section may be set

forth in unclassified form or classified form, at the election of

the Director of Central Intelligence.

-SOURCE-

(July 26, 1947, ch. 343, title V, Sec. 506, as added Pub. L.

107-306, title III, Sec. 311(a), Nov. 27, 2002, 116 Stat. 2390.)

-End-

-CITE-

50 USC Sec. 415b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-

Sec. 415b. Dates for submittal of various annual and semiannual

reports to the congressional intelligence committees

-STATUTE-

(a) Annual reports

(1) The date for the submittal to the congressional intelligence

committees of the following annual reports shall be the date each

year provided in subsection (c)(1)(A) of this section:

(A) The annual evaluation of the performance and responsiveness

of certain elements of the intelligence community required by

section 403-5(d) of this title.

(B) The annual report on intelligence required by section 404d

of this title.

(C) The annual report on intelligence community cooperation

with Federal law enforcement agencies required by section

404i(a)(2) of this title.

(D) The annual report on the protection of the identities of

covert agents required by section 423 of this title.

(E) The annual report of the Inspectors Generals of the

intelligence community on proposed resources and activities of

their offices required by section 8H(g) of the Inspector General

Act of 1978.

(F) The annual report on commercial activities as security for

intelligence collection required by section 437(c) of title 10.

(G) The annual report on expenditures for postemployment

assistance for terminated intelligence employees required by

section 1611(e)(2) of title 10.

(H) The annual update on foreign industrial espionage required

by section 2170b(b) of the Appendix to this title.

(I) The annual report on coordination of counterintelligence

matters with the Federal Bureau of Investigation required by

section 402a(c)(6) of this title.

(J) The annual report on foreign companies involved in the

proliferation of weapons of mass destruction that raise funds in

the United States capital markets required by section 404n-3 of

this title.

(K) The annual report on certifications for immunity in

interdiction of aircraft engaged in illicit drug trafficking

required by section 2291-4(c)(2) of title 22.

(L) The annual report on exceptions to consumer disclosure

requirements for national security investigations under section

1681b(b)(4)(E) of title 15.

(M) The annual report on activities under the David L. Boren

National Security Education Act of 1991 (title VIII of Public Law

102-183; 50 U.S.C. 1901 et seq.) required by section 806(a) of

that Act (50 U.S.C. 1906(a)).

(N) The annual report on hiring and retention of minority

employees in the intelligence community required by section

404i(c) of this title.

(2) The date for the submittal to the congressional intelligence

committees of the following annual reports shall be the date each

year provided in subsection (c)(1)(B) of this section:

(A) The annual report on the safety and security of Russian

nuclear facilities and nuclear military forces required by

section 404i(b) of this title.

(B) The annual report on the threat of attack on the United

States from weapons of mass destruction required by section

404i(d) of this title.

(C) The annual report on covert leases required by section

404i(e) of this title.

(D) The annual report on improvements of the financial

statements of the intelligence community for auditing purposes

required by section 404i-1 of this title.

(E) The annual report on activities of personnel of the Federal

Bureau of Investigation outside the United States required by

section 540C(c)(2) of title 28.

(F) The annual report on intelligence activities of the

People's Republic of China required by section 308(c) of the

Intelligence Authorization Act for Fiscal Year 1998 (Public Law

105-107; 50 U.S.C. 402a note).

(G) The annual report on counterdrug intelligence matters

required by section 826 of the Intelligence Authorization Act for

Fiscal Year 2003.

(b) Semiannual reports

The dates for the submittal to the congressional intelligence

committees of the following semiannual reports shall be the dates

each year provided in subsection (c)(2) of this section:

(1) The periodic reports on intelligence provided to the United

Nations required by section 404g(b) of this title.

(2) The semiannual reports on the Office of the Inspector

General of the Central Intelligence Agency required by section

403q(d)(1) of this title.

(3) The semiannual reports on decisions not to prosecute

certain violations of law under the Classified Information

Procedures Act (18 U.S.C. App.) as required by section 13 of that

Act.

(4) The semiannual reports on the acquisition of technology

relating to weapons of mass destruction and advanced conventional

munitions required by section 2366(b) of this title.

(5) The semiannual reports on the activities of the Diplomatic

Telecommunications Service Program Office (DTS-PO) required by

section 7302(a)(6)(D)(ii) of title 22.

(6) The semiannual reports on the disclosure of information and

consumer reports to the Federal Bureau of Investigation for

counterintelligence purposes required by section 1681u(h)(2) of

title 15.(!1)

(7) The semiannual provision of information on requests for

financial information for foreign counterintelligence purposes

required by section 3414(a)(5)(C) of title 12.

(8) The semiannual report on financial intelligence on

terrorist assets required by section 404m of this title.

(c) Submittal dates for reports

(1)(A) Except as provided in subsection (d) of this section, each

annual report listed in subsection (a)(1) of this section shall be

submitted not later than February 1.

(B) Except as provided in subsection (d) of this section, each

annual report listed in subsection (a)(2) of this section shall be

submitted not later than December 1.

(2) Except as provided in subsection (d) of this section, each

semiannual report listed in subsection (b) of this section shall be

submitted not later than February 1 and August 1.

(d) Postponement of submittal

(1) Subject to paragraph (3), the date for the submittal of -

(A) an annual report listed in subsection (a)(1) of this

section may be postponed until March 1;

(B) an annual report listed in subsection (a)(2) of this

section may be postponed until January 1; and

(C) a semiannual report listed in subsection (b) of this

section may be postponed until March 1 or September 1, as the

case may be,

if the official required to submit such report submits to the

congressional intelligence committees a written notification of

such postponement.

(2)(A) Notwithstanding any other provision of law and subject to

paragraph (3), the date for the submittal to the congressional

intelligence committees of any report described in subparagraph (B)

may be postponed by not more than 30 days from the date otherwise

specified in the provision of law for the submittal of such report

if the official required to submit such report submits to the

congressional intelligence committees a written notification of

such postponement.

(B) A report described in this subparagraph is any report on

intelligence or intelligence-related activities of the United

States Government that is submitted under a provision of law

requiring the submittal of only a single report.

(3)(A) The date for the submittal of a report whose submittal is

postponed under paragraph (1) or (2) may be postponed beyond the

time provided for the submittal of such report under such paragraph

if the official required to submit such report submits to the

congressional intelligence committees a written certification that

preparation and submittal of such report at such time will impede

the work of officers or employees of the intelligence community in

a manner that will be detrimental to the national security of the

United States.

(B) A certification with respect to a report under subparagraph

(A) shall include a proposed submittal date for such report, and

such report shall be submitted not later than that date.

-SOURCE-

(July 26, 1947, ch. 343, title V, Sec. 507, as added Pub. L.

107-306, title VIII, Sec. 811(a)(1), Nov. 27, 2002, 116 Stat.

2418.)

-REFTEXT-

REFERENCES IN TEXT

Section 8H(g) of the Inspector General Act of 1978, referred to

in subsec. (a)(1)(E), is section 8H(g) of Pub. L. 95-452, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

The David L. Boren National Security Education Act of 1991,

referred to in subsec. (a)(1)(M), is title VIII of Pub. L. 102-183,

Dec. 4, 1991, 105 Stat. 1271, as amended, which is classified

generally to chapter 37 (Sec. 1901 et seq.) of this title. For

complete classification of this Act to the Code, see section

1901(a) of this title and Tables.

Section 826 of the Intelligence Authorization Act for Fiscal Year

2003, referred to in subsec. (a)(2)(G), is section 826 of Pub. L.

107-306, which is set out as a note under section 873 of Title 21,

Food and Drugs.

The Classified Information Procedures Act, referred to in subsec.

(b)(3), is Pub. L. 96-456, Oct. 15, 1980, 94 Stat. 2025, as

amended, which is set out in the Appendix to Title 18, Crimes and

Criminal Procedure.

Section 1681u(h)(2) of title 15, referred to in subsec. (b)(6),

was in the original "section 624(h)(2) of the Fair Credit Reporting

Act", which was translated as reading "section 625(h)(2) of the

Fair Credit Reporting Act", to reflect the probable intent of

Congress and the renumbering of section 624 as 625 by section

358(g)(1)(A) of Pub. L. 107-56.

-MISC1-

PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND PLANS

RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT OF DEFENSE OR

DEPARTMENT OF ENERGY

Pub. L. 107-306, title I, Sec. 109, Nov. 27, 2002, 116 Stat.

2389, provided that:

"(a) Consultation in Preparation. - (1) The Director of Central

Intelligence shall ensure that any report, review, study, or plan

required to be prepared or conducted by a provision of this Act

[see Tables for classification], including a provision of the

classified Schedule of Authorizations referred to in section 102(a)

[116 Stat. 2386] or the classified annex to this Act, that involves

the intelligence or intelligence-related activities of the

Department of Defense or the Department of Energy is prepared or

conducted in consultation with the Secretary of Defense or the

Secretary of Energy, as appropriate.

"(2) The Secretary of Defense or the Secretary of Energy may

carry out any consultation required by this subsection through an

official of the Department of Defense or the Department of Energy,

as the case may be, designated by such Secretary for that purpose.

"(b) Submittal. - Any report, review, study, or plan referred to

in subsection (a) shall be submitted, in addition to any other

committee of Congress specified for submittal in the provision

concerned, to the following committees of Congress:

"(1) The Committees on Armed Services and Appropriations and

the Select Committee on Intelligence of the Senate.

"(2) The Committees on Armed Services and Appropriations and

the Permanent Select Committee on Intelligence of the House of

Representatives."

Similar provisions were contained in the following prior act:

Pub. L. 107-108, title V, Sec. 505, Dec. 28, 2001, 115 Stat.

1406.

DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS

Pub. L. 107-306, title VIII, Sec. 801, Nov. 27, 2002, 116 Stat.

2418, provided that:

"(a) Deadline. - The reports described in subsection (c) shall be

submitted to Congress not later than 180 days after the date of the

enactment of this Act [Nov. 27, 2002].

"(b) Noncompliance. - (1) If all the reports described in

subsection (c) are not submitted to Congress by the date specified

in subsection (a), amounts available to be obligated or expended

after that date to carry out the functions or duties of the Office

of the Director of Central Intelligence shall be reduced by 1/3 .

"(2) The reduction applicable under paragraph (1) shall not apply

if the Director of Central Intelligence certifies to Congress by

the date referred to in subsection (a) that all reports referred to

in subsection (c) have been submitted to Congress.

"(c) Reports Described. - The reports referred to in subsection

(a) are reports mandated by law for which the Director of Central

Intelligence has sole or primary responsibility to prepare,

coordinate, and submit to Congress which, as of the date of the

enactment of this Act [Nov. 27, 2002], have not been submitted to

Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402a, 403-5, 403q, 404d,

404g, 404i, 404i-1, 404m, 404n-3, 423, 1906, 2366 of this title;

section 2170b of the Appendix to this title; title 10 sections 437,

1611; title 12 section 3414; title 15 sections 1681b, 1681u; title

22 sections 2291-4, 7302; title 28 section 540C.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL

SECURITY INFORMATION 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 411 of this title.

-End-

-CITE-

50 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-

Sec. 421. Protection of identities of certain United States

undercover intelligence officers, agents, informants, and sources

-STATUTE-

(a) Disclosure of information by persons having or having had

access to classified information that identifies covert agent

Whoever, having or having had authorized access to classified

information that identifies a covert agent, intentionally discloses

any information identifying such covert agent to any individual not

authorized to receive classified information, knowing that the

information disclosed so identifies such covert agent and that the

United States is taking affirmative measures to conceal such covert

agent's intelligence relationship to the United States, shall be

fined under title 18 or imprisoned not more than ten years, or

both.

(b) Disclosure of information by persons who learn identity of

covert agents as result of having access to classified

information

Whoever, as a result of having authorized access to classified

information, learns the identify of a covert agent and

intentionally discloses any information identifying such covert

agent to any individual not authorized to receive classified

information, knowing that the information disclosed so identifies

such covert agent and that the United States is taking affirmative

measures to conceal such covert agent's intelligence relationship

to the United States, shall be fined under title 18 or imprisoned

not more than five years, or both.

(c) Disclosure of information by persons in course of pattern of

activities intended to identify and expose covert agents

Whoever, in the course of a pattern of activities intended to

identify and expose covert agents and with reason to believe that

such activities would impair or impede the foreign intelligence

activities of the United States, discloses any information that

identifies an individual as a covert agent to any individual not

authorized to receive classified information, knowing that the

information disclosed so identifies such individual and that the

United States is taking affirmative measures to conceal such

individual's classified intelligence relationship to the United

States, shall be fined under title 18 or imprisoned not more than

three years, or both.

(d) Imposition of consecutive sentences

A term of imprisonment imposed under this section shall be

consecutive to any other sentence of imprisonment.

-SOURCE-

(July 26, 1947, ch. 343, title VI, Sec. 601, as added Pub. L.

97-200, Sec. 2(a), June 23, 1982, 96 Stat. 122; amended Pub. L.

106-120, title III, Sec. 304(b), Dec. 3, 1999, 113 Stat. 1611.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-120, Sec. 304(b)(2)(A),

substituted "shall be fined under title 18" for "shall be fined not

more than $50,000".

Subsec. (b). Pub. L. 106-120, Sec. 304(b)(2)(B), substituted

"shall be fined under title 18" for "shall be fined not more than

$25,000".

Subsec. (c). Pub. L. 106-120, Sec. 304(b)(2)(C), substituted

"shall be fined under title 18" for "shall be fined not more than

$15,000".

Subsec. (d). Pub. L. 106-120, Sec. 304(b)(1), added subsec. (d).

SHORT TITLE

For short title of this subchapter as the "Intelligence

Identities Protection Act of 1982", see section 1 of Pub. L.

97-200, set out as a Short Title of 1982 Amendment note under

section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 422, 424 of this title;

title 5 section 8312; title 8 section 1101; title 18 section 3239;

title 22 section 2778.

-End-

-CITE-

50 USC Sec. 422 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-

Sec. 422. Defenses and exceptions

-STATUTE-

(a) Disclosure by United States of identity of covert agent

It is a defense to a prosecution under section 421 of this title

that before the commission of the offense with which the defendant

is charged, the United States had publicly acknowledged or revealed

the intelligence relationship to the United States of the

individual the disclosure of whose intelligence relationship to the

United States is the basis for the prosecution.

(b) Conspiracy, misprision of felony, aiding and abetting, etc.

(1) Subject to paragraph (2), no person other than a person

committing an offense under section 421 of this title shall be

subject to prosecution under such section by virtue of section 2 or

4 of title 18 or shall be subject to prosecution for conspiracy to

commit an offense under such section.

(2) Paragraph (1) shall not apply (A) in the case of a person who

acted in the course of a pattern of activities intended to identify

and expose covert agents and with reason to believe that such

activities would impair or impede the foreign intelligence

activities of the United States, or (B) in the case of a person who

has authorized access to classified information.

(c) Disclosure to select Congressional committees on intelligence

It shall not be an offense under section 421 of this title to

transmit information described in such section directly to either

congressional intelligence committee.

(d) Disclosure by agent of own identity

It shall not be an offense under section 421 of this title for an

individual to disclose information that solely identifies himself

as a covert agent.

-SOURCE-

(July 26, 1947, ch. 343, title VI, Sec. 602, as added Pub. L.

97-200, Sec. 2(a), June 23, 1982, 96 Stat. 122; amended Pub. L.

107-306, title III, Sec. 353(b)(9), Nov. 27, 2002, 116 Stat. 2402.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-306 substituted "either

congressional intelligence committee" for "the Select Committee on

Intelligence of the Senate or to the Permanent Select Committee on

Intelligence of the House of Representatives".

-End-

-CITE-

50 USC Sec. 423 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-

Sec. 423. Report

-STATUTE-

(a) Annual report by President to Congress on measures to protect

identities of covert agents

The President, after receiving information from the Director of

Central Intelligence, shall submit to the congressional

intelligence committees an annual report on measures to protect the

identities of covert agents, and on any other matter relevant to

the protection of the identities of covert agents. The date for the

submittal of the report shall be the date provided in section 415b

of this title.

(b) Exemption from disclosure

The report described in subsection (a) of this section shall be

exempt from any requirement for publication or disclosure.

-SOURCE-

(July 26, 1947, ch. 343, title VI, Sec. 603, as added Pub. L.

97-200, Sec. 2(a), June 23, 1982, 96 Stat. 123; amended Pub. L.

107-306, title III, Sec. 353(b)(1)(B), title VIII, Sec.

811(b)(1)(E), Nov. 27, 2002, 116 Stat. 2402, 2422.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-306, Sec. 811(b)(1)(E)(i),

inserted at end "The date for the submittal of the report shall be

the date provided in section 415b of this title."

Pub. L. 107-306, Sec. 353(b)(1)(B), substituted "congressional

intelligence committees" for "Select Committee on Intelligence of

the Senate and the Permanent Select Committee on Intelligence of

the House of Representatives".

Subsec. (b). Pub. L. 107-306, Sec. 811(b)(1)(E)(ii), struck out

at end "The first such report shall be submitted no later than

February 1, 1983."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 8th item on page 156 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (a) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-End-

-CITE-

50 USC Sec. 424 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-

Sec. 424. Extraterritorial jurisdiction

-STATUTE-

There is jurisdiction over an offense under section 421 of this

title committed outside the United States if the individual

committing the offense is a citizen of the United States or an

alien lawfully admitted to the United States for permanent

residence (as defined in section 1101(a)(20) of title 8).

-SOURCE-

(July 26, 1947, ch. 343, title VI, Sec. 604, as added Pub. L.

97-200, Sec. 2(a), June 23, 1982, 96 Stat. 123.)

-End-

-CITE-

50 USC Sec. 425 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-

Sec. 425. Providing information to Congress

-STATUTE-

Nothing in this subchapter may be construed as authority to

withhold information from the Congress or from a committee of

either House of Congress.

-SOURCE-

(July 26, 1947, ch. 343, title VI, Sec. 605, as added Pub. L.

97-200, Sec. 2(a), June 23, 1982, 96 Stat. 123.)

-End-

-CITE-

50 USC Sec. 426 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-

Sec. 426. Definitions

-STATUTE-

For the purposes of this subchapter:

(1) The term "classified information" means information or

material designated and clearly marked or clearly represented,

pursuant to the provisions of a statute or Executive order (or a

regulation or order issued pursuant to a statute or Executive

order), as requiring a specific degree of protection against

unauthorized disclosure for reasons of national security.

(2) The term "authorized", when used with respect to access to

classified information, means having authority, right, or

permission pursuant to the provisions of a statute, Executive

order, directive of the head of any department or agency engaged

in foreign intelligence or counterintelligence activities, order

of any United States court, or provisions of any Rule of the

House of Representatives or resolution of the Senate which

assigns responsibility within the respective House of Congress

for the oversight of intelligence activities.

(3) The term "disclose" means to communicate, provide, impart,

transmit, transfer, convey, publish, or otherwise make available.

(4) The term "covert agent" means -

(A) a present or retired officer or employee of an

intelligence agency or a present or retired member of the Armed

Forces assigned to duty with an intelligence agency -

(i) whose identity as such an officer, employee, or member

is classified information, and

(ii) who is serving outside the United States or has within

the last five years served outside the United States; or

(B) a United States citizen whose intelligence relationship

to the United States is classified information, and -

(i) who resides and acts outside the United States as an

agent of, or informant or source of operational assistance

to, an intelligence agency, or

(ii) who is at the time of the disclosure acting as an

agent of, or informant to, the foreign counterintelligence or

foreign counterterrorism components of the Federal Bureau of

Investigation; or

(C) an individual, other than a United States citizen, whose

past or present intelligence relationship to the United States

is classified information and who is a present or former agent

of, or a present or former informant or source of operational

assistance to, an intelligence agency.

(5) The term "intelligence agency" means the Central

Intelligence Agency, a foreign intelligence component of the

Department of Defense, or the foreign counterintelligence or

foreign counterterrorism components of the Federal Bureau of

Investigation.

(6) The term "informant" means any individual who furnishes

information to an intelligence agency in the course of a

confidential relationship protecting the identity of such

individual from public disclosure.

(7) The terms "officer" and "employee" have the meanings given

such terms by section 2104 and 2105, respectively, of title 5.

(8) The term "Armed Forces" means the Army, Navy, Air Force,

Marine Corps, and Coast Guard.

(9) The term "United States", when used in a geographic sense,

means all areas under the territorial sovereignty of the United

States and the Trust Territory of the Pacific Islands.

(10) The term "pattern of activities" requires a series of acts

with a common purpose or objective.

-SOURCE-

(July 26, 1947, ch. 343, title VI, Sec. 606, as added Pub. L.

97-200, Sec. 2(a), June 23, 1982, 96 Stat. 123; amended Pub. L.

106-120, title III, Sec. 304(a), Dec. 3, 1999, 113 Stat. 1611.)

-MISC1-

AMENDMENTS

1999 - Par. (4)(A). Pub. L. 106-120 substituted "a present or

retired officer or employee" for "an officer or employee" and "a

present or retired member" for "a member".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

50 USC SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES OF

THE CENTRAL INTELLIGENCE AGENCY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES OF THE CENTRAL

INTELLIGENCE AGENCY

-HEAD-

SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES OF THE CENTRAL

INTELLIGENCE AGENCY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 411 of this title;

title 44 section 3511.

-End-

-CITE-

50 USC Sec. 431 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES OF THE CENTRAL

INTELLIGENCE AGENCY

-HEAD-

Sec. 431. Exemption of certain operational files from search,

review, publication, or disclosure

-STATUTE-

(a) Exemption by Director of Central Intelligence

Operational files of the Central Intelligence Agency may be

exempted by the Director of Central Intelligence from the

provisions of section 552 of title 5 (Freedom of Information Act)

which require publication or disclosure, or search or review in

connection therewith.

(b) "Operational files" defined

For the purposes of this title the term "operational files" means

-

(1) files of the Directorate of Operations which document the

conduct of foreign intelligence or counterintelligence operations

or intelligence or security liaison arrangements or information

exchanges with foreign governments or their intelligence or

security services;

(2) files of the Directorate for Science and Technology which

document the means by which foreign intelligence or

counterintelligence is collected through scientific and technical

systems; and

(3) files of the Office of Personnel Security which document

investigations conducted to determine the suitability of

potential foreign intelligence or counterintelligence sources;

except that files which are the sole repository of disseminated

intelligence are not operational files.

(c) Search and review for information

Notwithstanding subsection (a) of this section, exempted

operational files shall continue to be subject to search and review

for information concerning -

(1) United States citizens or aliens lawfully admitted for

permanent residence who have requested information on themselves

pursuant to the provisions of section 552 of title 5 (Freedom of

Information Act) or section 552a of title 5 (Privacy Act of

1974);

(2) any special activity the existence of which is not exempt

from disclosure under the provisions of section 552 of title 5

(Freedom of Information Act); or

(3) the specific subject matter of an investigation by the

congressional intelligence committees, the Intelligence Oversight

Board, the Department of Justice, the Office of General Counsel

of the Central Intelligence Agency, the Office of Inspector

General of the Central Intelligence Agency, or the Office of the

Director of Central Intelligence for any impropriety, or

violation of law, Executive order, or Presidential directive, in

the conduct of an intelligence activity.

(d) Information derived or disseminated from exempted operational

files

(1) Files that are not exempted under subsection (a) of this

section which contain information derived or disseminated from

exempted operational files shall be subject to search and review.

(2) The inclusion of information from exempted operational files

in files that are not exempted under subsection (a) of this section

shall not affect the exemption under subsection (a) of this section

of the originating operational files from search, review,

publication, or disclosure.

(3) Records from exempted operational files which have been

disseminated to and referenced in files that are not exempted under

subsection (a) of this section and which have been returned to

exempted operational files for sole retention shall be subject to

search and review.

(e) Supersedure of prior law

The provisions of subsection (a) of this section shall not be

superseded except by a provision of law which is enacted after

October 15, 1984, and which specifically cites and repeals or

modifies its provisions.

(f) Allegation; improper withholding of records; judicial review

Whenever any person who has requested agency records under

section 552 of title 5 (Freedom of Information Act), alleges that

the Central Intelligence Agency has improperly withheld records

because of failure to comply with any provision of this section,

judicial review shall be available under the terms set forth in

section 552(a)(4)(B) of title 5, except that -

(1) in any case in which information specifically authorized

under criteria established by an Executive order to be kept

secret in the interest of national defense or foreign relations

which is filed with, or produced for, the court by the Central

Intelligence Agency, such information shall be examined ex parte,

in camera by the court;

(2) the court shall, to the fullest extent practicable,

determine issues of fact based on sworn written submissions of

the parties;

(3) when a complaint alleges that requested records were

improperly withheld because of improper placement solely in

exempted operational files, the complainant shall support such

allegation with a sworn written submission, based upon personal

knowledge or otherwise admissible evidence;

(4)(A) when a complainant alleges that requested records were

improperly withheld because of improper exemption of operational

files, the Central Intelligence Agency shall meet its burden

under section 552(a)(4)(B) of title 5 by demonstrating to the

court by sworn written submission that exempted operational files

likely to contain responsive records currently perform the

functions set forth in subsection (b) of this section; and

(B) the court may not order the Central Intelligence Agency to

review the content of any exempted operational file or files in

order to make the demonstration required under subparagraph (A)

of this paragraph, unless the complainant disputes the Central

Intelligence Agency's showing with a sworn written submission

based on personal knowledge or otherwise admissible evidence;

(5) in proceedings under paragraphs (3) and (4) of this

subsection, the parties shall not obtain discovery pursuant to

rules 26 through 36 of the Federal Rules of Civil Procedure,

except that requests for admission may be made pursuant to rules

26 and 36;

(6) if the court finds under this subsection that the Central

Intelligence Agency has improperly withheld requested records

because of failure to comply with any provision of this section,

the court shall order the Central Intelligence Agency to search

and review the appropriate exempted operational file or files for

the requested records and make such records, or portions thereof,

available in accordance with the provisions of section 552 of

title 5 (Freedom of Information Act), and such order shall be the

exclusive remedy for failure to comply with this section; and

(7) if at any time following the filing of a complaint pursuant

to this subsection the Central Intelligence Agency agrees to

search the appropriate exempted operational file or files for the

requested records, the court shall dismiss the claim based upon

such complaint.

-SOURCE-

(July 26, 1947, ch. 343, title VII, Sec. 701, as added Pub. L.

98-477, Sec. 2(a), Oct. 15, 1984, 98 Stat. 2209; amended Pub. L.

104-93, title VII, Sec. 702, Jan. 6, 1996, 109 Stat. 978; Pub. L.

107-306, title III, Sec. 353(b)(10), Nov. 27, 2002, 116 Stat.

2402.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(f)(5), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(3). Pub. L. 107-306 substituted "congressional

intelligence committees" for "intelligence committees of the

Congress".

1996 - Subsec. (b)(3). Pub. L. 104-93 substituted "Office of

Personnel Security" for "Office of Security".

EFFECTIVE DATE

Section 4 of Pub. L. 98-477 provided that: "The amendments made

by subsections (a) and (b) of section 2 [enacting this subchapter

and amending section 552a of Title 5, Government Organization and

Employees] shall be effective upon enactment of this Act [Oct. 15,

1984] and shall apply with respect to any requests for records,

whether or not such request was made prior to such enactment, and

shall apply to all civil actions not commenced prior to February 7,

1984."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402c, 432 of this title;

title 10 section 457.

-End-

-CITE-

50 USC Sec. 432 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES OF THE CENTRAL

INTELLIGENCE AGENCY

-HEAD-

Sec. 432. Decennial review of exempted operational files

-STATUTE-

(a) Review by Director of Central Intelligence

Not less than once every ten years, the Director of Central

Intelligence shall review the exemptions in force under subsection

(a) of section 431 of this title to determine whether such

exemptions may be removed from any category of exempted files or

any portion thereof.

(b) Consideration; historical value; public interest

The review required by subsection (a) of this section shall

include consideration of the historical value or other public

interest in the subject matter of the particular category of files

or portions thereof and the potential for declassifying a

significant part of the information contained therein.

(c) Judicial review

A complainant who alleges that the Central Intelligence Agency

has improperly withheld records because of failure to comply with

this section may seek judicial review in the district court of the

United States of the district in which any of the parties reside,

or in the District of Columbia. In such a proceeding, the court's

review shall be limited to determining (1) whether the Central

Intelligence Agency has conducted the review required by subsection

(a) of this section within ten years of enactment of this title or

within ten years after the last review, and (2) whether the Central

Intelligence Agency, in fact, considered the criteria set forth in

subsection (b) of this section in conducting the required review.

-SOURCE-

(July 26, 1947, ch. 343, title VII, Sec. 702, as added Pub. L.

98-477, Sec. 2(a), Oct. 15, 1984, 98 Stat. 2211.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 15, 1984, and applicable with respect to

any request for records, whether or not such request was made prior

to Oct. 15, 1984, and applicable to all civil actions not commenced

prior to Feb. 7, 1984, see section 4 of Pub. L. 98-477, set out as

a note under section 431 of this title.

DECLASSIFICATION AND RELEASE OF CIA INFORMATION OF HISTORICAL VALUE

Section 3 of Pub. L. 98-477 directed Director of Central

Intelligence, in consultation with Archivist of the United States,

Librarian of Congress, and appropriate representatives of

historical discipline selected by Archivist, to prepare and submit

report to Congress by June 1, 1985, on feasibility of conducting

systematic review for declassification and release of Central

Intelligence Agency information of historical value. Director was

also required to prepare and submit four unclassified reports, one

each six months beginning by Apr. 15, 1985, which were to include a

description of the specific measures established by Director to

improve processing of requests under section 552 of title 5, United

States Code, current budgetary and personnel allocations for such

processing, the number of such requests (i) received and processed

during the preceding six months, and (ii) pending at time of

submission of such report, and an estimate of current average

response time for completing the processing of such requests.

-End-

-CITE-

50 USC SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-End-

-CITE-

50 USC Sec. 435 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-

Sec. 435. Procedures

-STATUTE-

(a) Not later than 180 days after October 14, 1994, the President

shall, by Executive order or regulation, establish procedures to

govern access to classified information which shall be binding upon

all departments, agencies, and offices of the executive branch of

Government. Such procedures shall, at a minimum -

(1) provide that, except as may be permitted by the President,

no employee in the executive branch of Government may be given

access to classified information by any department, agency, or

office of the executive branch of Government unless, based upon

an appropriate background investigation, such access is

determined to be clearly consistent with the national security

interests of the United States;

(2) establish uniform minimum requirements governing the scope

and frequency of background investigations and reinvestigations

for all employees in the executive branch of Government who

require access to classified information as part of their

official responsibilities;

(3) provide that all employees in the executive branch of

Government who require access to classified information shall be

required as a condition of such access to provide to the

employing department or agency written consent which permits

access by an authorized investigative agency to relevant

financial records, other financial information, consumer reports,

travel records, and computers used in the performance of

Government duties, as determined by the President, in accordance

with section 436 of this title, during the period of access to

classified information and for a period of three years

thereafter;

(4) provide that all employees in the executive branch of

Government who require access to particularly sensitive

classified information, as determined by the President, shall be

required, as a condition of maintaining access to such

information, to submit to the employing department or agency,

during the period of such access, relevant information concerning

their financial condition and foreign travel, as determined by

the President, as may be necessary to ensure appropriate

security; and

(5) establish uniform minimum standards to ensure that

employees in the executive branch of Government whose access to

classified information is being denied or terminated under this

subchapter are appropriately advised of the reasons for such

denial or termination and are provided an adequate opportunity to

respond to all adverse information which forms the basis for such

denial or termination before final action by the department or

agency concerned.

(b)(1) Subsection (a) of this section shall not be deemed to

limit or affect the responsibility and power of an agency head

pursuant to other law or Executive order to deny or terminate

access to classified information if the national security so

requires. Such responsibility and power may be exercised only when

the agency head determines that the procedures prescribed by

subsection (a) of this section cannot be invoked in a manner that

is consistent with the national security.

(2) Upon the exercise of such responsibility, the agency head

shall submit a report to the congressional intelligence committees.

-SOURCE-

(July 26, 1947, ch. 343, title VIII, Sec. 801, as added Pub. L.

103-359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3435;

amended Pub. L. 106-120, title III, Sec. 305(a), Dec. 3, 1999, 113

Stat. 1611; Pub. L. 107-306, title III, Sec. 353(b)(2)(B), Nov. 27,

2002, 116 Stat. 2402.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-306 substituted "congressional

intelligence committees" for "Permanent Select Committee on

Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate".

1999 - Subsec. (a)(3). Pub. L. 106-120 substituted "travel

records, and computers used in the performance of Government

duties" for "and travel records".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-120, title III, Sec. 305(c), Dec. 3, 1999, 113 Stat.

1612, provided that: "The President shall modify the procedures

required by section 801(a)(3) of the National Security Act of 1947

[50 U.S.C. 435(a)(3)] to take into account the amendment to that

section made by subsection (a) of this section not later than 90

days after the date of the enactment of this Act [Dec. 3, 1999]."

EFFECTIVE DATE

Section 802(c) of Pub. L. 103-359 provided that: "The amendments

made by subsections (a) and (b) [enacting this subchapter] shall

take effect 180 days after the date of enactment of this Act [Oct.

14, 1994]."

DECLASSIFICATION OF INFORMATION

Pub. L. 106-567, title VII, Dec. 27, 2000, 114 Stat. 2856,

provided that:

"SEC. 701. SHORT TITLE.

"This title may be cited as the 'Public Interest Declassification

Act of 2000'.

"SEC. 702. FINDINGS.

"Congress makes the following findings:

"(1) It is in the national interest to establish an effective,

coordinated, and cost-effective means by which records on

specific subjects of extraordinary public interest that do not

undermine the national security interests of the United States

may be collected, retained, reviewed, and disseminated to

Congress, policymakers in the executive branch, and the public.

"(2) Ensuring, through such measures, public access to

information that does not require continued protection to

maintain the national security interests of the United States is

a key to striking the balance between secrecy essential to

national security and the openness that is central to the proper

functioning of the political institutions of the United States.

"SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.

"(a) Establishment. - There is established within the executive

branch of the United States a board to be known as the 'Public

Interest Declassification Board' (in this title referred to as the

'Board').

"(b) Purposes. - The purposes of the Board are as follows:

"(1) To advise the President, the Assistant to the President

for National Security Affairs, the Director of the Office of

Management and Budget, and such other executive branch officials

as the Board considers appropriate on the systematic, thorough,

coordinated, and comprehensive identification, collection, review

for declassification, and release to Congress, interested

agencies, and the public of declassified records and materials

(including donated historical materials) that are of archival

value, including records and materials of extraordinary public

interest.

"(2) To promote the fullest possible public access to a

thorough, accurate, and reliable documentary record of

significant United States national security decisions and

significant United States national security activities in order

to -

"(A) support the oversight and legislative functions of

Congress;

"(B) support the policymaking role of the executive branch;

"(C) respond to the interest of the public in national

security matters; and

"(D) promote reliable historical analysis and new avenues of

historical study in national security matters.

"(3) To provide recommendations to the President for the

identification, collection, and review for declassification of

information of extraordinary public interest that does not

undermine the national security of the United States, to be

undertaken in accordance with a declassification program that has

been established or may be established by the President by

Executive order.

"(4) To advise the President, the Assistant to the President

for National Security Affairs, the Director of the Office of

Management and Budget, and such other executive branch officials

as the Board considers appropriate on policies deriving from the

issuance by the President of Executive orders regarding the

classification and declassification of national security

information.

"(c) Membership. - (1) The Board shall be composed of nine

individuals appointed from among citizens of the United States who

are preeminent in the fields of history, national security, foreign

policy, intelligence policy, social science, law, or archives,

including individuals who have served in Congress or otherwise in

the Federal Government or have otherwise engaged in research,

scholarship, or publication in such fields on matters relating to

the national security of the United States, of whom -

"(A) five shall be appointed by the President;

"(B) one shall be appointed by the Speaker of the House of

Representatives;

"(C) one shall be appointed by the majority leader of the

Senate;

"(D) one shall be appointed by the minority leader of the

Senate; and

"(E) one shall be appointed by the minority leader of the House

of Representatives.

"(2)(A) Of the members initially appointed to the Board by the

President -

"(i) three shall be appointed for a term of 4 years;

"(ii) one shall be appointed for a term of 3 years; and

"(iii) one shall be appointed for a term of 2 years.

"(B) The members initially appointed to the Board by the Speaker

of the House of Representatives or by the majority leader of the

Senate shall be appointed for a term of 3 years.

"(C) The members initially appointed to the Board by the minority

leader of the House of Representatives or the Senate shall be

appointed for a term of 2 years.

"(D) Any subsequent appointment to the Board shall be for a term

of 3 years.

"(3) A vacancy in the Board shall be filled in the same manner as

the original appointment. A member of the Board appointed to fill a

vacancy before the expiration of a term shall serve for the

remainder of the term.

"(4) A member of the Board may be appointed to a new term on the

Board upon the expiration of the member's term on the Board, except

that no member may serve more than three full terms on the Board.

"(d) Chairperson; Executive Secretary. - (1)(A) The President

shall designate one of the members of the Board as the Chairperson

of the Board.

"(B) The term of service as Chairperson of the Board shall be 2

years.

"(C) A member serving as Chairperson of the Board may be

redesignated as Chairperson of the Board upon the expiration of the

member's term as Chairperson of the Board, except that no member

shall serve as Chairperson of the Board for more than 6 years.

"(2) The Director of the Information Security Oversight Office

shall serve as the Executive Secretary of the Board.

"(e) Meetings. - The Board shall meet as needed to accomplish its

mission, consistent with the availability of funds. A majority of

the members of the Board shall constitute a quorum.

"(f) Staff. - Any employee of the Federal Government may be

detailed to the Board, with the agreement of and without

reimbursement to the detailing agency, and such detail shall be

without interruption or loss of civil, military, or foreign service

status or privilege.

"(g) Security. - (1) The members and staff of the Board shall, as

a condition of appointment to or employment with the Board, hold

appropriate security clearances for access to the classified

records and materials to be reviewed by the Board or its staff, and

shall follow the guidance and practices on security under

applicable Executive orders and Presidential or agency directives.

"(2) The head of an agency shall, as a condition of granting

access to a member of the Board, the Executive Secretary of the

Board, or a member of the staff of the Board to classified records

or materials of the agency under this title, require the member,

the Executive Secretary, or the member of the staff, as the case

may be, to -

"(A) execute an agreement regarding the security of such

records or materials that is approved by the head of the agency;

and

"(B) hold an appropriate security clearance granted or

recognized under the standard procedures and eligibility criteria

of the agency, including any special access approval required for

access to such records or materials.

"(3) The members of the Board, the Executive Secretary of the

Board, and the members of the staff of the Board may not use any

information acquired in the course of their official activities on

the Board for nonofficial purposes.

"(4) For purposes of any law or regulation governing access to

classified information that pertains to the national security of

the United States, and subject to any limitations on access arising

under section 706(b), and to facilitate the advisory functions of

the Board under this title, a member of the Board seeking access to

a record or material under this title shall be deemed for purposes

of this subsection to have a need to know the contents of the

record or material.

"(h) Compensation. - (1) Each member of the Board shall receive

compensation at a rate not to exceed the daily equivalent of the

annual rate of basic pay payable for positions at ES-1 of the

Senior Executive Service under section 5382 of title 5, United

States Code, for each day such member is engaged in the actual

performance of duties of the Board.

"(2) Members of the Board shall be allowed travel expenses,

including per diem in lieu of subsistence at rates authorized for

employees of agencies under subchapter I of chapter 57 of title 5,

United States Code, while away from their homes or regular places

of business in the performance of the duties of the Board.

"(i) Guidance; Annual Budget. - (1) On behalf of the President,

the Assistant to the President for National Security Affairs shall

provide guidance on policy to the Board.

"(2) The Executive Secretary of the Board, under the direction of

the Chairperson of the Board and the Board, and acting in

consultation with the Archivist of the United States, the Assistant

to the President for National Security Affairs, and the Director of

the Office of Management and Budget, shall prepare the annual

budget of the Board.

"(j) Support. - The Information Security Oversight Office may

support the activities of the Board under this title. Such support

shall be provided on a reimbursable basis.

"(k) Public Availability of Records and Reports. - (1) The Board

shall make available for public inspection records of its

proceedings and reports prepared in the course of its activities

under this title to the extent such records and reports are not

classified and would not be exempt from release under the

provisions of section 552 of title 5, United States Code.

"(2) In making records and reports available under paragraph (1),

the Board shall coordinate the release of such records and reports

with appropriate officials from agencies with expertise in

classified information in order to ensure that such records and

reports do not inadvertently contain classified information.

"(l) Applicability of Certain Administrative Laws. - The

provisions of the Federal Advisory Committee Act (5 U.S.C. App.)

shall not apply to the activities of the Board under this title.

However, the records of the Board shall be governed by the

provisions of the Federal Records Act of 1950 [see References in

Text note under section 450j of Title 25, Indians].

"SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR

DECLASSIFICATION OF INFORMATION OF ARCHIVAL VALUE OR

EXTRAORDINARY PUBLIC INTEREST.

"(a) Briefings on Agency Declassification Programs. - (1) As

requested by the Board, or by the Select Committee on Intelligence

of the Senate or the Permanent Select Committee on Intelligence of

the House of Representatives, the head of any agency with the

authority under an Executive order to classify information shall

provide to the Board, the Select Committee on Intelligence of the

Senate, or the Permanent Select Committee on Intelligence of the

House of Representatives, on an annual basis, a summary briefing

and report on such agency's progress and plans in the

declassification of national security information. Such briefing

shall cover the declassification goals set by statute, regulation,

or policy, the agency's progress with respect to such goals, and

the agency's planned goals and priorities for its declassification

activities over the next 2 fiscal years. Agency briefings and

reports shall give particular attention to progress on the

declassification of records and materials that are of archival

value or extraordinary public interest to the people of the United

States.

"(2)(A) The annual briefing and report under paragraph (1) for

agencies within the Department of Defense, including the military

departments and the elements of the intelligence community, shall

be provided on a consolidated basis.

"(B) In this paragraph, the term 'elements of the intelligence

community' means the elements of the intelligence community

specified or designated under section 3(4) of the National Security

Act of 1947 (50 U.S.C. 401a(4)).

"(b) Recommendations on Agency Declassification Programs. - (1)

Upon reviewing and discussing declassification plans and progress

with an agency, the Board shall provide to the head of the agency

the written recommendations of the Board as to how the agency's

declassification program could be improved. A copy of each

recommendation shall also be submitted to the Assistant to the

President for National Security Affairs and the Director of the

Office of Management and Budget.

"(2) Consistent with the provisions of section 703(k), the

Board's recommendations to the head of an agency under paragraph

(1) shall become public 60 days after such recommendations are sent

to the head of the agency under that paragraph.

"(c) Recommendations on Special Searches for Records of

Extraordinary Public Interest. - (1) The Board shall also make

recommendations to the President regarding proposed initiatives to

identify, collect, and review for declassification classified

records and materials of extraordinary public interest.

"(2) In making recommendations under paragraph (1), the Board

shall consider the following:

"(A) The opinions and requests of Members of Congress,

including opinions and requests expressed or embodied in letters

or legislative proposals.

"(B) The opinions and requests of the National Security

Council, the Director of Central Intelligence, and the heads of

other agencies.

"(C) The opinions of United States citizens.

"(D) The opinions of members of the Board.

"(E) The impact of special searches on systematic and all other

on-going declassification programs.

"(F) The costs (including budgetary costs) and the impact that

complying with the recommendations would have on agency budgets,

programs, and operations.

"(G) The benefits of the recommendations.

"(H) The impact of compliance with the recommendations on the

national security of the United States.

"(d) President's Declassification Priorities. - (1) Concurrent

with the submission to Congress of the budget of the President each

fiscal year under section 1105 of title 31, United States Code, the

Director of the Office of Management and Budget shall publish a

description of the President's declassification program and

priorities, together with a listing of the funds requested to

implement that program.

"(2) Nothing in this title shall be construed to substitute or

supersede, or establish a funding process for, any declassification

program that has been established or may be established by the

President by Executive order.

"SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER

INFORMATION.

"(a) In General. - Nothing in this title shall be construed to

limit the authority of the head of an agency to classify

information or to continue the classification of information

previously classified by that agency.

"(b) Special Access Programs. - Nothing in this title shall be

construed to limit the authority of the head of an agency to grant

or deny access to a special access program.

"(c) Authorities of Director of Central Intelligence. - Nothing

in this title shall be construed to limit the authorities of the

Director of Central Intelligence as the head of the intelligence

community, including the Director's responsibility to protect

intelligence sources and methods from unauthorized disclosure as

required by section 103(c)(6) [now (c)(7)] of the National Security

Act of 1947 (50 U.S.C. 403-3(c)(6) [now (c)(7)]).

"(d) Exemptions to Release of Information. - Nothing in this

title shall be construed to limit any exemption or exception to the

release to the public under this title of information that is

protected under subsection (b) of section 552 of title 5, United

States Code (commonly referred to as the 'Freedom of Information

Act'), or section 552a of title 5, United States Code (commonly

referred to as the 'Privacy Act').

"(e) Withholding Information From Congress. - Nothing in this

title shall be construed to authorize the withholding of

information from Congress.

"SEC. 706. STANDARDS AND PROCEDURES.

"(a) Liaison. - (1) The head of each agency with the authority

under an Executive order to classify information and the head of

each Federal Presidential library shall designate an employee of

such agency or library to act as liaison to the Board for purposes

of this title.

"(2) The Board may establish liaison and otherwise consult with

such other historical and advisory committees as the Board

considers appropriate for purposes of this title.

"(b) Limitations on Access. - (1)(A) Except as provided in

paragraph (2), if the head of an agency or the head of a Federal

Presidential library determines it necessary to deny or restrict

access of the Board, or of the agency or library liaison to the

Board, to information contained in a record or material, in whole

or in part, the head of the agency or the head of the library shall

promptly notify the Board in writing of such determination.

"(B) Each notice to the Board under subparagraph (A) shall

include a description of the nature of the records or materials,

and a justification for the determination, covered by such notice.

"(2) In the case of a determination referred to in paragraph (1)

with respect to a special access program created by the Secretary

of Defense, the Director of Central Intelligence, or the head of

any other agency, the notification of denial of access under

paragraph (1), including a description of the nature of the Board's

request for access, shall be submitted to the Assistant to the

President for National Security Affairs rather than to the Board.

"(c) Discretion To Disclose. - At the conclusion of a

declassification review, the head of an agency may, in the

discretion of the head of the agency, determine that the public's

interest in the disclosure of records or materials of the agency

covered by such review, and still properly classified, outweighs

the Government's need to protect such records or materials, and may

release such records or materials in accordance with the provisions

of Executive Order No. 12958 [set out below] or any successor order

to such Executive order.

"(d) Discretion To Protect. - At the conclusion of a

declassification review, the head of an agency may, in the

discretion of the head of the agency, determine that the interest

of the agency in the protection of records or materials of the

agency covered by such review, and still properly classified,

outweighs the public's need for access to such records or

materials, and may deny release of such records or materials in

accordance with the provisions of Executive Order No. 12958 or any

successor order to such Executive order.

"(e) Reports. - (1)(A) Except as provided in paragraph (2), the

Board shall annually submit to the appropriate congressional

committees a report on the activities of the Board under this

title, including summary information regarding any denials to the

Board by the head of an agency or the head of a Federal

Presidential library of access to records or materials under this

title.

"(B) In this paragraph, the term 'appropriate congressional

committees' means the Select Committee on Intelligence and the

Committee on Governmental Affairs of the Senate and the Permanent

Select Committee on Intelligence and the Committee on Government

Reform of the House of Representatives.

"(2) Notwithstanding paragraph (1), notice that the Board has

been denied access to records and materials, and a justification

for the determination in support of the denial, shall be submitted

by the agency denying the access as follows:

"(A) In the case of the denial of access to a special access

program created by the Secretary of Defense, to the Committees on

Armed Services and Appropriations of the Senate and to the

Committees on Armed Services and Appropriations of the House of

Representatives.

"(B) In the case of the denial of access to a special access

program created by the Director of Central Intelligence, or by

the head of any other agency (including the Department of

Defense) if the special access program pertains to intelligence

activities, or of access to any information and materials

relating to intelligence sources and methods, to the Select

Committee on Intelligence of the Senate and the Permanent Select

Committee on Intelligence of the House of Representatives.

"(C) In the case of the denial of access to a special access

program created by the Secretary of Energy or the Administrator

for Nuclear Security, to the Committees on Armed Services and

Appropriations and the Select Committee on Intelligence of the

Senate and to the Committees on Armed Services and Appropriations

and the Permanent Select Committee on Intelligence of the House

of Representatives.

"SEC. 707. JUDICIAL REVIEW.

"Nothing in this title limits the protection afforded to any

information under any other provision of law. This title is not

intended and may not be construed to create any right or benefit,

substantive or procedural, enforceable against the United States,

its agencies, its officers, or its employees. This title does not

modify in any way the substantive criteria or procedures for the

classification of information, nor does this title create any right

or benefit subject to judicial review.

"SEC. 708. FUNDING.

"(a) Authorization of Appropriations. - There is hereby

authorized to be appropriated to carry out the provisions of this

title amounts as follows:

"(1) For fiscal year 2001, $650,000.

"(2) For each fiscal year after fiscal year 2001, such sums as

may be necessary for such fiscal year.

"(b) Funding Requests. - The President shall include in the

budget submitted to Congress for each fiscal year under section

1105 of title 31, United States Code, a request for amounts for the

activities of the Board under this title during such fiscal year.

"SEC. 709. DEFINITIONS.

"In this title:

"(1) Agency. - (A) Except as provided in subparagraph (B), the

term 'agency' means the following:

"(i) An Executive agency, as that term is defined in section

105 of title 5, United States Code.

"(ii) A military department, as that term is defined in

section 102 of such title.

"(iii) Any other entity in the executive branch that comes

into the possession of classified information.

"(B) The term does not include the Board.

"(2) Classified material or record. - The terms 'classified

material' and 'classified record' include any correspondence,

memorandum, book, plan, map, drawing, diagram, pictorial or

graphic work, photograph, film, microfilm, sound recording,

videotape, machine readable records, and other documentary

material, regardless of physical form or characteristics, that

has been determined pursuant to Executive order to require

protection against unauthorized disclosure in the interests of

the national security of the United States.

"(3) Declassification. - The term 'declassification' means the

process by which records or materials that have been classified

are determined no longer to require protection from unauthorized

disclosure to protect the national security of the United States.

"(4) Donated historical material. - The term 'donated

historical material' means collections of personal papers donated

or given to a Federal Presidential library or other archival

repository under a deed of gift or otherwise.

"(5) Federal presidential library. - The term 'Federal

Presidential library' means a library operated and maintained by

the United States Government through the National Archives and

Records Administration under the applicable provisions of the

Federal Records Act of 1950 [see References in Text note under

section 450j of Title 25, Indians].

"(6) National security. - The term 'national security' means

the national defense or foreign relations of the United States.

"(7) Records or materials of extraordinary public interest. -

The term 'records or materials of extraordinary public interest'

means records or materials that -

"(A) demonstrate and record the national security policies,

actions, and decisions of the United States, including -

"(i) policies, events, actions, and decisions which led to

significant national security outcomes; and

"(ii) the development and evolution of significant United

States national security policies, actions, and decisions;

"(B) will provide a significantly different perspective in

general from records and materials publicly available in other

historical sources; and

"(C) would need to be addressed through ad hoc record

searches outside any systematic declassification program

established under Executive order.

"(8) Records of archival value. - The term 'records of archival

value' means records that have been determined by the Archivist

of the United States to have sufficient historical or other value

to warrant their continued preservation by the Federal

Government.

"SEC. 710. EFFECTIVE DATE; SUNSET.

"(a) Effective Date. - This title shall take effect on the date

that is 120 days after the date of the enactment of this Act [Dec.

27, 2000].

"(b) Sunset. - The provisions of this title shall expire 4 years

after the date of the enactment of this Act, unless reauthorized by

statute."

COMPILATION AND ORGANIZATION OF PREVIOUSLY DECLASSIFIED RECORDS

Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1075(c), (d)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-280, provided that:

"(c) Compilation and Organization of Records. - The Department of

Defense may not be required, when conducting a special search, to

compile or organize records that have already been declassified and

placed into the public domain.

"(d) Special Searches. - For the purpose of this section, the

term 'special search' means the response of the Department of

Defense to any of the following:

"(1) A statutory requirement to conduct a declassification

review on a specified set of agency records.

"(2) An Executive order to conduct a declassification review on

a specified set of agency records.

"(3) An order from the President or an official with delegated

authority from the President to conduct a declassification review

on a specified set of agency records."

CERTIFICATION AND REPORT RELATED TO AUTOMATIC DECLASSIFICATION OF

DEPARTMENT OF DEFENSE RECORDS

Pub. L. 106-65, div. A, title X, Sec. 1041(c), (d), Oct. 5, 1999,

113 Stat. 758, provided that:

"(c) Certification Required With Respect To Automatic

Declassification of Records. - No records of the Department of

Defense that have not been reviewed for declassification shall be

subject to automatic declassification unless the Secretary of

Defense certifies to Congress that such declassification would not

harm the national security.

"(d) Report on Automatic Declassification of Department of

Defense Records. - Not later than February 1, 2001, the Secretary

of Defense shall submit to the Committee on Armed Services of the

House of Representatives and the Committee on Armed Services of the

Senate a report on the efforts of the Department of Defense

relating to the declassification of classified records under the

control of the Department of Defense. Such report shall include the

following:

"(1) An assessment of whether the Department will be able to

review all relevant records for declassification before any date

established for automatic declassification.

"(2) An estimate of the cost of reviewing records to meet any

requirement to review all relevant records for declassification

by a date established for automatic declassification.

"(3) An estimate of the number of records, if any, that the

Department will be unable to review for declassification before

any such date and the affect [sic] on national security of the

automatic declassification of those records.

"(4) An estimate of the length of time by which any such date

would need to be extended to avoid the automatic declassification

of records that have not yet been reviewed as of such date."

SUPPLEMENT TO PLAN FOR DECLASSIFICATION OF RESTRICTED DATA AND

FORMERLY RESTRICTED DATA

Pub. L. 106-65, div. C, title XXXI, Sec. 3149, Oct. 5, 1999, 113

Stat. 938, provided that:

"(a) Supplement to Plan. - The Secretary of Energy and the

Archivist of the United States shall, after consultation with the

members of the National Security Council and in consultation with

the Secretary of Defense and the heads of other appropriate Federal

agencies, develop a supplement to the plan required under

subsection (a) of section 3161 of the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261;

112 Stat. 2260 [2259]; 50 U.S.C. 435 note).

"(b) Contents of Supplement. - The supplement shall provide for

the application of that plan (including in particular the element

of the plan required by section 3161(b)(1) of that Act) to all

records subject to Executive Order No. 12958 [set out below] that

were determined before the date of the enactment of that Act [Oct.

17, 1998] to be suitable for declassification.

"(c) Limitation on Declassification of Records. - All records

referred to in subsection (b) shall be treated, for purposes of

section 3161(c) of that Act, in the same manner as records referred

to in section 3161(a) of that Act.

"(d) Submission of Supplement. - The Secretary of Energy shall

submit the supplement required under subsection (a) to the

recipients of the plan referred to in section 3161(d) of that Act."

IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR DECLASSIFICATION

ACTIVITIES AND LIMITATION ON EXPENDITURES FOR SUCH ACTIVITIES

Pub. L. 106-65, div. C, title XXXI, Sec. 3173, Oct. 5, 1999, 113

Stat. 949, provided that:

"(a) Amounts for Declassification of Records. - The Secretary of

Energy shall include in the budget justification materials

submitted to Congress in support of the Department of Energy budget

for any fiscal year (as submitted with the budget of the President

under section 1105(a) of title 31, United States Code) specific

identification, as a budgetary line item, of the amounts required

to carry out programmed activities during that fiscal year to

declassify records pursuant to Executive Order No. 12958 (50 U.S.C.

435 note), or any successor Executive order, or to comply with any

statutory requirement to declassify Government records.

"(b) Certification Required With Respect To Automatic

Declassification of Records. - No records of the Department of

Energy that have not as of the date of the enactment of this Act

[Oct. 5, 1999] been reviewed for declassification shall be subject

to automatic declassification unless the Secretary of Energy

certifies to Congress that such declassification would not harm the

national security.

"(c) Report on Automatic Declassification of Department of Energy

Records. - Not later than February 1, 2001, the Secretary of Energy

shall submit to the Committee on Armed Services of the House of

Representatives and the Committee on Armed Services of the Senate a

report on the efforts of the Department of Energy relating to the

declassification of classified records under the control of the

Department of Energy. Such report shall include the following:

"(1) An assessment of whether the Department will be able to

review all relevant records for declassification before any date

established for automatic declassification.

"(2) An estimate of the number of records, if any, that the

Department will be unable to review for declassification before

any such date and the effect on national security of the

automatic declassification of those records.

"(3) An estimate of the length of time by which any such date

would need to be extended to avoid the automatic declassification

of records that have not yet been reviewed as of such date."

PROTECTION AGAINST INADVERTENT RELEASE OF RESTRICTED DATA AND

FORMERLY RESTRICTED DATA

Pub. L. 105-261, div. C, title XXXI, Sec. 3161, Oct. 17, 1998,

112 Stat. 2259, as amended by Pub. L. 106-65, div. A, title X, Sec.

1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec. 1 [div.

C, title XXXI, Sec. 3193(a)], Oct. 30, 2000, 114 Stat. 1654,

1654A-480, provided that:

"(a) Plan for Protection Against Release. - The Secretary of

Energy and the Archivist of the United States shall, after

consultation with the members of the National Security Council and

in consultation with the Secretary of Defense and the heads of

other appropriate Federal agencies, develop a plan to prevent the

inadvertent release of records containing Restricted Data or

Formerly Restricted Data during the automatic declassification of

records under Executive Order No. 12958 (50 U.S.C. 435 note).

"(b) Plan Elements. - The plan under subsection (a) shall include

the following:

"(1) The actions to be taken in order to ensure that records

subject to Executive Order No. 12958 are reviewed on a

page-by-page basis for Restricted Data and Formerly Restricted

Data unless they have been determined to be highly unlikely to

contain Restricted Data or Formerly Restricted Data.

"(2) The criteria and process by which documents are determined

to be highly unlikely to contain Restricted Data or Formerly

Restricted Data.

"(3) The actions to be taken in order to ensure proper

training, supervision, and evaluation of personnel engaged in

declassification under that Executive order so that such

personnel recognize Restricted Data and Formerly Restricted Data.

"(4) The extent to which automated declassification

technologies will be used under that Executive order to protect

Restricted Data and Formerly Restricted Data from inadvertent

release.

"(5) Procedures for periodic review and evaluation by the

Secretary of Energy, in consultation with the Director of the

Information Security Oversight Office of the National Archives

and Records Administration, of compliance by Federal agencies

with the plan.

"(6) Procedures for resolving disagreements among Federal

agencies regarding declassification procedures and decisions

under the plan.

"(7) The funding, personnel, and other resources required to

carry out the plan.

"(8) A timetable for implementation of the plan.

"(c) Limitation on Declassification of Certain Records. - (1)

Effective on the date of the enactment of this Act [Oct. 17, 1998]

and except as provided in paragraph (3), a record referred to in

subsection (a) may not be declassified unless the agency having

custody of the record reviews the record on a page-by-page basis to

ensure that the record does not contain Restricted Data or Formerly

Restricted Data.

"(2) Any record determined as a result of a review under

paragraph (1) to contain Restricted Data or Formerly Restricted

Data may not be declassified until the Secretary of Energy, in

conjunction with the head of the agency having custody of the

record, determines that the document is suitable for

declassification.

"(3) After the date occurring 60 days after the submission of the

plan required by subsection (a) to the committees referred to in

paragraphs (1) and (2) of subsection (d), the requirement under

paragraph (1) to review a record on a page-by-page basis shall not

apply in the case of a record determined, under the actions

specified in the plan pursuant to subsection (b)(1), to be a record

that is highly unlikely to contain Restricted Data or Formerly

Restricted Data.

"(d) Submission of Plan. - The Secretary of Energy shall submit

the plan required under subsection (a) to the following:

"(1) The Committee on Armed Services of the Senate.

"(2) The Committee on Armed Services of the House of

Representatives.

"(3) The Assistant to the President for National Security

Affairs.

"(e) Submission of Reviews. - The Secretary of Energy shall, on a

periodic basis, submit a summary of the results of the periodic

reviews and evaluations specified in the plan pursuant to

subsection (b)(4) to the committees and Assistant to the President

specified in subsection (d).

"(f) Report and Notification Regarding Inadvertent Releases. -

(1) The Secretary of Energy shall submit to the committees and

Assistant to the President specified in subsection (d) a report on

inadvertent releases of Restricted Data or Formerly Restricted Data

under Executive Order No. 12958 that occurred before the date of

the enactment of this Act.

"(2) The Secretary of Energy shall, on a quarterly basis, submit

a report to the committees and Assistant to the President specified

in subsection (d). The report shall state whether any inadvertent

releases described in paragraph (1) occurred during the immediately

preceding quarter and, if so, shall identify each such release.

"(g) Definition. - In this section, the term 'Restricted Data'

has the meaning given that term in section 11 y. of the Atomic

Energy Act of 1954 (42 U.S.C. 2014(y))."

[Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3193(b)], Oct.

30, 2000, 114 Stat. 1654, 1654A-481, provided that: "The amendment

made by subsection (a) [amending section 3161 of Pub. L. 105-261,

set out above] apply [sic] with respect to inadvertent releases of

Restricted Data and Formerly Restricted Data that are discovered on

or after the date of the enactment of this Act [Oct. 30, 2000]."]

SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES

Pub. L. 104-93, title III, Sec. 306, Jan. 6, 1996, 109 Stat. 966,

provided that: "Notwithstanding any other provision of law not

specifically referencing this section, a nondisclosure policy form

or agreement that is to be executed by a person connected with the

conduct of an intelligence or intelligence-related activity, other

than an employee or officer of the United States Government, may

contain provisions appropriate to the particular activity for which

such document is to be used. Such form or agreement shall, at a

minimum -

"(1) require that the person will not disclose any classified

information received in the course of such activity unless

specifically authorized to do so by the United States Government;

and

"(2) provide that the form or agreement does not bar -

"(A) disclosures to Congress; or

"(B) disclosures to an authorized official of an executive

agency that are deemed essential to reporting a violation of

United States law."

VOLUNTARY SERVICE PROGRAM

Pub. L. 104-93, title IV, Sec. 402, Jan. 6, 1996, 109 Stat. 969,

provided that:

"(a) General Authority. - The Director of Central Intelligence is

authorized to establish and maintain a program from fiscal years

1996 through 2001 to utilize the services contributed by not more

than 50 annuitants who serve without compensation as volunteers in

aid of the review for declassification or downgrading of classified

information by the Central Intelligence Agency under applicable

Executive orders governing the classification and declassification

of national security information and Public Law 102-526 [44 U.S.C.

2107 note].

"(b) Costs Incidental to Services. - The Director is authorized

to use sums made available to the Central Intelligence Agency by

appropriations or otherwise for paying the costs incidental to the

utilization of services contributed by individuals under subsection

(a). Such costs may include (but need not be limited to) training,

transportation, lodging, subsistence, equipment, and supplies. The

Director may authorize either direct procurement of equipment,

supplies, and services, or reimbursement for expenses, incidental

to the effective use of volunteers. Such expenses or services shall

be in accordance with volunteer agreements made with such

individuals. Sums made available for such costs may not exceed

$100,000.

"(c) Application of Certain Provisions of Law. - A volunteer

under this section shall be considered to be a Federal employee for

the purposes of subchapter I of title [chapter] 81 [of title 5]

(relating to compensation of Federal employees for work injuries)

and section 1346(b) and chapter 171 of title 28 (relating to tort

claims). A volunteer under this section shall be covered by and

subject to the provisions of chapter 11 of title 18 of the United

States Code as if they were employees or special Government

employees depending upon the days of expected service at the time

they begin volunteering."

COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY

Pub. L. 103-236, title IX, Apr. 30, 1994, 108 Stat. 525, provided

that:

"SEC. 901. SHORT TITLE.

"This title may be cited as the 'Protection and Reduction of

Government Secrecy Act'.

"SEC. 902. FINDINGS.

"The Congress makes the following findings:

"(1) During the Cold War an extensive secrecy system developed

which limited public access to information and reduced the

ability of the public to participate with full knowledge in the

process of governmental decisionmaking.

"(2) In 1992 alone 6,349,532 documents were classified and

approximately three million persons held some form of security

clearance.

"(3) The burden of managing more than 6 million newly

classified documents every year has led to tremendous

administrative expense, reduced communication within the

government and within the scientific community, reduced

communication between the government and the people of the United

States, and the selective and unauthorized public disclosure of

classified information.

"(4) It has been estimated that private businesses spend more

than $14 billion each year implementing government mandated

regulations for protecting classified information.

"(5) If a smaller amount of truly sensitive information were

classified the information could be held more securely.

"(6) In 1970 a Task Force organized by the Defense Science

Board and headed by Dr. Frederick Seitz concluded that 'more

might be gained than lost if our Nation were to adopt -

unilaterally, if necessary - a policy of complete openness in all

areas of information'.

"(7) The procedures for granting security clearances have

themselves become an expensive and inefficient part of the

secrecy system and should be closely examined.

"(8) A bipartisan study commission specially constituted for

the purpose of examining the consequences of the secrecy system

will be able to offer comprehensive proposals for reform.

"SEC. 903. PURPOSE.

"It is the purpose of this title to establish for a two-year

period a Commission on Protecting and Reducing Government Secrecy -

"(1) to examine the implications of the extensive

classification of information and to make recommendations to

reduce the volume of information classified and thereby to

strengthen the protection of legitimately classified information;

and

"(2) to examine and make recommendations concerning current

procedures relating to the granting of security clearances.

"SEC. 904. COMPOSITION OF THE COMMISSION.

"(a) Establishment. - To carry out the purpose of this title,

there is established a Commission on Protecting and Reducing

Government Secrecy (in this title referred to as the 'Commission').

"(b) Composition. - The Commission shall be composed of twelve

members, as follows:

"(1) Four members appointed by the President, of whom two shall

be appointed from the executive branch of the Government and two

shall be appointed from private life.

"(2) Two members appointed by the Majority Leader of the

Senate, of whom one shall be a Member of the Senate and one shall

be appointed from private life.

"(3) Two members appointed by the Minority Leader of the

Senate, of whom one shall be a Member of the Senate and one shall

be appointed from private life.

"(4) Two members appointed by the Speaker of the House of

Representatives, of whom one shall be a Member of the House and

one shall be appointed from private life.

"(5) Two members appointed by the Minority Leader of the House

of Representatives, of whom one shall be a Member of the House

and one shall be appointed from private life.

"(c) Chairman. - The Commission shall elect a Chairman from among

its members.

"(d) Quorum; Vacancies. - After its initial meeting, the

Commission shall meet upon the call of the Chairman or a majority

of its members. Seven members of the Commission shall constitute a

quorum. Any vacancy in the Commission shall not affect its powers

but shall be filled in the same manner in which the original

appointment was made.

"(e) Appointment of Members; Initial Meeting. - (1) It is the

sense of the Congress that members of the Commission should be

appointed not later than 60 days after the date of enactment of

this title [Apr. 30, 1994].

"(2) If after 60 days from the date of enactment of this Act

seven or more members of the Commission have been appointed, those

members who have been appointed may meet and select a Chairman who

thereafter shall have authority to begin the operations of the

Commission, including the hiring of staff.

"SEC. 905. FUNCTIONS OF THE COMMISSION.

"The functions of the Commission shall be -

"(1) to conduct, for a period of 2 years from the date of its

first meeting, an investigation into all matters in any way

related to any legislation, executive order, regulation,

practice, or procedure relating to classified information or

granting security clearances; and

"(2) to submit to the Congress a final report containing such

recommendations concerning the classification of national

security information and the granting of security clearances as

the Commission shall determine, including proposing new

procedures, rules, regulations, or legislation.

"SEC. 906. POWERS OF THE COMMISSION.

"(a) In General. - (1) The Commission or, on the authorization of

the Commission, any subcommittee or member thereof, may, for the

purpose of carrying out the provisions of this title -

"(A) hold such hearings and sit and act at such times and

places, take such testimony, receive such evidence, administer

such oaths, and

"(B) require, by subpoena or otherwise, the attendance and

testimony of such witnesses and the production of such books,

records, correspondence, memoranda, papers, and documents,

as the Commission or such designated subcommittee or designated

member may deem advisable.

"(2) Subpoenas issued under paragraph (1)(B) may be issued under

the signature of the Chairman of the Commission, the chairman of

any designated subcommittee, or any designated member, and may be

served by any person designated by such Chairman, subcommittee

chairman, or member. The provisions of sections 102 through 104 of

the Revised Statutes of the United States (2 U.S.C. 192-194) shall

apply in the case of any failure of any witness to comply with any

subpoena or to testify when summoned under authority of this

section.

"(b) Contracting. - The Commission may, to such extent and in

such amounts as are provided in appropriation Acts, enter into

contracts to enable the Commission to discharge its duties under

this title.

"(c) Information From Federal Agencies. - The Commission is

authorized to secure directly from any executive department,

bureau, agency, board, commission, office, independent

establishment, or instrumentality of the Government information,

suggestions, estimates, and statistics for the purposes of this

title. Each such department, bureau, agency, board, commission,

office, establishment, or instrumentality shall, to the extent

authorized by law, furnish such information, suggestions,

estimates, and statistics directly to the Commission, upon request

made by the Chairman.

"(d) Assistance From Federal Agencies. - (1) The Secretary of

State is authorized on a reimbursable or non-reimbursable basis to

provide the Commission with administrative services, funds,

facilities, staff, and other support services for the performance

of the Commission's functions.

"(2) The Administrator of General Services shall provide to the

Commission on a reimbursable basis such administrative support

services as the Commission may request.

"(3) In addition to the assistance set forth in paragraphs (1)

and (2), departments and agencies of the United States are

authorized to provide to the Commission such services, funds,

facilities, staff, and other support services as they may deem

advisable and as may be authorized by law.

"(e) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

"(f) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as

departments and agencies of the United States.

"SEC. 907. STAFF OF THE COMMISSION.

"(a) In General. - The Chairman, in accordance with rules agreed

upon by the Commission, may appoint and fix the compensation of a

staff director and such other personnel as may be necessary to

enable the Commission 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 to a person occupying a position at

level V of the Executive Schedule under section 5316 of title 5,

United States Code. Any Federal Government employee may be detailed

to the Commission without reimbursement from the Commission, and

such detailee shall retain the rights, status, and privileges of

his or her regular employment without interruption.

"(b) Consultant Services. - The Commission is authorized to

procure the services of experts and consultants in accordance with

section 3109 of title 5, United States Code, but at rates not to

exceed the daily rate paid a person occupying a position at level

IV of the Executive Schedule under section 5315 of title 5, United

States Code.

"SEC. 908. COMPENSATION AND TRAVEL EXPENSES.

"(a) Compensation. - (1) Except as provided in paragraph (2),

each member of the Commission may be compensated at not to exceed

the daily equivalent of the annual rate of basic pay in effect for

a position at level IV of the Executive Schedule under section 5315

of title 5, United States Code, for each day during which that

member is engaged in the actual performance of the duties of the

Commission.

"(2) Members of the Commission who are officers or employees of

the United States or Members of Congress shall receive no

additional pay on account of their service on the Commission.

"(b) Travel Expenses. - While away from their homes or regular

places of business in the performance of services for the

Commission, members of the Commission shall be allowed travel

expenses, including per diem in lieu of subsistence, in the same

manner as persons employed intermittently in the Government service

are allowed expenses under section 5703(b) of title 5, United

States Code.

"SEC. 909. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

"The appropriate executive departments and agencies shall

cooperate with the Commission in expeditiously providing to the

Commission members and staff appropriate security clearances in a

manner consistent with existing procedures and requirements, except

that no person shall be provided with access to classified

information pursuant to this section who would not otherwise

qualify for such security clearance.

"SEC. 910. FINAL REPORT OF COMMISSION; TERMINATION.

"(a) Final Report. - Not later than two years after the date of

the first meeting of the Commission, the Commission shall submit to

the Congress its final report, as described in section 905(2).

"(b) Termination. - (1) The Commission, and all the authorities

of this title, shall terminate on the date which is 60 days after

the date on which a final report is required to be transmitted

under subsection (a).

"(2) The Commission may use the 60-day period referred to in

paragraph (1) for the purpose of concluding its activities,

including providing testimony to committees of Congress concerning

its final report and disseminating that report."

REPORTS RELATING TO CERTAIN SPECIAL ACCESS PROGRAMS AND SIMILAR

PROGRAMS

Pub. L. 103-160, div. A, title XI, Sec. 1152, Nov. 30, 1993, 107

Stat. 1758, as amended by Pub. L. 106-65, div. C, title XXXII, Sec.

3294(e)(2), Oct. 5, 1999, 113 Stat. 970, provided that:

"(a) In General. - (1) Not later than February 1 of each year,

the head of each covered department or agency shall submit to

Congress a report on each special access program carried out in the

department or agency.

"(2) Each such report shall set forth -

"(A) the total amount requested by the department or agency for

special access programs within the budget submitted under section

1105 of title 31, United States Code, for the fiscal year

following the fiscal year in which the report is submitted; and

"(B) for each program in such budget that is a special access

program -

"(i) a brief description of the program;

"(ii) in the case of a procurement program, a brief

discussion of the major milestones established for the program;

"(iii) the actual cost of the program for each fiscal year

during which the program has been conducted before the fiscal

year during which that budget is submitted; and

"(iv) the estimated total cost of the program and the

estimated cost of the program for (I) the current fiscal year,

(II) the fiscal year for which the budget is submitted, and

(III) each of the four succeeding fiscal years during which the

program is expected to be conducted.

"(b) Newly Designated Programs. - (1) Not later than February 1

of each year, the head of each covered department or agency shall

submit to Congress a report that, with respect to each new special

access program of that department or agency, provides -

"(A) notice of the designation of the program as a special

access program; and

"(B) justification for such designation.

"(2) A report under paragraph (1) with respect to a program shall

include -

"(A) the current estimate of the total program cost for the

program; and

"(B) an identification, as applicable, of existing programs or

technologies that are similar to the technology, or that have a

mission similar to the technology, or that have a mission similar

to the mission, of the program that is the subject of the notice.

"(3) In this subsection, the term 'new special access program'

means a special access program that has not previously been covered

in a notice and justification under this subsection.

"(c) Revision in Classification of Programs. - (1) Whenever a

change in the classification of a special access program of a

covered department or agency is planned to be made or whenever

classified information concerning a special access program of a

covered department or agency is to be declassified and made public,

the head of the department or agency shall submit to Congress a

report containing a description of the proposed change or the

information to be declassified, the reasons for the proposed change

or declassification, and notice of any public announcement planned

to be made with respect to the proposed change or declassification.

"(2) Except as provided in paragraph (3), a report referred to in

paragraph (1) shall be submitted not less than 14 days before the

date on which the proposed change, declassification, or public

announcement is to occur.

"(3) If the head of the department or agency determines that

because of exceptional circumstances the requirement of paragraph

(2) cannot be met with respect to a proposed change,

declassification, or public announcement concerning a special

access program of the department or agency, the head of the

department or agency may submit the report required by paragraph

(1) regarding the proposed change, declassification, or public

announcement at any time before the proposed change,

declassification, or public announcement is made and shall include

in the report an explanation of the exceptional circumstances.

"(d) Revision of Criteria for Designating Programs. - Whenever

there is a modification or termination of the policy and criteria

used for designating a program of a covered department or agency as

a special access program, the head of the department or agency

shall promptly notify Congress of such modification or termination.

Any such notification shall contain the reasons for the

modification or termination and, in the case of a modification, the

provisions of the policy as modified.

"(e) Waiver of Reporting Requirement. - (1) The head of a covered

department or agency may waive any requirement under subsection

(a), (b), or (c) that certain information be included in a report

under that subsection if the head of the department or agency

determines that inclusion of that information in the report would

adversely affect the national security. Any such waiver shall be

made on a case-by-case basis.

"(2) If the head of a department or agency exercises the

authority provided under paragraph (1), the head of the department

or agency shall provide the information described in that

subsection with respect to the special access program concerned,

and the justification for the waiver, to Congress.

"(f) Initiation of Programs. - A special access program may not

be initiated by a covered department or agency until -

"(1) the appropriate oversight committees are notified of the

program; and

"(2) a period of 30 days elapses after such notification is

received.

"(g) Definitions. - For purposes of this section:

"(1) Covered department or agency. - (A) Except as provided in

subparagraph (B), the term 'covered department or agency' means

any department or agency of the Federal Government that carries

out a special access program.

"(B) Such term does not include -

"(i) the Department of Defense (which is required to submit

reports on special access programs under section 119 of title

10, United States Code);

"(ii) the National Nuclear Security Administration (which is

required to submit reports on special access programs under

section 3236 of the National Nuclear Security Administration

Act [50 U.S.C. 2426]); or

"(iii) an agency in the Intelligence Community (as defined in

section 3(4) of the National Security Act of 1947 (50 U.S.C.

401a)).

"(2) Special access program. - The term 'special access

program' means any program that, under the authority of Executive

Order 12356 [formerly set out below] (or any successor Executive

order), is established by the head of a department or agency whom

the President has designated in the Federal Register as an

original 'secret' or 'top secret' classification authority that

imposes 'need-to-know' controls or access controls beyond those

controls normally required (by regulations applicable to such

department or agency) for access to information classified as

'confidential', 'secret', or 'top secret'."

DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES

PERSONNEL OF COLD WAR, KOREAN CONFLICT, AND VIETNAM ERA

Pub. L. 102-190, div. A, title X, Sec. 1082, Dec. 5, 1991, 105

Stat. 1480, as amended by Pub. L. 103-337, div. A, title X, Sec.

1036, Oct. 5, 1994, 108 Stat. 2841; Pub. L. 104-106, div. A, title

X, Sec. 1085, Feb. 10, 1996, 110 Stat. 457, provided that:

"(a) Public Availability of Information. - (1) Except as provided

in subsection (b), the Secretary of Defense shall, with respect to

any information referred to in paragraph (2), place the information

in a suitable library-like location within a facility within the

National Capital region for public review and photocopying.

"(2) Paragraph (1) applies to any record, live-sighting report,

or other information in the custody of the official custodian

referred to in subsection (d)(3) that may pertain to the location,

treatment, or condition of (A) United States personnel who remain

not accounted for as a result of service in the Armed Forces or

other Federal Government service during the Korean conflict, the

Vietnam era, or the Cold War, or (B) their remains.

"(b) Exceptions. - (1) The Secretary of Defense may not make a

record or other information available to the public pursuant to

subsection (a) if -

"(A) the record or other information is exempt from the

disclosure requirements of section 552 of title 5, United States

Code, by reason of subsection (b) of that section; or

"(B) the record or other information is in a system of records

exempt from the requirements of subsection (d) of section 552a of

such title pursuant to subsection (j) or (k) of that section.

"(2) The Secretary of Defense may not make a record or other

information available to the public pursuant to subsection (a) if

the record or other information specifically mentions a person by

name unless -

"(A) in the case of a person who is alive (and not

incapacitated) and whose whereabouts are known, that person

expressly consents in writing to the disclosure of the record or

other information; or

"(B) in the case of a person who is dead or incapacitated or

whose whereabouts are unknown, a family member or family members

of that person determined by the Secretary of Defense to be

appropriate for such purpose expressly consent in writing to the

disclosure of the record or other information.

"(3)(A) The limitation on disclosure in paragraph (2) does not

apply in the case of a person who is dead or incapacitated or whose

whereabouts are unknown if the family member or members of that

person determined pursuant to subparagraph (B) of that paragraph

cannot be located by the Secretary of Defense -

"(i) in the case of a person missing from the Vietnam era,

after a reasonable effort; and

"(ii) in the case of a person missing from the Korean Conflict

or Cold War, after a period of 90 days from the date on which any

record or other information referred to in paragraph (2) is

received by the Department of Defense for disclosure review from

the Archivist of the United States, the Library of Congress, or

the Joint United States-Russian Commission on POW/MIAs.

"(B) Paragraph (2) does not apply to the access of an adult

member of the family of a person to any record or information to

the extent that the record or other information relates to that

person.

"(C) The authority of a person to consent to disclosure of a

record or other information for the purposes of paragraph (2) may

be delegated to another person or an organization only by means of

an express legal power of attorney granted by the person authorized

by that paragraph to consent to the disclosure.

"(c) Deadlines. - (1) In the case of records or other information

originated by the Department of Defense, the official custodian

shall make such records and other information available to the

public pursuant to this section not later than January 2, 1996.

Such records or other information shall be made available as soon

as a review carried out for the purposes of subsection (b) is

completed.

"(2) Whenever a department or agency of the Federal Government

receives any record or other information referred to in subsection

(a) that is required by this section to be made available to the

public, the head of that department or agency shall ensure that

such record or other information is provided to the Secretary of

Defense, and the Secretary shall make such record or other

information available in accordance with subsection (a) as soon as

possible and, in any event, not later than one year after the date

on which the record or information is received by the department or

agency of the Federal Government.

"(3) If the Secretary of Defense determines that the disclosure

of any record or other information referred to in subsection (a) by

the date required by paragraph (1) or (2) may compromise the safety

of any United States personnel referred to in subsection (a)(2) who

remain not accounted for but who may still be alive in captivity,

then the Secretary may withhold that record or other information

from the disclosure otherwise required by this section. Whenever

the Secretary makes a determination under the preceding sentence,

the Secretary shall immediately notify the President and the

Congress of that determination.

"(d) Definitions. - For purposes of this section:

"(1) The terms 'Korean conflict' and 'Vietnam era' have the

meanings given those terms in section 101 of title 38, United

States Code.

"(2) The term 'Cold War' means the period from the end of World

War II to the beginning of the Korean conflict and the period

from the end of the Korean conflict to the beginning of the

Vietnam era.

"(3) The term 'official custodian' means -

"(A) in the case of records, reports, and information

relating to the Korean conflict or the Cold War, the Archivist

of the United States; and

"(B) in the case of records, reports, and information

relating to the Vietnam era, the Secretary of Defense."

DISCLOSURE OF INFORMATION CONCERNING AMERICAN PERSONNEL LISTED AS

PRISONER, MISSING, OR UNACCOUNTED FOR IN SOUTHEAST ASIA

Pub. L. 100-453, title IV, Sec. 404, Sept. 29, 1988, 102 Stat.

1908, provided that:

"(a) This section is enacted to ensure that current disclosure

policy is incorporated into law.

"(b) Except as provided in subsection (c), the head of each

department or agency -

"(1) with respect to which funds are authorized under this Act

[see Tables for classification], and

"(2) which holds or receives live sighting reports of any

United States citizen reported missing in action, prisoner of

war, or unaccounted for from the Vietnam Conflict,

shall make available to the next-of-kin of that United States

citizen all reports, or portions thereof, held by that department

or agency which have been correlated or possibly correlated to that

citizen.

"(c) Subsection (b) does not apply with respect to -

"(1) information that would reveal or compromise sources and

methods of intelligence collection; or

"(2) specific information that previously has been made

available to the next-of-kin.

"(d) The head of each department or agency covered by subsection

(a) shall make information available under this section in a timely

manner."

-EXEC-

EXECUTIVE ORDER NO. 10501

Ex. Ord. No. 10501, Nov. 5, 1953, 18 F.R. 7049, as amended by Ex.

Ord. No. 10816, May 7, 1959, 24 F.R. 3777; Ex. Ord. No. 10901, Jan.

9, 1961, 26 F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26 F.R.

8932; Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439; Ex. Ord. No.

11097, Feb. 28, 1963, 28 F.R. 2225; Ex. Ord. No. 11382, Nov. 28,

1967, 32 F.R. 16247, which related to safeguarding official

information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37

F.R. 5209, formerly set out below.

EX. ORD. NO. 10865. SAFEGUARDING CLASSIFIED INFORMATION WITHIN

INDUSTRY

Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended by

Ex. Ord. No. 10909, Jan. 17, 1961, 26 F.R. 508; Ex. Ord. No. 11382,

Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12829, Sec. 203(g), Jan.

6, 1993, 58 F.R. 3479; Ex. Ord. No. 13284, Sec. 15, Jan. 23, 2003,

68 F.R. 4076, provided:

WHEREAS it is mandatory that the United States protect itself

against hostile or destructive activities by preventing

unauthorized disclosures of classified information relating to the

national defense; and

WHEREAS it is a fundamental principle of our Government to

protect the interests of individuals against unreasonable or

unwarranted encroachment; and

WHEREAS I find that the provisions and procedures prescribed by

this order are necessary to assure the preservation of the

integrity of classified defense information and to protect the

national interest; and

WHEREAS I find that those provisions and procedures recognize the

interest of individuals affected thereby and provide maximum

possible safeguards to protect such interests:

NOW, THEREFORE, under and by virtue of the authority vested in me

by the Constitution and statutes of the United States, and as

President of the United States and as Commander in Chief of the

armed forces of the United States, it is hereby ordered as follows:

Section 1. When used in this order, the term "head of a

department" means the Secretary of State, the Secretary of Defense,

the Secretary of Transportation, the Secretary of Energy, the

Secretary of Homeland Security, the Nuclear Regulatory Commission,

the Administrator of the National Aeronautics and Space

Administration, and, in section 4, the Attorney General. The term

"head of a department" also means the head of any department or

agency, including but not limited to those referenced above with

whom the Department of Defense makes an agreement to extend

regulations prescribed by the Secretary of Defense concerning

authorizations for access to classified information pursuant to

Executive Order No. 12829 [set out below].

Sec. 2. An authorization for access to classified information

pursuant to Executive Order No. 12829 [set out below] may be

granted by the head of a department or his designee, including but

not limited to, those officials named in section 8 of this order,

to an individual, hereinafter termed an "applicant", for a specific

classification category only upon a finding that it is clearly

consistent with the national interest to do so.

Sec. 3. Except as provided in section 9 of this order, an

authorization for access to a specific classification category may

not be finally denied or revoked pursuant to Executive Order No.

12829 [set out below] by the head of a department or his designee,

including, but not limited to, those officials named in section 8

of this order, unless the applicant has been given the following:

(1) A written statement of the reasons why his access

authorization may be denied or revoked, which shall be as

comprehensive and detailed as the national security permits.

(2) A reasonable opportunity to reply in writing under oath or

affirmation to the statement of reasons.

(3) After he has filed under oath or affirmation a written reply

to the statement of reasons, the form and sufficiency of which may

be prescribed by regulations issued by the head of the department

concerned, an opportunity to appear personally before the head of

the department concerned or his designee including, but not limited

to, those officials named in section 8 of this order for the

purpose of supporting his eligibility for access authorization and

to present evidence on his behalf.

(4) A reasonable time to prepare for that appearance.

(5) An opportunity to be represented by counsel.

(6) An opportunity to cross-examine persons either orally or

through written interrogatories in accordance with section 4 on

matters not relating to the characterization in the statement of

reasons of any organization or individual other than the applicant.

(7) A written notice of the final decision in his case which, if

adverse, shall specify whether the head of the department or his

designee, including, but not limited to, those officials named in

section 8 of this order, found for or against him with respect to

each allegation in the statement of reasons.

Sec. 4. (a) An applicant shall be afforded an opportunity to

cross-examine persons who have made oral or written statements

adverse to the applicant relating to a controverted issue except

that any such statement may be received and considered without

affording such opportunity in the circumstances described in either

of the following paragraphs:

(1) The head of the department supplying the statement certifies

that the person who furnished the information is a confidential

informant who has been engaged in obtaining intelligence

information for the Government and that disclosure of his identity

would be substantially harmful to the national interest.

(2) The head of the department concerned or his special designee

for that particular purpose has preliminarily determined, after

considering information furnished by the investigative agency

involved as to the reliability of the person and the accuracy of

the statement concerned, that the statement concerned appears to be

reliable and material, and the head of the department or such

special designee has determined that failure to receive and

consider such statement would, in view of the level of access

sought, be substantially harmful to the national security and that

the person who furnished the information cannot appear to testify

(A) due to death, severe illness, or similar cause, in which case

the identity of the person and the information to be considered

shall be made available to the applicant, or (B) due to some other

cause determined by the head of the department to be good and

sufficient.

(b) Whenever procedures under paragraphs (1) or (2) of subsection

(a) of this section are used (1) the applicant shall be given a

summary of the information which shall be as comprehensive and

detailed as the national security permits, (2) appropriate

consideration shall be accorded to the fact that the applicant did

not have an opportunity to cross-examine such person or persons,

and (3) a final determination adverse to the applicant shall be

made only by the head of the department based upon his personal

review of the case.

Sec. 5. (a) Records compiled in the regular course of business,

or other physical evidence other than investigative reports, may be

received and considered subject to rebuttal without authenticating

witnesses, provided that such information has been furnished to the

department concerned by an investigative agency pursuant to its

responsibilities in connection with assisting the head of the

department concerned to safeguard classified information within

industry pursuant to this order.

(b) Records compiled in the regular course of business, or other

physical evidence other than investigative reports, relating to a

controverted issue which, because they are classified, may not be

inspected by the applicant, may be received and considered provided

that: (1) the head of the department concerned or his special

designee for that purpose has made a preliminary determination that

such physical evidence appears to be material, (2) the head of the

department concerned or such designee has made a determination that

failure to receive and consider such physical evidence would, in

view of the level of access sought, be substantially harmful to the

national security, and (3) to the extent that the national security

permits, a summary or description of such physical evidence is made

available to the applicant. In every such case, information as to

the authenticity and accuracy of such physical evidence furnished

by the investigative agency involved shall be considered. In such

instances a final determination adverse to the applicant shall be

made only by the head of the department based upon his personal

review of the case.

Sec. 6. The head of a department of the United States or his

representative, may issue, in appropriate cases, invitations and

requests to appear and testify in order that the applicant may have

the opportunity to cross-examine as provided by this order.

Whenever a witness is so invited or requested to appear and testify

at a proceeding and the witness is an officer or employee of the

executive branch of the Government or a member of the armed forces

of the United States, and the proceeding involves the activity in

connection with which the witness is employed, travel expenses and

per diem are authorized as provided by the Standardized Government

Travel Regulations or the Joint Travel Regulations, as appropriate.

In all other cases (including non-Government employees as well as

officers or employees of the executive branch of the Government or

members of the armed forces of the United States not covered by the

foregoing sentence), transportation in kind and reimbursement for

actual expenses are authorized in an amount not to exceed the

amount payable under Standardized Government Travel Regulations. An

officer or employee of the executive branch of the Government or a

member of the armed forces of the United States who is invited or

requested to appear pursuant to this paragraph shall be deemed to

be in the performance of his official duties. So far as the

national security permits, the head of the investigative agency

involved shall cooperate with the Secretary, the Administrator, or

the head of the other department or agency, as the case may be, in

identifying persons who have made statements adverse to the

applicant and in assisting him in making them available for

cross-examination. If a person so invited is an officer or employee

of the executive branch of the government or a member of the armed

forces of the United States, the head of the department or agency

concerned shall cooperate in making that person available for

cross-examination.

Sec. 7. Any determination under this order adverse to an

applicant shall be a determination in terms of the national

interest and shall in no sense be a determination as to the loyalty

of the applicant concerned.

Sec. 8. Except as otherwise specified in the preceding provisions

of this order, any authority vested in the head of a department by

this order may be delegated to the the [sic] deputy of that

department, or the principal assistant to the head of that

department, as the case may be.

Sec. 9. Nothing contained in this order shall be deemed to limit

or affect the responsibility and powers of the head of a department

to deny or revoke access to a specific classification category if

the security of the nation so requires. Such authority may not be

delegated and may be exercised only when the head of a department

determines that the procedures prescribed in sections 3, 4, and 5

cannot be invoked consistently with the national security and such

determination shall be conclusive.

MODIFICATION OF EXECUTIVE ORDER NO. 10865

Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended, set

out above, when referring to functions of the Atomic Energy

Commission is modified to provide that all such functions shall be

exercised by the Secretary of Energy and the Nuclear Regulatory

Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3,

1978, 43 F.R. 4957, set out under section 7151 of Title 42, The

Public Health and Welfare.

EXECUTIVE ORDER NO. 10985

Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439, which amended

Executive Order No. 10501, which related to safeguarding official

information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37

F.R. 5209, formerly set out below.

EXECUTIVE ORDER NO. 11097

Ex. Ord. No. 11097, Feb. 28, 1963, 28 F.R. 2225, which amended

Executive Order No. 10501, which related to safeguarding official

information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37

F.R. 5209, formerly set out below.

EXECUTIVE ORDER NO. 11652

Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, as amended by Ex.

Ord. No. 11714, Apr. 24, 1973, 38 F.R. 10245; Ex. Ord. No. 11862,

June 11, 1975, 40 F.R. 25197; Ex. Ord. No. 12038, Feb. 3, 1978, 43

F.R. 4957, which related to the classification and declassification

of national security information and material, was revoked by Ex.

Ord. No. 12065, June 28, 1978, 43 F.R. 28949, formerly set out

below.

EX. ORD. NO. 11932. CLASSIFICATION OF CERTAIN INFORMATION AND

MATERIAL OBTAINED FROM ADVISORY BODIES CREATED TO IMPLEMENT THE

INTERNATIONAL ENERGY PROGRAM

Ex. Ord. No. 11932, Aug. 4, 1976, 41 F.R. 32691, provided:

The United States has entered into the Agreement on an

International Energy Program of November 18, 1974, which created

the International Energy Agency. This program is a substantial

factor in the conduct of our foreign relations and an important

element of our national security. The effectiveness of the

Agreement depends significantly upon the provision and exchange of

information and material by participants in advisory bodies created

by the International Energy Agency. Confidentiality is essential to

assure the free and open discussion necessary to accomplish the

tasks assigned to those bodies. I have consulted with the Secretary

of State, the Attorney General and the Administrator of the Federal

Energy Administration concerning the handling and safeguarding of

information and material in the possession of the United States

which has been obtained pursuant to the program, and I find that

some of such information and material requires protection as

provided in Executive Order No. 11652 of March 8, 1972, as amended

[formerly set out above].

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and statutes of the United States, and as President of

the United States, it is hereby ordered as follows:

Section 1. Information and material obtained pursuant to the

International Energy Program and which requires protection against

unauthorized disclosure in the interest of the national defense or

foreign relations of the United States shall be classified pursuant

to Executive Order No. 11652 of March 8, 1972, as amended [formerly

set out above]. The Secretary of State shall have the

responsibility for the classification, declassification and

safeguarding of information and material in the possession of the

United States Government which has been obtained pursuant to:

(a) Section 252(c)(3), (d)(2), or (e)(3) of the Energy Policy and

Conservation Act (89 Stat. 871; 42 U.S.C. 6272(c)(3), (d)(2),

(e)(3)), or

(b) The Voluntary Agreement and Program relating to the

International Energy Program (40 F.R. 16041, April 8, 1975), or

(c) Any similar Voluntary Agreement and Program entered into

under the Energy Policy and Conservation Act [42 U.S.C. 6201 et

seq.] after the date of this Order.

Sec. 2. Information or material classified pursuant to Section 1

of this Order may be exempted from the General Declassification

Schedule established by Section 5 of Executive Order No. 11652

[formerly set out above] if it was obtained by the United States on

the understanding that it be kept in confidence, or if it might

otherwise be exempted under Section 5(B) of such Order.

Sec. 3. (a) Within 60 days of the date of this Order, the

Secretary of State shall promulgate regulations which implement his

responsibilities under this Order.

(b) The directives issued under Section 6 of Executive Order No.

11652 [formerly set out above] shall not apply to information and

material classified under this Order. However, the regulations

promulgated by the Secretary of State shall:

(1) conform, to the extent practicable, to the policies set

forth in Section 6 of Executive Order No. 11652 [formerly set out

above], and

(2) provide that he may take such measures as he deems

necessary and appropriate to ensure the confidentiality of any

information and material classified under this Order that may

remain in the custody or control of any person outside the United

States Government.

Gerald R. Ford.

EXECUTIVE ORDER NO. 12065

Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949, as amended by

Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No.

12163, Sept. 29, 1979, 44 F.R. 56673, which related to

classification and declassification of national security

information and material, was revoked by Ex. Ord. No. 12356, Apr.

2, 1982, 47 F.R. 14874, 15557, formerly set out below.

EXECUTIVE ORDER NO. 12356

Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which

prescribed a uniform system for classifying, declassifying, and

safeguarding national security information, was revoked by Ex. Ord.

No. 12958, Sec. 6.1(d), Apr. 17, 1995, 60 F.R. 19843, set out

below.

EX. ORD. NO. 12812. DECLASSIFICATION AND RELEASE OF MATERIALS

PERTAINING TO PRISONERS OF WAR AND MISSING IN ACTION

Ex. Ord. No. 12812, July 22, 1992, 57 F.R. 32879, provided:

WHEREAS, the Senate, by S. Res. 324 of July 2, 1992, has asked

that I "expeditiously issue an Executive order requiring all

executive branch departments and agencies to declassify and

publicly release without compromising United States national

security all documents, files, and other materials pertaining to

POWs and MIAs;" and

WHEREAS, indiscriminate release of classified material could

jeopardize continuing United States Government efforts to achieve

the fullest possible accounting of Vietnam-era POWs and MIAs; and

WHEREAS, I have concluded that the public interest would be

served by the declassification and public release of materials

pertaining to Vietnam-era POWs and MIAs as provided below;

NOW, THEREFORE, by the authority vested in me as President by the

Constitution and the laws of the United States of America, I hereby

order as follows:

Section 1. All executive departments and agencies shall

expeditiously review all documents, files, and other materials

pertaining to American POWs and MIAs lost in Southeast Asia for the

purposes of declassification in accordance with the standards and

procedures of Executive Order No. 12356 [formerly set out above].

Sec. 2. All executive departments and agencies shall make

publicly available documents, files, and other materials

declassified pursuant to section 1, except for those the disclosure

of which would constitute a clearly unwarranted invasion of

personal privacy of returnees, family members of POWs and MIAs, or

other persons, or would impair the deliberative processes of the

executive branch.

Sec. 3. This order is not intended to create any right or

benefit, substantive or procedural, enforceable by a party against

the United States, its agencies or instrumentalities, its officers

or employees, or any other person.

George Bush.

EX. ORD. NO. 12829. NATIONAL INDUSTRIAL SECURITY PROGRAM

Ex. Ord. No. 12829, Jan. 6, 1993, 58 F.R. 3479, as amended by Ex.

Ord. No. 12885, Dec. 14, 1993, 58 F.R. 65863, provided:

This order establishes a National Industrial Security Program to

safeguard Federal Government classified information that is

released to contractors, licensees, and grantees of the United

States Government. To promote our national interests, the United

States Government issues contracts, licenses, and grants to

nongovernment organizations. When these arrangements require access

to classified information, the national security requires that this

information be safeguarded in a manner equivalent to its protection

within the executive branch of Government. The national security

also requires that our industrial security program promote the

economic and technological interests of the United States.

Redundant, overlapping, or unnecessary requirements impede those

interests. Therefore, the National Industrial Security Program

shall serve as a single, integrated, cohesive industrial security

program to protect classified information and to preserve our

Nation's economic and technological interests.

Therefore, by the authority vested in me as President by the

Constitution and the laws of the United States of America,

including the Atomic Energy Act of 1954, as amended (42 U.S.C.

2011-2286) [42 U.S.C. 2011 et seq.], the National Security Act of

1947, as amended (codified as amended in scattered sections of the

United States Code) [see Short Title note set out under section 401

of this title], and the Federal Advisory Committee Act, as amended

(5 U.S.C. App. 2) [5 App. U.S.C.], it is hereby ordered as follows:

-MISC2-

PART 1. ESTABLISHMENT AND POLICY

Section 101. Establishment. (a) There is established a National

Industrial Security Program. The purpose of this program is to

safeguard classified information that may be released or has been

released to current, prospective, or former contractors, licensees,

or grantees of United States agencies. For the purposes of this

order, the terms "contractor, licensee, or grantee" means current,

prospective, or former contractors, licensees, or grantees of

United States agencies. The National Industrial Security Program

shall be applicable to all executive branch departments and

agencies.

(b) The National Industrial Security Program shall provide for

the protection of information classified pursuant to Executive

Order No. 12356 of April 2, 1982 [formerly set out above], or its

successor, and the Atomic Energy Act of 1954, as amended [42 U.S.C.

2011 et seq.].

(c) For the purposes of this order, the term "contractor" does

not include individuals engaged under personal services contracts.

Sec. 102. Policy Direction. (a) The National Security Council

shall provide overall policy direction for the National Industrial

Security Program.

(b) The Director of the Information Security Oversight Office,

established under Executive Order No. 12356 of April 2, 1982

[formerly set out above], shall be responsible for implementing and

monitoring the National Industrial Security Program and shall:

(1) develop, in consultation with the agencies, and promulgate

subject to the approval of the National Security Council,

directives for the implementation of this order, which shall be

binding on the agencies;

(2) oversee agency, contractor, licensee, and grantee actions to

ensure compliance with this order and implementing directives;

(3) review all agency implementing regulations, internal rules,

or guidelines. The Director shall require any regulation, rule, or

guideline to be changed if it is not consistent with this order or

implementing directives. Any such decision by the Director may be

appealed to the National Security Council. The agency regulation,

rule, or guideline shall remain in effect pending a prompt decision

on the appeal;

(4) have the authority, pursuant to terms of applicable

contracts, licenses, grants, or regulations, to conduct on-site

reviews of the implementation of the National Industrial Security

Program by each agency, contractor, licensee, and grantee that has

access to or stores classified information and to require of each

agency, contractor, licensee, and grantee those reports,

information, and other cooperation that may be necessary to fulfill

the Director's responsibilities. If these reports, inspections, or

access to specific classified information, or other forms of

cooperation, would pose an exceptional national security risk, the

affected agency head or the senior official designated under

section 203(a) of this order may request the National Security

Council to deny access to the Director. The Director shall not have

access pending a prompt decision by the National Security Council;

(5) report any violations of this order or its implementing

directives to the head of the agency or to the senior official

designated under section 203(a) of this order so that corrective

action, if appropriate, may be taken. Any such report pertaining to

the implementation of the National Industrial Security Program by a

contractor, licensee, or grantee shall be directed to the agency

that is exercising operational oversight over the contractor,

licensee, or grantee under section 202 of this order;

(6) consider and take action on complaints and suggestions from

persons within or outside the Government with respect to the

administration of the National Industrial Security Program;

(7) consider, in consultation with the advisory committee

established by this order, affected agencies, contractors,

licensees, and grantees, and recommend to the President through the

National Security Council changes to this order; and

(8) report at least annually to the President through the

National Security Council on the implementation of the National

Industrial Security Program.

(c) Nothing in this order shall be construed to supersede the

authority of the Secretary of Energy or the Nuclear Regulatory

Commission under the Atomic Energy Act of 1954, as amended [42

U.S.C. 2011 et seq.], or the authority of the Director of Central

Intelligence under the National Security Act of 1947, as amended

[see Short Title note set out under section 401 of this title], or

Executive Order No. 12333 of December 8, 1981 [50 U.S.C. 401 note].

Sec. 103. National Industrial Security Program Policy Advisory

Committee. (a) Establishment. There is established the National

Industrial Security Program Policy Advisory Committee

("Committee"). The Director of the Information Security Oversight

Office shall serve as Chairman of the Committee and appoint the

members of the Committee. The members of the Committee shall be the

representatives of those departments and agencies most affected by

the National Industrial Security Program and nongovernment

representatives of contractors, licensees, or grantees involved

with classified contracts, licenses, or grants, as determined by

the Chairman.

(b) Functions. (1) The Committee members shall advise the

Chairman of the Committee on all matters concerning the policies of

the National Industrial Security Program, including recommended

changes to those policies as reflected in this order, its

implementing directives, or the operating manual established under

this order, and serve as a forum to discuss policy issues in

dispute.

(2) The Committee shall meet at the request of the Chairman, but

at least twice during the calendar year.

(c) Administration. (1) Members of the Committee shall serve

without compensation for their work on the Committee. However,

nongovernment members may be allowed travel expenses, including per

diem in lieu of subsistence, as authorized by law for persons

serving intermittently in the Government service (5 U.S.C.

5701-5707).

(2) To the extent permitted by law and subject to the

availability of funds, the Administrator of General Services shall

provide the Committee with administrative services, facilities,

staff, and other support services necessary for the performance of

its functions.

(d) General. Notwithstanding any other Executive order, the

functions of the President under the Federal Advisory Committee

Act, as amended [5 App. U.S.C.], except that of reporting to the

Congress, which are applicable to the Committee, shall be performed

by the Administrator of General Services in accordance with the

guidelines and procedures established by the General Services

Administration.

PART 2. OPERATIONS

Sec. 201. National Industrial Security Program Operating Manual.

(a) The Secretary of Defense, in consultation with all affected

agencies and with the concurrence of the Secretary of Energy, the

Nuclear Regulatory Commission, and the Director of Central

Intelligence, shall issue and maintain a National Industrial

Security Program Operating Manual ("Manual"). The Secretary of

Energy and the Nuclear Regulatory Commission shall prescribe and

issue that portion of the Manual that pertains to information

classified under the Atomic Energy Act of 1954, as amended [42

U.S.C. 2011 et seq.]. The Director of Central Intelligence shall

prescribe and issue that portion of the Manual that pertains to

intelligence sources and methods, including Sensitive Compartmented

Information.

(b) The Manual shall prescribe specific requirements,

restrictions, and other safeguards that are necessary to preclude

unauthorized disclosure and control authorized disclosure of

classified information to contractors, licensees, or grantees. The

Manual shall apply to the release of classified information during

all phases of the contracting process including bidding,

negotiation, award, performance, and termination of contracts, the

licensing process, or the grant process, with or under the control

of departments or agencies.

(c) The Manual shall also prescribe requirements, restrictions,

and other safeguards that are necessary to protect special classes

of classified information, including Restricted Data, Formerly

Restricted Data, intelligence sources and methods information,

Sensitive Compartmented Information, and Special Access Program

information.

(d) In establishing particular requirements, restrictions, and

other safeguards within the Manual, the Secretary of Defense, the

Secretary of Energy, the Nuclear Regulatory Commission, and the

Director of Central Intelligence shall take into account these

factors: (i) the damage to the national security that reasonably

could be expected to result from an unauthorized disclosure; (ii)

the existing or anticipated threat to the disclosure of

information; and (iii) the short- and long-term costs of the

requirements, restrictions, and other safeguards.

(e) To the extent that is practicable and reasonable, the

requirements, restrictions, and safeguards that the Manual

establishes for the protection of classified information by

contractors, licensees, and grantees shall be consistent with the

requirements, restrictions, and safeguards that directives

implementing Executive Order No. 12356 of April 2, 1982 [formerly

set out above], or the Atomic Energy Act of 1954, as amended,

establish for the protection of classified information by agencies.

Upon request by the Chairman of the Committee, the Secretary of

Defense shall provide an explanation and justification for any

requirement, restriction, or safeguard that results in a standard

for the protection of classified information by contractors,

licensees, and grantees that differs from the standard that applies

to agencies.

(f) The Manual shall be issued to correspond as closely as

possible to pertinent decisions of the Secretary of Defense and the

Director of Central Intelligence made pursuant to the

recommendations of the Joint Security Review Commission and to

revisions to the security classification system that result from

Presidential Review Directive 29, but in any event no later than

June 30, 1994.

Sec. 202. Operational Oversight. (a) The Secretary of Defense

shall serve as Executive Agent for inspecting and monitoring the

contractors, licensees, and grantees who require or will require

access to, or who store or will store classified information; and

for determining the eligibility for access to classified

information of contractors, licensees, and grantees and their

respective employees. The heads of agencies shall enter into

agreements with the Secretary of Defense that establish the terms

of the Secretary's responsibilities on behalf of these agency

heads.

(b) The Director of Central Intelligence retains authority over

access to intelligence sources and methods, including Sensitive

Compartmented Information. The Director of Central Intelligence may

inspect and monitcr [sic] contractor, licensee, and grantee

programs and facilities that involve access to such information or

may enter into written agreements with the Secretary of Defense, as

Executive Agent, to inspect and monitor these programs or

facilities, in whole or in part, on the Director's behalf.

(c) The Secretary of Energy and the Nuclear Regulatory Commission

retain authority over access to information under their respective

programs classified under the Atomic Energy Act of 1954, as amended

[42 U.S.C. 2011 et seq.]. The Secretary or the Commission may

inspect and monitor contractor, licensee, and grantee programs and

facilities that involve access to such information or may enter

into written agreements with the Secretary of Defense, as Executive

Agent, to inspect and monitor these programs or facilities, in

whole or in part, on behalf of the Secretary or the Commission,

respectively.

(d) The Executive Agent shall have the authority to issue, after

consultation with affected agencies, standard forms or other

standardization that will promote the implementation of the

National Industrial Security Program.

Sec. 203. Implementation. (a) The head of each agency that enters

into classified contracts, licenses, or grants shall designate a

senior agency official to direct and administer the agency's

implementation and compliance with the National Industrial Security

Program.

(b) Agency implementing regulations, internal rules, or

guidelines shall be consistent with this order, its implementing

directives, and the Manual. Agencies shall issue these regulations,

rules, or guidelines no later than 180 days from the issuance of

the Manual. They may incorporate all or portions of the Manual by

reference.

(c) Each agency head or the senior official designated under

paragraph (a) above shall take appropriate and prompt corrective

action whenever a violation of this order, its implementing

directives, or the Manual occurs.

(d) The senior agency official designated under paragraph (a)

above shall account each year for the costs within the agency

associated with the implementation of the National Industrial

Security Program. These costs shall be reported to the Director of

the Information Security Oversight Office, who shall include them

in the reports to the President prescribed by this order.

(e) The Secretary of Defense, with the concurrence of the

Administrator of General Services, the Administrator of the

National Aeronautics and Space Administration, and such other

agency heads or officials who may be responsible, shall amend the

Federal Acquisition Regulation to be consistent with the

implementation of the National Industrial Security Program.

(f) All contracts, licenses, or grants that involve access to

classified information and that are advertised or proposed

following the issuance of agency regulations, rules, or guidelines

described in paragraph (b) above shall comply with the National

Industrial Security Program. To the extent that is feasible,

economical, and permitted by law, agencies shall amend, modify, or

convert preexisting contracts, licenses, or grants, or previously

advertised or proposed contracts, licenses, or grants, that involve

access to classified information for operation under the National

Industrial Security Program. Any direct inspection or monitoring of

contractors, licensees, or grantees specified by this order shall

be carried out pursuant to the terms of a contract, license, grant,

or regulation.

(g) Executive Order No. 10865 of February 20, 1960 [set out

above], as amended by Executive Order No. 10909 of January 17,

1961, and Executive Order No. 11382 of November 27, 1967, is hereby

amended as follows:

(1) Section 1(a) and (b) are revoked as of the effective date of

this order.

(2) Section 1(c) is renumbered as Section 1 and is amended to

read as follows:

"Section 1. When used in this order, the term 'head of a

department' means the Secretary of State, the Secretary of Defense,

the Secretary of Transportation, the Secretary of Energy, the

Nuclear Regulatory Commission, the Administrator of the National

Aeronautics and Space Administration, and, in section 4, the

Attorney General. The term 'head of a department' also means the

head of any department or agency, including but not limited to

those referenced above with whom the Department of Defense makes an

agreement to extend regulations prescribed by the Secretary of

Defense concerning authorizations for access to classified

information pursuant to Executive Order No. 12829."

(3) Section 2 is amended by inserting the words "pursuant to

Executive Order No. 12829" after the word "information."

(4) Section 3 is amended by inserting the words "pursuant to

Executive Order No. 12829" between the words "revoked" and "by" in

the second clause of that section.

(5) Section 6 is amended by striking out the words "The Secretary

of State, the Secretary of Defense, the Administrator of the

National Aeronautics and Space Administration, the Secretary of

Transportation, or his representative, or the head of any other

department or agency of the United States with which the Department

of Defense makes an agreement under section (1)(b)," at the

beginning of the first sentence, and inserting in their place "The

head of a department of the United States . . . ."

(6) Section 8 is amended by striking out paragraphs (1) through

(7) and inserting in their place ". . . the deputy of that

department, or the principal assistant to the head of that

department, as the case may be."

(h) All delegations, rules, regulations, orders, directives,

agreements, contracts, licenses, and grants issued under

preexisting authorities, including section 1(a) and (b) of

Executive Order No. 10865 of February 20, 1960, as amended, by

Executive Order No. 10909 of January 17, 1961, and Executive Order

No. 11382 of November 27, 1967, shall remain in full force and

effect until amended, modified, or terminated pursuant to authority

of this order.

(i) This order shall be effective immediately.

-EXEC-

EX. ORD. NO. 12937. DECLASSIFICATION OF SELECTED RECORDS WITHIN

NATIONAL ARCHIVES OF UNITED STATES

Ex. Ord. No. 12937, Nov. 10, 1994, 59 F.R. 59097, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered:

Section 1. The records in the National Archives of the United

States referenced in the list accompanying this order are hereby

declassified.

Sec. 2. The Archivist of the United States shall take such

actions as are necessary to make such records available for public

research no later than 30 days from the date of this Order, except

to the extent that the head of an affected agency and the Archivist

have determined that specific information within such records must

be protected from disclosure pursuant to an authorized exemption to

the Freedom of Information Act, 5 U.S.C. 552, other than the

exemption that pertains to national security information.

Sec. 3. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

William J. Clinton.

Records in the following record groups ("RG") in the National

Archives of the United States shall be declassified. Page numbers

are approximate. A complete list of the selected records is

available from the Archivist of the United States.

I. All unreviewed World War II and earlier records, including:

A. RG 18, Army Air Forces 1,722,400 pp.

B. RG 65, Federal Bureau of 362,500 pp.

Investigation

C. RG 127, United States Marine 195,000 pp.

Corps

D. RG 216, Office of Censorship 112,500 pp.

E. RG 226, Office of Strategic 415,000 pp.

Services

F. RG 60, United States 4,422,500 pp.

Occupation Headquarters

G. RG 331, Allied Operational and 3,097,500 pp.

Occupation Headquarters, World

War II (including 350 reels of

Allied Force Headquarters)

H. RG 332, United States Theaters 1,182,500 pp.

of War, World War II

I. RG 338, Mediterranean Theater 9,500,000 pp.

of Operations and European

Command

Subtotal for World War II and 21.0 million pp.

earlier

II. Post-1945 Collections (Military and Civil)

A. RG 19, Bureau of Ships, 1,732,500 pp.

Pre-1950 General

Correspondence (selected

records)

B. RG 51, Bureau of the Budget, 142,500 pp.

52.12 Budget Preparation

Branch, 1952-69

C. RG 72, Bureau of Aeronautics 5,655,000 pp.

(Navy) (selected records)

D. RG 166, Foreign Agricultural 1,272,500 pp.

Service, Narrative Reports,

1955-61

E. RG 313, Naval Operating Forces 407,500 pp.

(selected records)

F. RG 319, Office of the Chief of

Military History

Manuscripts and Background 933,000 pp.

Papers (selected records)

G. RG 337, Headquarters, Army 1,269,700 pp.

Ground Forces (selected

records)

H. RG 341, Headquarters, United 4,870,000 pp.

States Air Force (selected

records)

I. RG 389, Office of the Provost 448,000 pp.

Marshal General (selected

records)

J. RG 391, United States Army 240,000 pp.

Regular Army Mobil Units

K. RG 428, General Records of the 31,250 pp.

Department of the Navy

(selected records)

L. RG 472, Army Vietnam 5,864,000 pp.

Collection (selected records)

Subtotal for Other 22.9 million pp.

TOTAL 43.9 million pp.

--------------------------------------------------------------------

EX. ORD. NO. 12951. RELEASE OF IMAGERY ACQUIRED BY SPACE-BASED

NATIONAL INTELLIGENCE RECONNAISSANCE SYSTEMS

Ex. Ord. No. 12951, Feb. 22, 1995, 60 F.R. 10789, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America and in order to

release certain scientifically or environmentally useful imagery

acquired by space-based national intelligence reconnaissance

systems, consistent with the national security, it is hereby

ordered as follows:

Section 1. Public Release of Historical Intelligence Imagery.

Imagery acquired by the space-based national intelligence

reconnaissance systems known as the Corona, Argon, and Lanyard

missions shall, within 18 months of the date of this order, be

declassified and transferred to the National Archives and Records

Administration with a copy sent to the United States Geological

Survey of the Department of the Interior consistent with procedures

approved by the Director of Central Intelligence and the Archivist

of the United States. Upon transfer, such imagery shall be deemed

declassified and shall be made available to the public.

Sec. 2. Review for Future Public Release of Intelligence Imagery.

(a) All information that meets the criteria in section 2(b) of this

order shall be kept secret in the interests of national defense and

foreign policy until deemed otherwise by the Director of Central

Intelligence. In consultation with the Secretaries of State and

Defense, the Director of Central Intelligence shall establish a

comprehensive program for the periodic review of imagery from

systems other than the Corona, Argon, and Lanyard missions, with

the objective of making available to the public as much imagery as

possible consistent with the interests of national defense and

foreign policy. For imagery from obsolete broad-area film-return

systems other than Corona, Argon, and Lanyard missions, this review

shall be completed within 5 years of the date of this order. Review

of imagery from any other system that the Director of Central

Intelligence deems to be obsolete shall be accomplished according

to a timetable established by the Director of Central Intelligence.

The Director of Central Intelligence shall report annually to the

President on the implementation of this order.

(b) The criteria referred to in section 2(a) of this order

consist of the following: imagery acquired by a space-based

national intelligence reconnaissance system other than the Corona,

Argon, and Lanyard missions.

Sec. 3. General Provisions. (a) This order prescribes a

comprehensive and exclusive system for the public release of

imagery acquired by space-based national intelligence

reconnaissance systems. This order is the exclusive Executive order

governing the public release of imagery for purposes of section

552(b)(1) of the Freedom of Information Act [5 U.S.C. 552(b)(1)].

(b) Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 4. Definition. As used herein, "imagery" means the product

acquired by space-based national intelligence reconnaissance

systems that provides a likeness or representation of any natural

or man-made feature or related objective or activities and

satellite positional data acquired at the same time the likeness or

representation was acquired.

William J. Clinton.

EX. ORD. NO. 12958. CLASSIFIED NATIONAL SECURITY INFORMATION

Ex. Ord. No. 12958, Apr. 17, 1995, 60 F.R. 19825, as amended by

Ex. Ord. No. 12972, Sept. 18, 1995, 60 F.R. 48863; Ex. Ord. No.

13142, Nov. 19, 1999, 64 F.R. 66089, provided:

This order prescribes a uniform system for classifying,

safeguarding, and declassifying national security information. Our

democratic principles require that the American people be informed

of the activities of their Government. Also, our Nation's progress

depends on the free flow of information. Nevertheless, throughout

our history, the national interest has required that certain

information be maintained in confidence in order to protect our

citizens, our democratic institutions, and our participation within

the community of nations. Protecting information critical to our

Nation's security remains a priority. In recent years, however,

dramatic changes have altered, although not eliminated, the

national security threats that we confront. These changes provide a

greater opportunity to emphasize our commitment to open Government.

NOW, THEREFORE, by the authority vested in me as President by the

Constitution and the laws of the United States of America, it is

hereby ordered as follows:

-MISC3-

PART 1 - ORIGINAL CLASSIFICATION

Section 1.1. Definitions. For purposes of this order:

(a) "National security" means the national defense or foreign

relations of the United States.

(b) "Information" means any knowledge that can be communicated or

documentary material, regardless of its physical form or

characteristics, that is owned by, produced by or for, or is under

the control of the United States Government. "Control" means the

authority of the agency that originates information, or its

successor in function, to regulate access to the information.

(c) "Classified national security information" (hereafter

"classified information") means information that has been

determined pursuant to this order or any predecessor order to

require protection against unauthorized disclosure and is marked to

indicate its classified status when in documentary form.

(d) "Foreign Government Information" means:

(1) information provided to the United States Government by a

foreign government or governments, an international organization

of governments, or any element thereof, with the expectation that

the information, the source of the information, or both, are to

be held in confidence;

(2) information produced by the United States pursuant to or as

a result of a joint arrangement with a foreign government or

governments, or an international organization of governments, or

any element thereof, requiring that the information, the

arrangement, or both, are to be held in confidence; or

(3) information received and treated as "Foreign Government

Information" under the terms of a predecessor order.

(e) "Classification" means the act or process by which

information is determined to be classified information.

(f) "Original classification" means an initial determination that

information requires, in the interest of national security,

protection against unauthorized disclosure.

(g) "Original classification authority" means an individual

authorized in writing, either by the President, or by agency heads

or other officials designated by the President, to classify

information in the first instance.

(h) "Unauthorized disclosure" means a communication or physical

transfer of classified information to an unauthorized recipient.

(i) "Agency" means any "Executive agency," as defined in 5 U.S.C.

105; any "Military department" as defined in 5 U.S.C. 102; and any

other entity within the executive branch that comes into the

possession of classified information.

(j) "Senior agency official" means the official designated by the

agency head under section 5.6(c) of this order to direct and

administer the agency's program under which information is

classified, safeguarded, and declassified.

(k) "Confidential source" means any individual or organization

that has provided, or that may reasonably be expected to provide,

information to the United States on matters pertaining to the

national security with the expectation that the information or

relationship, or both, are to be held in confidence.

(l) "Damage to the national security" means harm to the national

defense or foreign relations of the United States from the

unauthorized disclosure of information, to include the sensitivity,

value, and utility of that information.

Sec. 1.2. Classification Standards. (a) Information may be

originally classified under the terms of this order only if all of

the following conditions are met:

(1) an original classification authority is classifying the

information;

(2) the information is owned by, produced by or for, or is

under the control of the United States Government;

(3) the information falls within one or more of the categories

of information listed in section 1.5 of this order; and

(4) the original classification authority determines that the

unauthorized disclosure of the information reasonably could be

expected to result in damage to the national security and the

original classification authority is able to identify or describe

the damage.

(b) If there is significant doubt about the need to classify

information, it shall not be classified. This provision does not:

(1) amplify or modify the substantive criteria or procedures

for classification; or

(2) create any substantive or procedural rights subject to

judicial review.

(c) Classified information shall not be declassified

automatically as a result of any unauthorized disclosure of

identical or similar information.

Sec. 1.3. Classification Levels. (a) Information may be

classified at one of the following three levels:

(1) "Top Secret" shall be applied to information, the

unauthorized disclosure of which reasonably could be expected to

cause exceptionally grave damage to the national security that

the original classification authority is able to identify or

describe.

(2) "Secret" shall be applied to information, the unauthorized

disclosure of which reasonably could be expected to cause serious

damage to the national security that the original classification

authority is able to identify or describe.

(3) "Confidential" shall be applied to information, the

unauthorized disclosure of which reasonably could be expected to

cause damage to the national security that the original

classification authority is able to identify or describe.

(b) Except as otherwise provided by statute, no other terms shall

be used to identify United States classified information.

(c) If there is significant doubt about the appropriate level of

classification, it shall be classified at the lower level.

Sec. 1.4. Classification Authority. (a) The authority to classify

information originally may be exercised only by:

(1) the President;

(2) agency heads and officials designated by the President in

the Federal Register; or

(3) United States Government officials delegated this authority

pursuant to paragraph (c), below.

(b) Officials authorized to classify information at a specified

level are also authorized to classify information at a lower level.

(c) Delegation of original classification authority.

(1) Delegations of original classification authority shall be

limited to the minimum required to administer this order. Agency

heads are responsible for ensuring that designated subordinate

officials have a demonstrable and continuing need to exercise

this authority.

(2) "Top Secret" original classification authority may be

delegated only by the President or by an agency head or official

designated pursuant to paragraph (a)(2), above.

(3) "Secret" or "Confidential" original classification

authority may be delegated only by the President; an agency head

or official designated pursuant to paragraph (a)(2), above; or

the senior agency official, provided that official has been

delegated "Top Secret" original classification authority by the

agency head.

(4) Each delegation of original classification authority shall

be in writing and the authority shall not be redelegated except

as provided in this order. Each delegation shall identify the

official by name or position title.

(d) Original classification authorities must receive training in

original classification as provided in this order and its

implementing directives.

(e) Exceptional cases. When an employee, contractor, licensee,

certificate holder, or grantee of an agency that does not have

original classification authority originates information believed

by that person to require classification, the information shall be

protected in a manner consistent with this order and its

implementing directives. The information shall be transmitted

promptly as provided under this order or its implementing

directives to the agency that has appropriate subject matter

interest and classification authority with respect to this

information. That agency shall decide within 30 days whether to

classify this information. If it is not clear which agency has

classification responsibility for this information, it shall be

sent to the Director of the Information Security Oversight Office.

The Director shall determine the agency having primary subject

matter interest and forward the information, with appropriate

recommendations, to that agency for a classification determination.

Sec. 1.5. Classification Categories.

Information may not be considered for classification unless it

concerns:

(a) military plans, weapons systems, or operations;

(b) foreign government information;

(c) intelligence activities (including special activities),

intelligence sources or methods, or cryptology;

(d) foreign relations or foreign activities of the United States,

including confidential sources;

(e) scientific, technological, or economic matters relating to

the national security;

(f) United States Government programs for safeguarding nuclear

materials or facilities; or

(g) vulnerabilities or capabilities of systems, installations,

projects or plans relating to the national security.

Sec. 1.6. Duration of Classification. (a) At the time of original

classification, the original classification authority shall attempt

to establish a specific date or event for declassification based

upon the duration of the national security sensitivity of the

information. The date or event shall not exceed the time frame in

paragraph (b), below.

(b) If the original classification authority cannot determine an

earlier specific date or event for declassification, information

shall be marked for declassification 10 years from the date of the

original decision, except as provided in paragraph (d), below.

(c) An original classification authority may extend the duration

of classification or reclassify specific information for successive

periods not to exceed 10 years at a time if such action is

consistent with the standards and procedures established under this

order. This provision does not apply to information contained in

records that are more than 25 years old and have been determined to

have permanent historical value under title 44, United States Code.

(d) At the time of original classification, the original

classification authority may exempt from declassification within 10

years specific information, the unauthorized disclosure of which

could reasonably be expected to cause damage to the national

security for a period greater than that provided in paragraph (b),

above, and the release of which could reasonably be expected to:

(1) reveal an intelligence source, method, or activity, or a

cryptologic system or activity;

(2) reveal information that would assist in the development or

use of weapons of mass destruction;

(3) reveal information that would impair the development or use

of technology within a United States weapons system;

(4) reveal United States military plans, or national security

emergency preparedness plans;

(5) reveal foreign government information;

(6) damage relations between the United States and a foreign

government, reveal a confidential source, or seriously undermine

diplomatic activities that are reasonably expected to be ongoing

for a period greater than that provided in paragraph (b), above;

(7) impair the ability of responsible United States Government

officials to protect the President, the Vice President, and other

individuals for whom protection services, in the interest of

national security, are authorized; or

(8) violate a statute, treaty, or international agreement.

(e) Information marked for an indefinite duration of

classification under predecessor orders, for example, "Originating

Agency's Determination Required," or information classified under

predecessor orders that contains no declassification instructions

shall be declassified in accordance with part 3 of this order.

Sec. 1.7. Identification and Markings. (a) At the time of

original classification, the following shall appear on the face of

each classified document, or shall be applied to other classified

media in an appropriate manner:

(1) one of the three classification levels defined in section

1.3 of this order;

(2) the identity, by name or personal identifier and position,

of the original classification authority;

(3) the agency and office of origin, if not otherwise evident;

(4) declassification instructions, which shall indicate one of

the following:

(A) the date or event for declassification, as prescribed in

section 1.6(a) or section 1.6(c); or

(B) the date that is 10 years from the date of original

classification, as prescribed in section 1.6(b); or

(C) the exemption category from declassification, as

prescribed in section 1.6(d); and

(5) a concise reason for classification which, at a minimum,

cites the applicable classification categories in section 1.5 of

this order.

(b) Specific information contained in paragraph (a), above, may

be excluded if it would reveal additional classified information.

(c) Each classified document shall, by marking or other means,

indicate which portions are classified, with the applicable

classification level, which portions are exempt from

declassification under section 1.6(d) of this order, and which

portions are unclassified. In accordance with standards prescribed

in directives issued under this order, the Director of the

Information Security Oversight Office may grant waivers of this

requirement for specified classes of documents or information. The

Director shall revoke any waiver upon a finding of abuse.

(d) Markings implementing the provisions of this order, including

abbreviations and requirements to safeguard classified working

papers, shall conform to the standards prescribed in implementing

directives issued pursuant to this order.

(e) Foreign government information shall retain its original

classification markings or shall be assigned a U.S. classification

that provides a degree of protection at least equivalent to that

required by the entity that furnished the information.

(f) Information assigned a level of classification under this or

predecessor orders shall be considered as classified at that level

of classification despite the omission of other required markings.

Whenever such information is used in the derivative classification

process or is reviewed for possible declassification, holders of

such information shall coordinate with an appropriate

classification authority for the application of omitted markings.

(g) The classification authority shall, whenever practicable, use

a classified addendum whenever classified information constitutes a

small portion of an otherwise unclassified document.

Sec. 1.8. Classification Prohibitions and Limitations. (a) In no

case shall information be classified in order to:

(1) conceal violations of law, inefficiency, or administrative

error;

(2) prevent embarrassment to a person, organization, or agency;

(3) restrain competition; or

(4) prevent or delay the release of information that does not

require protection in the interest of national security.

(b) Basic scientific research information not clearly related to

the national security may not be classified.

(c) Information may not be reclassified after it has been

declassified and released to the public under proper authority.

(d) Information that has not previously been disclosed to the

public under proper authority may be classified or reclassified

after an agency has received a request for it under the Freedom of

Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C.

552a), or the mandatory review provisions of section 3.6 of this

order only if such classification meets the requirements of this

order and is accomplished on a document-by-document basis with the

personal participation or under the direction of the agency head,

the deputy agency head, or the senior agency official designated

under section 5.6 of this order. This provision does not apply to

classified information contained in records that are more than 25

years old and have been determined to have permanent historical

value under title 44, United States Code.

(e) Compilations of items of information which are individually

unclassified may be classified if the compiled information reveals

an additional association or relationship that:

(1) meets the standards for classification under this order;

and

(2) is not otherwise revealed in the individual items of

information.

As used in this order, "compilation" means an aggregation of

pre-existing unclassified items of information.

Sec. 1.9. Classification Challenges. (a) Authorized holders of

information who, in good faith, believe that its classification

status is improper are encouraged and expected to challenge the

classification status of the information in accordance with agency

procedures established under paragraph (b), below.

(b) In accordance with implementing directives issued pursuant to

this order, an agency head or senior agency official shall

establish procedures under which authorized holders of information

are encouraged and expected to challenge the classification of

information that they believe is improperly classified or

unclassified. These procedures shall assure that:

(1) individuals are not subject to retribution for bringing

such actions;

(2) an opportunity is provided for review by an impartial

official or panel; and

(3) individuals are advised of their right to appeal agency

decisions to the Interagency Security Classification Appeals

Panel established by section 5.4 of this order.

PART 2 - DERIVATIVE CLASSIFICATION

Sec. 2.1. Definitions. For purposes of this order:

(a) "Derivative classification" means the incorporating,

paraphrasing, restating or generating in new form information that

is already classified, and marking the newly developed material

consistent with the classification markings that apply to the

source information. Derivative classification includes the

classification of information based on classification guidance. The

duplication or reproduction of existing classified information is

not derivative classification.

(b) "Classification guidance" means any instruction or source

that prescribes the classification of specific information.

(c) "Classification guide" means a documentary form of

classification guidance issued by an original classification

authority that identifies the elements of information regarding a

specific subject that must be classified and establishes the level

and duration of classification for each such element.

(d) "Source document" means an existing document that contains

classified information that is incorporated, paraphrased, restated,

or generated in new form into a new document.

(e) "Multiple sources" means two or more source documents,

classification guides, or a combination of both.

Sec. 2.2. Use of Derivative Classification. (a) Persons who only

reproduce, extract, or summarize classified information, or who

only apply classification markings derived from source material or

as directed by a classification guide, need not possess original

classification authority.

(b) Persons who apply derivative classification markings shall:

(1) observe and respect original classification decisions; and

(2) carry forward to any newly created documents the pertinent

classification markings. For information derivatively classified

based on multiple sources, the derivative classifier shall carry

forward:

(A) the date or event for declassification that corresponds

to the longest period of classification among the sources; and

(B) a listing of these sources on or attached to the official

file or record copy.

Sec. 2.3. Classification Guides. (a) Agencies with original

classification authority shall prepare classification guides to

facilitate the proper and uniform derivative classification of

information. These guides shall conform to standards contained in

directives issued under this order.

(b) Each guide shall be approved personally and in writing by an

official who:

(1) has program or supervisory responsibility over the

information or is the senior agency official; and

(2) is authorized to classify information originally at the

highest level of classification prescribed in the guide.

(c) Agencies shall establish procedures to assure that

classification guides are reviewed and updated as provided in

directives issued under this order.

PART 3 - DECLASSIFICATION AND DOWNGRADING

Sec. 3.1. Definitions. For purposes of this order:

(a) "Declassification" means the authorized change in the status

of information from classified information to unclassified

information.

(b) "Automatic declassification" means the declassification of

information based solely upon:

(1) the occurrence of a specific date or event as determined by

the original classification authority; or

(2) the expiration of a maximum time frame for duration of

classification established under this order.

(c) "Declassification authority" means:

(1) the official who authorized the original classification, if

that official is still serving in the same position;

(2) the originator's current successor in function;

(3) a supervisory official of either; or

(4) officials delegated declassification authority in writing

by the agency head or the senior agency official.

(d) "Mandatory declassification review" means the review for

declassification of classified information in response to a request

for declassification that meets the requirements under section 3.6

of this order.

(e) "Systematic declassification review" means the review for

declassification of classified information contained in records

that have been determined by the Archivist of the United States

("Archivist") to have permanent historical value in accordance with

chapter 33 of title 44, United States Code.

(f) "Declassification guide" means written instructions issued by

a declassification authority that describes the elements of

information regarding a specific subject that may be declassified

and the elements that must remain classified.

(g) "Downgrading" means a determination by a declassification

authority that information classified and safeguarded at a

specified level shall be classified and safeguarded at a lower

level.

(h) "File series" means documentary material, regardless of its

physical form or characteristics, that is arranged in accordance

with a filing system or maintained as a unit because it pertains to

the same function or activity.

Sec. 3.2. Authority for Declassification. (a) Information shall

be declassified as soon as it no longer meets the standards for

classification under this order.

(b) It is presumed that information that continues to meet the

classification requirements under this order requires continued

protection. In some exceptional cases, however, the need to protect

such information may be outweighed by the public interest in

disclosure of the information, and in these cases the information

should be declassified. When such questions arise, they shall be

referred to the agency head or the senior agency official. That

official will determine, as an exercise of discretion, whether the

public interest in disclosure outweighs the damage to national

security that might reasonably be expected from disclosure. This

provision does not:

(1) amplify or modify the substantive criteria or procedures

for classification; or

(2) create any substantive or procedural rights subject to

judicial review.

(c) If the Director of the Information Security Oversight Office

determines that information is classified in violation of this

order, the Director may require the information to be declassified

by the agency that originated the classification. Any such decision

by the Director may be appealed to the President through the

Assistant to the President for National Security Affairs. The

information shall remain classified pending a prompt decision on

the appeal.

(d) The provisions of this section shall also apply to agencies

that, under the terms of this order, do not have original

classification authority, but had such authority under predecessor

orders.

Sec. 3.3. Transferred Information. (a) In the case of classified

information transferred in conjunction with a transfer of

functions, and not merely for storage purposes, the receiving

agency shall be deemed to be the originating agency for purposes of

this order.

(b) In the case of classified information that is not officially

transferred as described in paragraph (a), above, but that

originated in an agency that has ceased to exist and for which

there is no successor agency, each agency in possession of such

information shall be deemed to be the originating agency for

purposes of this order. Such information may be declassified or

downgraded by the agency in possession after consultation with any

other agency that has an interest in the subject matter of the

information.

(c) Classified information accessioned into the National Archives

and Records Administration ("National Archives") as of the

effective date of this order shall be declassified or downgraded by

the Archivist in accordance with this order, the directives issued

pursuant to this order, agency declassification guides, and any

existing procedural agreement between the Archivist and the

relevant agency head.

(d) The originating agency shall take all reasonable steps to

declassify classified information contained in records determined

to have permanent historical value before they are accessioned into

the National Archives. However, the Archivist may require that

records containing classified information be accessioned into the

National Archives when necessary to comply with the provisions of

the Federal Records Act [see References in Text note set out under

section 3603 of Title 44, Public Printing and Documents]. This

provision does not apply to information being transferred to the

Archivist pursuant to section 2203 of title 44, United States Code,

or information for which the National Archives and Records

Administration serves as the custodian of the records of an agency

or organization that goes out of existence.

(e) To the extent practicable, agencies shall adopt a system of

records management that will facilitate the public release of

documents at the time such documents are declassified pursuant to

the provisions for automatic declassification in sections 1.6 and

3.4 of this order.

Sec. 3.4. Automatic Declassification. (a) Subject to paragraph

(b), below, within six and one half years from the date of this

order, all classified information contained in records that (1) are

more than 25 years old, and (2) have been determined to have

permanent historical value under title 44, United States Code,

shall be automatically declassified whether or not the records have

been reviewed. Subsequently, all classified information in such

records shall be automatically declassified no longer than 25 years

from the date of its original classification, except as provided in

paragraph (b), below. For records otherwise subject to this

paragraph for which a review or assessment conducted by the agency

and confirmed by the Information Security Oversight Office has

determined that they: (1) contain information that was created by

or is under the control of more than one agency, or (2) are within

file series containing information that almost invariably pertains

to intelligence sources or methods, all classified information in

such records shall be automatically declassified, whether or not

the records have been reviewed, within 8 years from the date of

this order, except as provided in paragraph (b), below. For records

that contain information that becomes subject to automatic

declassification after the dates otherwise established in this

paragraph, all classified information in such records shall be

automatically declassified, whether or not the records have been

reviewed on December 31 of the year that is 25 years from the

origin of the information, except as provided in paragraph (b),

below.

(b) An agency head may exempt from automatic declassification

under paragraph (a), above, specific information, the release of

which should be expected to:

(1) reveal the identity of a confidential human source, or

reveal information about the application of an intelligence

source or method, or reveal the identity of a human intelligence

source when the unauthorized disclosure of that source would

clearly and demonstrably damage the national security interests

of the United States;

(2) reveal information that would assist in the development or

use of weapons of mass destruction;

(3) reveal information that would impair U.S. cryptologic

systems or activities;

(4) reveal information that would impair the application of

state of the art technology within a U.S. weapon system;

(5) reveal actual U.S. military war plans that remain in

effect;

(6) reveal information that would seriously and demonstrably

impair relations between the United States and a foreign

government, or seriously and demonstrably undermine ongoing

diplomatic activities of the United States;

(7) reveal information that would clearly and demonstrably

impair the current ability of United States Government officials

to protect the President, Vice President, and other officials for

whom protection services, in the interest of national security,

are authorized;

(8) reveal information that would seriously and demonstrably

impair current national security emergency preparedness plans; or

(9) violate a statute, treaty, or international agreement.

(c) No later than the effective date of this order, an agency

head shall notify the President through the Assistant to the

President for National Security Affairs of any specific file series

of records for which a review or assessment has determined that the

information within those file series almost invariably falls within

one or more of the exemption categories listed in paragraph (b),

above, and which the agency proposes to exempt from automatic

declassification. The notification shall include:

(1) a description of the file series;

(2) an explanation of why the information within the file

series is almost invariably exempt from automatic

declassification and why the information must remain classified

for a longer period of time; and

(3) except for the identity of a confidential human source or a

human intelligence source, as provided in paragraph (b), above, a

specific date or event for declassification of the information.

The President may direct the agency head not to exempt the file

series or to declassify the information within that series at an

earlier date than recommended.

(d) At least 180 days before information is automatically

declassified under this section, an agency head or senior agency

official shall notify the Director of the Information Security

Oversight Office, serving as Executive Secretary of the Interagency

Security Classification Appeals Panel, of any specific information

beyond that included in a notification to the President under

paragraph (c), above, that the agency proposes to exempt from

automatic declassification. The notification shall include:

(1) a description of the information;

(2) an explanation of why the information is exempt from

automatic declassification and must remain classified for a

longer period of time; and

(3) except for the identity of a confidential human source or a

human intelligence source, as provided in paragraph (b), above, a

specific date or event for declassification of the information.

The Panel may direct the agency not to exempt the information or

to declassify it at an earlier date than recommended. The agency

head may appeal such a decision to the President through the

Assistant to the President for National Security Affairs. The

information will remain classified while such an appeal is

pending.

(e) No later than the effective date of this order, the agency

head or senior agency official shall provide the Director of the

Information Security Oversight Office with a plan for compliance

with the requirements of this section, including the establishment

of interim target dates. Each such plan shall include the

requirement that the agency declassify at least 15 percent of the

records affected by this section no later than 1 year from the

effective date of this order, and similar commitments for

subsequent years until the effective date for automatic

declassification.

(f) Information exempted from automatic declassification under

this section shall remain subject to the mandatory and systematic

declassification review provisions of this order.

(g) The Secretary of State shall determine when the United States

should commence negotiations with the appropriate officials of a

foreign government or international organization of governments to

modify any treaty or international agreement that requires the

classification of information contained in records affected by this

section for a period longer than 25 years from the date of its

creation, unless the treaty or international agreement pertains to

information that may otherwise remain classified beyond 25 years

under this section.

Sec. 3.5. Systematic Declassification Review. (a) Each agency

that has originated classified information under this order or its

predecessors shall establish and conduct a program for systematic

declassification review. This program shall apply to historically

valuable records exempted from automatic declassification under

section 3.4 of this order. Agencies shall prioritize the systematic

review of records based upon:

(1) recommendations of the Information Security Policy Advisory

Council, established in section 5.5 of this order, on specific

subject areas for systematic review concentration; or

(2) the degree of researcher interest and the likelihood of

declassification upon review.

(b) The Archivist shall conduct a systematic declassification

review program for classified information: (1) accessioned into the

National Archives as of the effective date of this order; (2)

information transferred to the Archivist pursuant to section 2203

of title 44, United States Code; and (3) information for which the

National Archives and Records Administration serves as the

custodian of the records of an agency or organization that has gone

out of existence. This program shall apply to pertinent records no

later than 25 years from the date of their creation. The Archivist

shall establish priorities for the systematic review of these

records based upon the recommendations of the Information Security

Policy Advisory Council; or the degree of researcher interest and

the likelihood of declassification upon review. These records shall

be reviewed in accordance with the standards of this order, its

implementing directives, and declassification guides provided to

the Archivist by each agency that originated the records. The

Director of the Information Security Oversight Office shall assure

that agencies provide the Archivist with adequate and current

declassification guides.

(c) After consultation with affected agencies, the Secretary of

Defense may establish special procedures for systematic review for

declassification of classified cryptologic information, and the

Director of Central Intelligence may establish special procedures

for systematic review for declassification of classified

information pertaining to intelligence activities (including

special activities), or intelligence sources or methods.

Sec. 3.6. Mandatory Declassification Review. (a) Except as

provided in paragraph (b), below, all information classified under

this order or predecessor orders shall be subject to a review for

declassification by the originating agency if:

(1) the request for a review describes the document or material

containing the information with sufficient specificity to enable

the agency to locate it with a reasonable amount of effort;

(2) the information is not exempted from search and review

under the Central Intelligence Agency Information Act [see Short

Title of 1984 Amendment note, set out under section 401 of this

title]; and

(3) the information has not been reviewed for declassification

within the past 2 years. If the agency has reviewed the

information within the past 2 years, or the information is the

subject of pending litigation, the agency shall inform the

requester of this fact and of the requester's appeal rights.

(b) Information originated by:

(1) the incumbent President;

(2) the incumbent President's White House Staff;

(3) committees, commissions, or boards appointed by the

incumbent President; or

(4) other entities within the Executive Office of the President

that solely advise and assist the incumbent President is exempted

from the provisions of paragraph (a), above. However, the

Archivist shall have the authority to review, downgrade, and

declassify information of former Presidents under the control of

the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203

of title 44, United States Code. Review procedures developed by

the Archivist shall provide for consultation with agencies having

primary subject matter interest and shall be consistent with the

provisions of applicable laws or lawful agreements that pertain

to the respective Presidential papers or records. Agencies with

primary subject matter interest shall be notified promptly of the

Archivist's decision. Any final decision by the Archivist may be

appealed by the requester or an agency to the Interagency

Security Classification Appeals Panel. The information shall

remain classified pending a prompt decision on the appeal.

(c) Agencies conducting a mandatory review for declassification

shall declassify information that no longer meets the standards for

classification under this order. They shall release this

information unless withholding is otherwise authorized and

warranted under applicable law.

(d) In accordance with directives issued pursuant to this order,

agency heads shall develop procedures to process requests for the

mandatory review of classified information. These procedures shall

apply to information classified under this or predecessor orders.

They also shall provide a means for administratively appealing a

denial of a mandatory review request, and for notifying the

requester of the right to appeal a final agency decision to the

Interagency Security Classification Appeals Panel.

(e) After consultation with affected agencies, the Secretary of

Defense shall develop special procedures for the review of

cryptologic information, the Director of Central Intelligence shall

develop special procedures for the review of information pertaining

to intelligence activities (including special activities), or

intelligence sources or methods, and the Archivist shall develop

special procedures for the review of information accessioned into

the National Archives.

Sec. 3.7. Processing Requests and Reviews. In response to a

request for information under the Freedom of Information Act [5

U.S.C. 552], the Privacy Act of 1974 [5 U.S.C. 552a], or the

mandatory review provisions of this order, or pursuant to the

automatic declassification or systematic review provisions of this

order:

(a) An agency may refuse to confirm or deny the existence or

nonexistence of requested information whenever the fact of its

existence or nonexistence is itself classified under this order.

(b) When an agency receives any request for documents in its

custody that contain information that was originally classified by

another agency, or comes across such documents in the process of

the automatic declassification or systematic review provisions of

this order, it shall refer copies of any request and the pertinent

documents to the originating agency for processing, and may, after

consultation with the originating agency, inform any requester of

the referral unless such association is itself classified under

this order. In cases in which the originating agency determines in

writing that a response under paragraph (a), above, is required,

the referring agency shall respond to the requester in accordance

with that paragraph.

Sec. 3.8. Declassification Database. (a) The Archivist in

conjunction with the Director of the Information Security Oversight

Office and those agencies that originate classified information,

shall establish a Governmentwide database of information that has

been declassified. The Archivist shall also explore other possible

uses of technology to facilitate the declassification process.

(b) Agency heads shall fully cooperate with the Archivist in

these efforts.

(c) Except as otherwise authorized and warranted by law, all

declassified information contained within the database established

under paragraph (a), above, shall be available to the public.

PART 4 - SAFEGUARDING

Sec. 4.1. Definitions. For purposes of this order: (a)

"Safeguarding" means measures and controls that are prescribed to

protect classified information.

(b) "Access" means the ability or opportunity to gain knowledge

of classified information.

(c) "Need-to-know" means a determination made by an authorized

holder of classified information that a prospective recipient

requires access to specific classified information in order to

perform or assist in a lawful and authorized governmental function.

(d) "Automated information system" means an assembly of computer

hardware, software, or firmware configured to collect, create,

communicate, compute, disseminate, process, store, or control data

or information.

(e) "Integrity" means the state that exists when information is

unchanged from its source and has not been accidentally or

intentionally modified, altered, or destroyed.

(f) "Network" means a system of two or more computers that can

exchange data or information.

(g) "Telecommunications" means the preparation, transmission, or

communication of information by electronic means.

(h) "Special access program" means a program established for a

specific class of classified information that imposes safeguarding

and access requirements that exceed those normally required for

information at the same classification level.

Sec. 4.2. General Restrictions on Access. (a) A person may have

access to classified information provided that:

(1) a favorable determination of eligibility for access has

been made by an agency head or the agency head's designee;

(2) the person has signed an approved nondisclosure agreement;

and

(3) the person has a need-to-know the information.

(b) Classified information shall remain under the control of the

originating agency or its successor in function. An agency shall

not disclose information originally classified by another agency

without its authorization. An official or employee leaving agency

service may not remove classified information from the agency's

control.

(c) Classified information may not be removed from official

premises without proper authorization.

(d) Persons authorized to disseminate classified information

outside the executive branch shall assure the protection of the

information in a manner equivalent to that provided within the

executive branch.

(e) Consistent with law, directives, and regulation, an agency

head or senior agency official shall establish uniform procedures

to ensure that automated information systems, including networks

and telecommunications systems, that collect, create, communicate,

compute, disseminate, process, or store classified information have

controls that:

(1) prevent access by unauthorized persons; and

(2) ensure the integrity of the information.

(f) Consistent with law, directives, and regulation, each agency

head or senior agency official shall establish controls to ensure

that classified information is used, processed, stored, reproduced,

transmitted, and destroyed under conditions that provide adequate

protection and prevent access by unauthorized persons.

(g) Consistent with directives issued pursuant to this order, an

agency shall safeguard foreign government information under

standards that provide a degree of protection at least equivalent

to that required by the government or international organization of

governments that furnished the information. When adequate to

achieve equivalency, these standards may be less restrictive than

the safeguarding standards that ordinarily apply to United States

"Confidential" information, including allowing access to

individuals with a need-to-know who have not otherwise been cleared

for access to classified information or executed an approved

nondisclosure agreement.

(h) Except as provided by statute or directives issued pursuant

to this order, classified information originating in one agency may

not be disseminated outside any other agency to which it has been

made available without the consent of the originating agency. An

agency head or senior agency official may waive this requirement

for specific information originated within that agency. For

purposes of this section, the Department of Defense shall be

considered one agency.

Sec. 4.3. Distribution Controls. (a) Each agency shall establish

controls over the distribution of classified information to assure

that it is distributed only to organizations or individuals

eligible for access who also have a need-to-know the information.

(b) Each agency shall update, at least annually, the automatic,

routine, or recurring distribution of classified information that

they distribute. Recipients shall cooperate fully with distributors

who are updating distribution lists and shall notify distributors

whenever a relevant change in status occurs.

Sec. 4.4. Special Access Programs. (a) Establishment of special

access programs. Unless otherwise authorized by the President, only

the Secretaries of State, Defense and Energy, and the Director of

Central Intelligence, or the principal deputy of each, may create a

special access program. For special access programs pertaining to

intelligence activities (including special activities, but not

including military operational, strategic and tactical programs),

or intelligence sources or methods, this function will be exercised

by the Director of Central Intelligence. These officials shall keep

the number of these programs at an absolute minimum, and shall

establish them only upon a specific finding that:

(1) the vulnerability of, or threat to, specific information is

exceptional; and

(2) the normal criteria for determining eligibility for access

applicable to information classified at the same level are not

deemed sufficient to protect the information from unauthorized

disclosure; or

(3) the program is required by statute.

(b) Requirements and Limitations. (1) Special access programs

shall be limited to programs in which the number of persons who

will have access ordinarily will be reasonably small and

commensurate with the objective of providing enhanced protection

for the information involved.

(2) Each agency head shall establish and maintain a system of

accounting for special access programs consistent with directives

issued pursuant to this order.

(3) Special access programs shall be subject to the oversight

program established under section 5.6(c) of this order. In

addition, the Director of the Information Security Oversight Office

shall be afforded access to these programs, in accordance with the

security requirements of each program, in order to perform the

functions assigned to the Information Security Oversight Office

under this order. An agency head may limit access to a special

access program to the Director and no more than one other employee

of the Information Security Oversight Office; or, for special

access programs that are extraordinarily sensitive and vulnerable,

to the Director only.

(4) The agency head or principal deputy shall review annually

each special access program to determine whether it continues to

meet the requirements of this order.

(5) Upon request, an agency shall brief the Assistant to the

President for National Security Affairs, or his or her designee, on

any or all of the agency's special access programs.

(c) Within 180 days after the effective date of this order, each

agency head or principal deputy shall review all existing special

access programs under the agency's jurisdiction. These officials

shall terminate any special access programs that do not clearly

meet the provisions of this order. Each existing special access

program that an agency head or principal deputy validates shall be

treated as if it were established on the effective date of this

order.

(d) Nothing in this order shall supersede any requirement made by

or under 10 U.S.C. 119.

Sec. 4.5. Access by Historical Researchers and Former

Presidential Appointees. (a) The requirement in section 4.2(a)(3)

of this order that access to classified information may be granted

only to individuals who have a need-to-know the information may be

waived for persons who:

(1) are engaged in historical research projects; or

(2) previously have occupied policy-making positions to which

they were appointed by the President.

(b) Waivers under this section may be granted only if the agency

head or senior agency official of the originating agency:

(1) determines in writing that access is consistent with the

interest of national security;

(2) takes appropriate steps to protect classified information

from unauthorized disclosure or compromise, and ensures that the

information is safeguarded in a manner consistent with this

order; and

(3) limits the access granted to former Presidential appointees

to items that the person originated, reviewed, signed, or

received while serving as a Presidential appointee.

PART 5 - IMPLEMENTATION AND REVIEW

Sec. 5.1. Definitions. For purposes of this order: (a)

"Self-inspection" means the internal review and evaluation of

individual agency activities and the agency as a whole with respect

to the implementation of the program established under this order

and its implementing directives.

(b) "Violation" means:

(1) any knowing, willful, or negligent action that could

reasonably be expected to result in an unauthorized disclosure of

classified information;

(2) any knowing, willful, or negligent action to classify or

continue the classification of information contrary to the

requirements of this order or its implementing directives; or

(3) any knowing, willful, or negligent action to create or

continue a special access program contrary to the requirements of

this order.

(c) "Infraction" means any knowing, willful, or negligent action

contrary to the requirements of this order or its implementing

directives that does not comprise a "violation," as defined above.

Sec. 5.2. Program Direction. (a) The Director of the Information

Security Oversight Office, under the direction of the Archivist of

the United States and in consultation with the Assistant to the

President for National Security Affairs and the co-chairs of the

Security Policy Board, shall issue such directives as are necessary

to implement this order. These directives shall be binding upon the

agencies. Directives issued by the Director of the Information

Security Oversight Office shall establish standards for:

(1) classification and marking principles;

(2) agency security education and training programs;

(3) agency self-inspection programs; and

(4) classification and declassification guides.

(b) The Archivist of the United States shall delegate the

implementation and monitorship functions of this program to the

Director of the Information Security Oversight Office.

(c) The Security Policy Board, established by a Presidential

Decision Directive, shall make a recommendation to the President

through the Assistant to the President for National Security

Affairs with respect to the issuance of a Presidential directive on

safeguarding classified information. The Presidential directive

shall pertain to the handling, storage, distribution, transmittal,

and destruction of and accounting for classified information.

Sec. 5.3. Information Security Oversight Office. (a) There is

established within the National Archives and Records Administration

an Information Security Oversight Office. The Archivist of the

United States shall appoint the Director of the Information

Security Oversight Office, subject to the approval of the

President.

(b) Under the direction of the Archivist of the United States,

acting in consultation with the Assistant to the President for

National Security Affairs, the Director of the Information Security

Oversight Office shall:

(1) develop directives for the implementation of this order;

(2) oversee agency actions to ensure compliance with this order

and its implementing directives;

(3) review and approve agency implementing regulations and

agency guides for systematic declassification review prior to

their issuance by the agency;

(4) have the authority to conduct on-site reviews of each

agency's program established under this order, and to require of

each agency those reports, information, and other cooperation

that may be necessary to fulfill its responsibilities. If

granting access to specific categories of classified information

would pose an exceptional national security risk, the affected

agency head or the senior agency official shall submit a written

justification recommending the denial of access to the President

through the Assistant to the President for National Security

Affairs within 60 days of the request for access. Access shall be

denied pending the response,[;]

(5) review requests for original classification authority from

agencies or officials not granted original classification

authority and, if deemed appropriate, recommend Presidential

approval through the Director of the Office of Management and

Budget;

(6) consider and take action on complaints and suggestions from

persons within or outside the Government with respect to the

administration of the program established under this order;

(7) have the authority to prescribe, after consultation with

affected agencies, standardization of forms or procedures that

will promote the implementation of the program established under

this order;

(8) report at least annually to the President on the

implementation of this order; and

(9) convene and chair interagency meetings to discuss matters

pertaining to the program established by this order.

Sec. 5.4. Interagency Security Classification Appeals Panel.

(a) Establishment and Administration.

(1) There is established an Interagency Security Classification

Appeals Panel ("Panel"). The Secretaries of State and Defense,

the Attorney General, the Director of Central Intelligence, the

Archivist of the United States, and the Assistant to the

President for National Security Affairs shall each appoint a

senior level representative to serve as a member of the Panel.

The President shall select the Chair of the Panel from among the

Panel members.

(2) A vacancy on the Panel shall be filled as quickly as

possible as provided in paragraph (1), above.

(3) The Director of the Information Security Oversight Office

shall serve as the Executive Secretary. The staff of the

Information Security Oversight Office shall provide program and

administrative support for the Panel.

(4) The members and staff of the Panel shall be required to

meet eligibility for access standards in order to fulfill the

Panel's functions.

(5) The Panel shall meet at the call of the Chair. The Chair

shall schedule meetings as may be necessary for the Panel to

fulfill its functions in a timely manner.

(6) The Information Security Oversight Office shall include in

its reports to the President a summary of the Panel's activities.

(b) Functions. The Panel shall:

(1) decide on appeals by persons who have filed classification

challenges under section 1.9 of this order;

(2) approve, deny, or amend agency exemptions from automatic

declassification as provided in section 3.4 of this order; and

(3) decide on appeals by persons or entities who have filed

requests for mandatory declassification review under section 3.6

of this order.

(c) Rules and Procedures. The Panel shall issue bylaws, which

shall be published in the Federal Register no later than 120 days

from the effective date of this order. The bylaws shall establish

the rules and procedures that the Panel will follow in accepting,

considering, and issuing decisions on appeals. The rules and

procedures of the Panel shall provide that the Panel will consider

appeals only on actions in which: (1) the appellant has exhausted

his or her administrative remedies within the responsible agency;

(2) there is no current action pending on the issue within the

federal courts; and (3) the information has not been the subject of

review by the federal courts or the Panel within the past 2 years.

(d) Agency heads will cooperate fully with the Panel so that it

can fulfill its functions in a timely and fully informed manner. An

agency head may appeal a decision of the Panel to the President

through the Assistant to the President for National Security

Affairs. The Panel will report to the President through the

Assistant to the President for National Security Affairs any

instance in which it believes that an agency head is not

cooperating fully with the Panel.

(e) The Appeals Panel is established for the sole purpose of

advising and assisting the President in the discharge of his

constitutional and discretionary authority to protect the national

security of the United States. Panel decisions are committed to the

discretion of the Panel, unless reversed by the President.

Sec. 5.5. Information Security Policy Advisory Council.

(a) Establishment. There is established an Information Security

Policy Advisory Council ("Council"). The Council shall be composed

of seven members appointed by the President for staggered terms not

to exceed 4 years, from among persons who have demonstrated

interest and expertise in an area related to the subject matter of

this order and are not otherwise employees of the Federal

Government. The President shall appoint the Council Chair from

among the members. The Council shall comply with the Federal

Advisory Committee Act, as amended, 5 U.S.C. App. 2.

(b) Functions. The Council shall:

(1) advise the President, the Assistant to the President for

National Security Affairs, the Director of the Office of

Management and Budget, or such other executive branch officials

as it deems appropriate, on policies established under this order

or its implementing directives, including recommended changes to

those policies;

(2) provide recommendations to agency heads for specific

subject areas for systematic declassification review; and

(3) serve as a forum to discuss policy issues in dispute.

(c) Meetings. The Council shall meet at least twice each calendar

year, and as determined by the Assistant to the President for

National Security Affairs or the Director of the Office of

Management and Budget.

(d) Administration.

(1) Each Council member may be compensated at a rate of pay not

to exceed the daily equivalent of the annual rate of basic pay in

effect for grade GS-18 of the general schedule under section 5376

of title 5, United States Code, for each day during which that

member is engaged in the actual performance of the duties of the

Council.

(2) While away from their homes or regular place of business in

the actual performance of the duties of the Council, members may

be allowed travel expenses, including per diem in lieu of

subsistence, as authorized by law for persons serving

intermittently in the Government service (5 U.S.C. 5703(b)).

(3) To the extent permitted by law and subject to the

availability of funds, the Information Security Oversight Office

shall provide the Council with administrative services,

facilities, staff, and other support services necessary for the

performance of its functions.

(4) Notwithstanding any other Executive order, the functions of

the President under the Federal Advisory Committee Act, as

amended [5 App. U.S.C.], that are applicable to the Council,

except that of reporting to the Congress, shall be performed by

the Director of the Information Security Oversight Office in

accordance with the guidelines and procedures established by the

General Services Administration.

Sec. 5.6. General Responsibilities. Heads of agencies that

originate or handle classified information shall:

(a) demonstrate personal commitment and commit senior management

to the successful implementation of the program established under

this order;

(b) commit necessary resources to the effective implementation of

the program established under this order; and

(c) designate a senior agency official to direct and administer

the program, whose responsibilities shall include:

(1) overseeing the agency's program established under this

order, provided, an agency head may designate a separate official

to oversee special access programs authorized under this order.

This official shall provide a full accounting of the agency's

special access programs at least annually;

(2) promulgating implementing regulations, which shall be

published in the Federal Register to the extent that they affect

members of the public;

(3) establishing and maintaining security education and

training programs;

(4) establishing and maintaining an ongoing self-inspection

program, which shall include the periodic review and assessment

of the agency's classified product;

(5) establishing procedures to prevent unnecessary access to

classified information, including procedures that: (i) require

that a need for access to classified information is established

before initiating administrative clearance procedures; and (ii)

ensure that the number of persons granted access to classified

information is limited to the minimum consistent with operational

and security requirements and needs;

(6) developing special contingency plans for the safeguarding

of classified information used in or near hostile or potentially

hostile areas;

(7) assuring that the performance contract or other system used

to rate civilian or military personnel performance includes the

management of classified information as a critical element or

item to be evaluated in the rating of: (i) original

classification authorities; (ii) security managers or security

specialists; and (iii) all other personnel whose duties

significantly involve the creation or handling of classified

information;

(8) accounting for the costs associated with the implementation

of this order, which shall be reported to the Director of the

Information Security Oversight Office for publication; and

(9) assigning in a prompt manner agency personnel to respond to

any request, appeal, challenge, complaint, or suggestion arising

out of this order that pertains to classified information that

originated in a component of the agency that no longer exists and

for which there is no clear successor in function.

Sec. 5.7. Sanctions. (a) If the Director of the Information

Security Oversight Office finds that a violation of this order or

its implementing directives may have occurred, the Director shall

make a report to the head of the agency or to the senior agency

official so that corrective steps, if appropriate, may be taken.

(b) Officers and employees of the United States Government, and

its contractors, licensees, certificate holders, and grantees shall

be subject to appropriate sanctions if they knowingly, willfully,

or negligently:

(1) disclose to unauthorized persons information properly

classified under this order or predecessor orders;

(2) classify or continue the classification of information in

violation of this order or any implementing directive;

(3) create or continue a special access program contrary to the

requirements of this order; or

(4) contravene any other provision of this order or its

implementing directives.

(c) Sanctions may include reprimand, suspension without pay,

removal, termination of classification authority, loss or denial of

access to classified information, or other sanctions in accordance

with applicable law and agency regulation.

(d) The agency head, senior agency official, or other supervisory

official shall, at a minimum, promptly remove the classification

authority of any individual who demonstrates reckless disregard or

a pattern of error in applying the classification standards of this

order.

(e) The agency head or senior agency official shall:

(1) take appropriate and prompt corrective action when a

violation or infraction under paragraph (b), above, occurs; and

(2) notify the Director of the Information Security Oversight

Office when a violation under paragraph (b)(1), (2) or (3),

above, occurs.

PART 6 - GENERAL PROVISIONS

Sec. 6.1. General Provisions. (a) Nothing in this order shall

supersede any requirement made by or under the Atomic Energy Act of

1954, as amended [42 U.S.C. 2011 et seq.], or the National Security

Act of 1947, as amended [act July 26, 1947, see Short Title note

set out under section 401 of this title]. "Restricted Data" and

"Formerly Restricted Data" shall be handled, protected, classified,

downgraded, and declassified in conformity with the provisions of

the Atomic Energy Act of 1954, as amended, and regulations issued

under that Act.

(b) The Attorney General, upon request by the head of an agency

or the Director of the Information Security Oversight Office, shall

render an interpretation of this order with respect to any question

arising in the course of its administration.

(c) Nothing in this order limits the protection afforded any

information by other provisions of law, including the exemptions to

the Freedom of Information Act [5 U.S.C. 552], the Privacy Act [5

U.S.C. 552a], and the National Security Act of 1947, as amended.

This order is not intended, and should not be construed, to create

any right or benefit, substantive or procedural, enforceable at law

by a party against the United States, its agencies, its officers,

or its employees. The foregoing is in addition to the specific

provisos set forth in sections 1.2(b), 3.2(b) and 5.4(e) of this

order.

(d) Executive Order No. 12356 of April 6, 1982, is revoked as of

the effective date of this order.

Sec. 6.2. Effective Date. This order shall become effective 180

days from the date of this order.

William J. Clinton.

-EXEC-

OFFICIALS DESIGNATED TO CLASSIFY NATIONAL SECURITY INFORMATION

Executive Secretary of National Security Council designated to

exercise authority of President to classify certain information

originally as "Top Secret" by section 7(b) of Ex. Ord. No. 13010,

July 15, 1996, 61 F.R. 37347, as amended, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.

Order of President of the United States, dated Oct. 13, 1995, 60

F.R. 53845, provided:

Pursuant to the provisions of Section 1.4 of Executive Order No.

12958 of April 17, 1995, entitled "Classified National Security

Information," [set out above] I hereby designate the following

officials to classify information originally as "Top Secret",

"Secret", or "Confidential":

-MISC4-

TOP SECRET

EXECUTIVE OFFICE OF THE PRESIDENT:

The Vice President

The Chief of Staff to the President

The Director, Office of Management and Budget

The Assistant to the President for National Security Affairs

The Director, Office of National Drug Control Policy

The Chairman, President's Foreign Intelligence Advisory Board

DEPARTMENTS AND AGENCIES:

The Secretary of State

The Secretary of the Treasury

The Secretary of Defense

The Secretary of the Army

The Secretary of the Navy

The Secretary of the Air Force

The Attorney General

The Secretary of Energy

The Chairman, Nuclear Regulatory Commission

The Director, United States Arms Control and Disarmament Agency

The Director of Central Intelligence

The Administrator, National Aeronautics and Space Administration

The Director, Federal Emergency Management Agency

SECRET

EXECUTIVE OFFICE OF THE PRESIDENT:

The United States Trade Representative

The Chairman, Council of Economic Advisers

The Director, Office of Science and Technology Policy

DEPARTMENTS AND AGENCIES:

The Secretary of Commerce

The Secretary of Transportation

The Administrator, Agency for International Development

The Director, United States Information Agency

CONFIDENTIAL

The President, Export-Import Bank of the United States

The President, Overseas Private Investment Corporation

Any delegation of this authority shall be in accordance with

Section 1.4(c) of Executive Order No. 12958.

This Order shall be published in the Federal Register.

William J. Clinton.

[For abolition of United States Arms Control and Disarmament

Agency and United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references, see

sections 6511-6521, 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.]

Order of President of the United States, dated Feb. 27, 1996, 61

F.R. 7977, provided:

Pursuant to the provisions of section 1.4 of Executive Order No.

12958 of April 17, 1995, entitled "Classified National Security

Information," [set out above] I hereby designate the following

additional officials to classify information originally as "Top

Secret":

The Chair, Commission on the Roles and Capabilities of the United

States Intelligence Community

The Director, National Counterintelligence Center

The Chair of the Commission on the Roles and Capabilities of the

United States Intelligence Community, shall exercise the authority

to classify information originally as "Top Secret" during the

existence of the Commission and for such time afterwards as may be

necessary to complete the Commission's administrative affairs.

The authority of the Director of the National Counterintelligence

Center to classify information originally as "Top Secret" is

limited to those circumstances in which the original classification

of information is necessary in order for the Center to fulfill its

mission and functions.

Any delegation of this authority shall be in accordance with

section 1.4(c) of Executive Order No. 12958.

This order shall be published in the Federal Register.

William J. Clinton.

Order of President of the United States, dated Feb. 26, 1997, 62

F.R. 9349, provided:

Pursuant to the provisions of section 1.4 of Executive Order

12958 of April 17, 1995, entitled "Classified National Security

Information," [set out above] I hereby designate the following

additional official to classify information originally as "Top

Secret":

The Chair, President's Commission on Critical Infrastructure

Protection.

The Chair of the President's Commission on Critical

Infrastructure Protection, established under Executive Order 13010

of July 15, 1996 [42 U.S.C. 5195 note], shall exercise the

authority to classify information originally as "Top Secret" during

the existence of the Commission.

Any delegation of this authority shall be in accordance with

section 1.4(c) of Executive Order 12958.

This order shall be published in the Federal Register.

William J. Clinton.

Order of President of the United States, dated Dec. 10, 2001, 66

F.R. 64347, provided:

Pursuant to the provisions of section 1.4 of Executive Order

12958 of April 17, 1995, entitled "Classified National Security

Information," [set out above] I hereby designate the Secretary of

Health and Human Services to classify information originally as

"Secret."

Any delegation of this authority shall be in accordance with

section 1.4(c) of Executive Order 12958.

This order shall be published in the Federal Register.

George W. Bush.

Order of President of the United States, dated May 6, 2002, 67

F.R. 31109, provided:

In accordance with the provisions of section 1.4 of Executive

Order 12958 of April 17, 1995, entitled "Classified National

Security Information," [set out above] I hereby designate the

Administrator of the Environmental Protection Agency to classify

information originally as "Secret."

Any delegation of this authority shall be in accordance with

section 1.4(c) of Executive Order 12958.

This order shall be published in the Federal Register.

George W. Bush.

Order of President of the United States, dated Sept. 26, 2002, 67

F.R. 61465, provided:

In accordance with the provisions of section 1.4 of Executive

Order 12958 of April 17, 1995, entitled "Classified National

Security Information," [set out above] I hereby designate the

Secretary of Agriculture to classify information originally as

"Secret."

Any delegation of this authority shall be in accordance with

section 1.4(c) of Executive Order 12958.

This order shall be published in the Federal Register.

George W. Bush.

-EXEC-

EX. ORD. NO. 12968. ACCESS TO CLASSIFIED INFORMATION

Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, provided:

The national interest requires that certain information be

maintained in confidence through a system of classification in

order to protect our citizens, our democratic institutions, and our

participation within the community of nations. The unauthorized

disclosure of information classified in the national interest can

cause irreparable damage to the national security and loss of human

life.

Security policies designed to protect classified information must

ensure consistent, cost effective, and efficient protection of our

Nation's classified information, while providing fair and equitable

treatment to those Americans upon whom we rely to guard our

national security.

This order establishes a uniform Federal personnel security

program for employees who will be considered for initial or

continued access to classified information.

NOW, THEREFORE, by the authority vested in me as President by the

Constitution and the laws of the United States of America, it is

hereby ordered as follows:

-MISC5-

PART 1 - DEFINITIONS, ACCESS TO CLASSIFIED INFORMATION, FINANCIAL

DISCLOSURE, AND OTHER ITEMS

Section 1.1. Definitions. For the purposes of this order: (a)

"Agency" means any "Executive agency," as defined in 5 U.S.C. 105,

the "military departments," as defined in 5 U.S.C. 102, and any

other entity within the executive branch that comes into the

possession of classified information, including the Defense

Intelligence Agency, National Security Agency, and the National

Reconnaissance Office.

(b) "Applicant" means a person other than an employee who has

received an authorized conditional offer of employment for a

position that requires access to classified information.

(c) "Authorized investigative agency" means an agency authorized

by law or regulation to conduct a counterintelligence investigation

or investigation of persons who are proposed for access to

classified information to ascertain whether such persons satisfy

the criteria for obtaining and retaining access to such

information.

(d) "Classified information" means information that has been

determined pursuant to Executive Order No. 12958 [set out above],

or any successor order, Executive Order No. 12951 [set out above],

or any successor order, or the Atomic Energy Act of 1954 (42 U.S.C.

2011 [et seq.]), to require protection against unauthorized

disclosure.

(e) "Employee" means a person, other than the President and Vice

President, employed by, detailed or assigned to, an agency,

including members of the Armed Forces; an expert or consultant to

an agency; an industrial or commercial contractor, licensee,

certificate holder, or grantee of an agency, including all

subcontractors; a personal services contractor; or any other

category of person who acts for or on behalf of an agency as

determined by the appropriate agency head.

(f) "Foreign power" and "agent of a foreign power" have the

meaning provided in 50 U.S.C. 1801.

(g) "Need for access" means a determination that an employee

requires access to a particular level of classified information in

order to perform or assist in a lawful and authorized governmental

function.

(h) "Need-to-know" means a determination made by an authorized

holder of classified information that a prospective recipient

requires access to specific classified information in order to

perform or assist in a lawful and authorized governmental function.

(i) "Overseas Security Policy Board" means the Board established

by the President to consider, develop, coordinate and promote

policies, standards and agreements on overseas security operations,

programs and projects that affect all United States Government

agencies under the authority of a Chief of Mission.

(j) "Security Policy Board" means the Board established by the

President to consider, coordinate, and recommend policy directives

for U.S. security policies, procedures, and practices.

(k) "Special access program" has the meaning provided in section

4.1 of Executive Order No. 12958 [set out above], or any successor

order.

Sec. 1.2. Access to Classified Information. (a) No employee shall

be granted access to classified information unless that employee

has been determined to be eligible in accordance with this order

and to possess a need-to-know.

(b) Agency heads shall be responsible for establishing and

maintaining an effective program to ensure that access to

classified information by each employee is clearly consistent with

the interests of the national security.

(c) Employees shall not be granted access to classified

information unless they:

(1) have been determined to be eligible for access under section

3.1 of this order by agency heads or designated officials based

upon a favorable adjudication of an appropriate investigation of

the employee's background;

(2) have a demonstrated need-to-know; and

(3) have signed an approved nondisclosure agreement.

(d) All employees shall be subject to investigation by an

appropriate government authority prior to being granted access to

classified information and at any time during the period of access

to ascertain whether they continue to meet the requirements for

access.

(e)(1) All employees granted access to classified information

shall be required as a condition of such access to provide to the

employing agency written consent permitting access by an authorized

investigative agency, for such time as access to classified

information is maintained and for a period of 3 years thereafter,

to:

(A) relevant financial records that are maintained by a financial

institution as defined in 31 U.S.C. 5312(a) or by a holding company

as defined in section 1101(6) of the Right to Financial Privacy Act

of 1978 (12 U.S.C. 3401[(6)]);

(B) consumer reports pertaining to the employee under the Fair

Credit Reporting Act (15 U.S.C. 1681a [1681 et seq.]); and

(C) records maintained by commercial entities within the United

States pertaining to any travel by the employee outside the United

States.

(2) Information may be requested pursuant to employee consent

under this section where:

(A) there are reasonable grounds to believe, based on credible

information, that the employee or former employee is, or may be,

disclosing classified information in an unauthorized manner to a

foreign power or agent of a foreign power;

(B) information the employing agency deems credible indicates the

employee or former employee has incurred excessive indebtedness or

has acquired a level of affluence that cannot be explained by other

information; or

(C) circumstances indicate the employee or former employee had

the capability and opportunity to disclose classified information

that is known to have been lost or compromised to a foreign power

or an agent of a foreign power.

(3) Nothing in this section shall be construed to affect the

authority of an investigating agency to obtain information pursuant

to the Right to Financial Privacy Act [of 1978, 12 U.S.C. 3401 et

seq.], the Fair Credit Reporting Act [15 U.S.C. 1681 et seq.] or

any other applicable law.

Sec. 1.3. Financial Disclosure. (a) Not later than 180 days after

the effective date of this order, the head of each agency that

originates, handles, transmits, or possesses classified information

shall designate each employee, by position or category where

possible, who has a regular need for access to classified

information that, in the discretion of the agency head, would

reveal:

(1) the identity of covert agents as defined in the Intelligence

Identities Protection Act of 1982 (50 U.S.C. 421 [et seq.]);

(2) technical or specialized national intelligence collection and

processing systems that, if disclosed in an unauthorized manner,

would substantially negate or impair the effectiveness of the

system;

(3) the details of:

(A) the nature, contents, algorithm, preparation, or use of any

code, cipher, or cryptographic system or;

(B) the design, construction, functioning, maintenance, or repair

of any cryptographic equipment; but not including information

concerning the use of cryptographic equipment and services;

(4) particularly sensitive special access programs, the

disclosure of which would substantially negate or impair the

effectiveness of the information or activity involved; or

(5) especially sensitive nuclear weapons design information (but

only for those positions that have been certified as being of a

high degree of importance or sensitivity, as described in section

145(f) of the Atomic Energy Act of 1954, as amended [42 U.S.C.

2165(f)]).

(b) An employee may not be granted access, or hold a position

designated as requiring access, to information described in

subsection (a) unless, as a condition of access to such

information, the employee:

(1) files with the head of the agency a financial disclosure

report, including information with respect to the spouse and

dependent children of the employee, as part of all background

investigations or reinvestigations;

(2) is subject to annual financial disclosure requirements, if

selected by the agency head; and

(3) files relevant information concerning foreign travel, as

determined by the Security Policy Board.

(c) Not later than 180 days after the effective date of this

order, the Security Policy Board shall develop procedures for the

implementation of this section, including a standard financial

disclosure form for use by employees under subsection (b) of this

section, and agency heads shall identify certain employees, by

position or category, who are subject to annual financial

disclosure.

Sec. 1.4. Use of Automated Financial Record Data Bases. As part

of all investigations and reinvestigations described in section

1.2(d) of this order, agencies may request the Department of the

Treasury, under terms and conditions prescribed by the Secretary of

the Treasury, to search automated data bases consisting of reports

of currency transactions by financial institutions, international

transportation of currency or monetary instruments, foreign bank

and financial accounts, transactions under $10,000 that are

reported as possible money laundering violations, and records of

foreign travel.

Sec. 1.5. Employee Education and Assistance. The head of each

agency that grants access to classified information shall establish

a program for employees with access to classified information to:

(a) educate employees about individual responsibilities under this

order; and

(b) inform employees about guidance and assistance available

concerning issues that may affect their eligibility for access to

classified information, including sources of assistance for

employees who have questions or concerns about financial matters,

mental health, or substance abuse.

PART 2 - ACCESS ELIGIBILITY POLICY AND PROCEDURE

Sec. 2.1. Eligibility Determinations. (a) Determinations of

eligibility for access to classified information shall be based on

criteria established under this order. Such determinations are

separate from suitability determinations with respect to the hiring

or retention of persons for employment by the government or any

other personnel actions.

(b) The number of employees that each agency determines are

eligible for access to classified information shall be kept to the

minimum required for the conduct of agency functions.

(1) Eligibility for access to classified information shall not be

requested or granted solely to permit entry to, or ease of movement

within, controlled areas when the employee has no need for access

and access to classified information may reasonably be prevented.

Where circumstances indicate employees may be inadvertently exposed

to classified information in the course of their duties, agencies

are authorized to grant or deny, in their discretion, facility

access approvals to such employees based on an appropriate level of

investigation as determined by each agency.

(2) Except in agencies where eligibility for access is a

mandatory condition of employment, eligibility for access to

classified information shall only be requested or granted based on

a demonstrated, foreseeable need for access. Requesting or

approving eligibility in excess of actual requirements is

prohibited.

(3) Eligibility for access to classified information may be

granted where there is a temporary need for access, such as

one-time participation in a classified project, provided the

investigative standards established under this order have been

satisfied. In such cases, a fixed date or event for expiration

shall be identified and access to classified information shall be

limited to information related to the particular project or

assignment.

(4) Access to classified information shall be terminated when an

employee no longer has a need for access.

Sec. 2.2. Level of Access Approval. (a) The level at which an

access approval is granted for an employee shall be limited, and

relate directly, to the level of classified information for which

there is a need for access. Eligibility for access to a higher

level of classified information includes eligibility for access to

information classified at a lower level.

(b) Access to classified information relating to a special access

program shall be granted in accordance with procedures established

by the head of the agency that created the program or, for programs

pertaining to intelligence activities (including special activities

but not including military operational, strategic, and tactical

programs) or intelligence sources and methods, by the Director of

Central Intelligence. To the extent possible and consistent with

the national security interests of the United States, such

procedures shall be consistent with the standards and procedures

established by and under this order.

Sec. 2.3. Temporary Access to Higher Levels. (a) An employee who

has been determined to be eligible for access to classified

information based on favorable adjudication of a completed

investigation may be granted temporary access to a higher level

where security personnel authorized by the agency head to make

access eligibility determinations find that such access:

(1) is necessary to meet operational or contractual exigencies

not expected to be of a recurring nature;

(2) will not exceed 180 days; and

(3) is limited to specific, identifiable information that is made

the subject of a written access record.

(b) Where the access granted under subsection (a) of this section

involves another agency's classified information, that agency must

concur before access to its information is granted.

Sec. 2.4. Reciprocal Acceptance of Access Eligibility

Determinations. (a) Except when an agency has substantial

information indicating that an employee may not satisfy the

standards in section 3.1 of this order, background investigations

and eligibility determinations conducted under this order shall be

mutually and reciprocally accepted by all agencies.

(b) Except where there is substantial information indicating that

the employee may not satisfy the standards in section 3.1 of this

order, an employee with existing access to a special access program

shall not be denied eligibility for access to another special

access program at the same sensitivity level as determined

personally by the agency head or deputy agency head, or have an

existing access eligibility readjudicated, so long as the employee

has a need for access to the information involved.

(c) This section shall not preclude agency heads from

establishing additional, but not duplicative, investigative or

adjudicative procedures for a special access program or for

candidates for detail or assignment to their agencies, where such

procedures are required in exceptional circumstances to protect the

national security.

(d) Where temporary eligibility for access is granted under

sections 2.3 or 3.3 of this order or where the determination of

eligibility for access is conditional, the fact of such temporary

or conditional access shall be conveyed to any other agency that

considers affording the employee access to its information.

Sec. 2.5. Specific Access Requirement. (a) Employees who have

been determined to be eligible for access to classified information

shall be given access to classified information only where there is

a need-to-know that information.

(b) It is the responsibility of employees who are authorized

holders of classified information to verify that a prospective

recipient's eligibility for access has been granted by an

authorized agency official and to ensure that a need-to-know exists

prior to allowing such access, and to challenge requests for access

that do not appear well-founded.

Sec. 2.6. Access by Non-United States Citizens. (a) Where there

are compelling reasons in furtherance of an agency mission,

immigrant alien and foreign national employees who possess a

special expertise may, in the discretion of the agency, be granted

limited access to classified information only for specific

programs, projects, contracts, licenses, certificates, or grants

for which there is a need for access. Such individuals shall not be

eligible for access to any greater level of classified information

than the United States Government has determined may be releasable

to the country of which the subject is currently a citizen, and

such limited access may be approved only if the prior 10 years of

the subject's life can be appropriately investigated. If there are

any doubts concerning granting access, additional lawful

investigative procedures shall be fully pursued.

(b) Exceptions to these requirements may be permitted only by the

agency head or the senior agency official designated under section

6.1 of this order to further substantial national security

interests.

PART 3 - ACCESS ELIGIBILITY STANDARDS

Sec. 3.1. Standards. (a) No employee shall be deemed to be

eligible for access to classified information merely by reason of

Federal service or contracting, licensee, certificate holder, or

grantee status, or as a matter of right or privilege, or as a

result of any particular title, rank, position, or affiliation.

(b) Except as provided in sections 2.6 and 3.3 of this order,

eligibility for access to classified information shall be granted

only to employees who are United States citizens for whom an

appropriate investigation has been completed and whose personal and

professional history affirmatively indicates loyalty to the United

States, strength of character, trustworthiness, honesty,

reliability, discretion, and sound judgment, as well as freedom

from conflicting allegiances and potential for coercion, and

willingness and ability to abide by regulations governing the use,

handling, and protection of classified information. A determination

of eligibility for access to such information is a discretionary

security decision based on judgments by appropriately trained

adjudicative personnel. Eligibility shall be granted only where

facts and circumstances indicate access to classified information

is clearly consistent with the national security interests of the

United States, and any doubt shall be resolved in favor of the

national security.

(c) The United States Government does not discriminate on the

basis of race, color, religion, sex, national origin, disability,

or sexual orientation in granting access to classified information.

(d) In determining eligibility for access under this order,

agencies may investigate and consider any matter that relates to

the determination of whether access is clearly consistent with the

interests of national security. No inference concerning the

standards in this section may be raised solely on the basis of the

sexual orientation of the employee.

(e) No negative inference concerning the standards in this

section may be raised solely on the basis of mental health

counseling. Such counseling can be a positive factor in eligibility

determinations. However, mental health counseling, where relevant

to the adjudication of access to classified information, may

justify further inquiry to determine whether the standards of

subsection (b) of this section are satisfied, and mental health may

be considered where it directly relates to those standards.

(f) Not later than 180 days after the effective date of this

order, the Security Policy Board shall develop a common set of

adjudicative guidelines for determining eligibility for access to

classified information, including access to special access

programs.

Sec. 3.2. Basis for Eligibility Approval. (a) Eligibility

determinations for access to classified information shall be based

on information concerning the applicant or employee that is

acquired through the investigation conducted pursuant to this order

or otherwise available to security officials and shall be made part

of the applicant's or employee's security record. Applicants or

employees shall be required to provide relevant information

pertaining to their background and character for use in

investigating and adjudicating their eligibility for access.

(b) Not later than 180 days after the effective date of this

order, the Security Policy Board shall develop a common set of

investigative standards for background investigations for access to

classified information. These standards may vary for the various

levels of access.

(c) Nothing in this order shall prohibit an agency from utilizing

any lawful investigative procedure in addition to the investigative

requirements set forth in this order and its implementing

regulations to resolve issues that may arise during the course of a

background investigation or reinvestigation.

Sec. 3.3. Special Circumstances. (a) In exceptional circumstances

where official functions must be performed prior to the completion

of the investigative and adjudication process, temporary

eligibility for access to classified information may be granted to

an employee while the initial investigation is underway. When such

eligibility is granted, the initial investigation shall be

expedited.

(1) Temporary eligibility for access under this section shall

include a justification, and the employee must be notified in

writing that further access is expressly conditioned on the

favorable completion of the investigation and issuance of an access

eligibility approval. Access will be immediately terminated, along

with any assignment requiring an access eligibility approval, if

such approval is not granted.

(2) Temporary eligibility for access may be granted only by

security personnel authorized by the agency head to make access

eligibility determinations and shall be based on minimum

investigative standards developed by the Security Policy Board not

later than 180 days after the effective date of this order.

(3) Temporary eligibility for access may be granted only to

particular, identified categories of classified information

necessary to perform the lawful and authorized functions that are

the basis for the granting of temporary access.

(b) Nothing in subsection (a) shall be construed as altering the

authority of an agency head to waive requirements for granting

access to classified information pursuant to statutory authority.

(c) Where access has been terminated under section 2.1(b)(4) of

this order and a new need for access arises, access eligibility up

to the same level shall be reapproved without further investigation

as to employees who were determined to be eligible based on a

favorable adjudication of an investigation completed within the

prior 5 years, provided they have remained employed by the same

employer during the period in question, the employee certifies in

writing that there has been no change in the relevant information

provided by the employee for the last background investigation, and

there is no information that would tend to indicate the employee

may no longer satisfy the standards established by this order for

access to classified information.

(d) Access eligibility shall be reapproved for individuals who

were determined to be eligible based on a favorable adjudication of

an investigation completed within the prior 5 years and who have

been retired or otherwise separated from United States Government

employment for not more than 2 years; provided there is no

indication the individual may no longer satisfy the standards of

this order, the individual certifies in writing that there has been

no change in the relevant information provided by the individual

for the last background investigation, and an appropriate record

check reveals no unfavorable information.

Sec. 3.4. Reinvestigation Requirements. (a) Because circumstances

and characteristics may change dramatically over time and thereby

alter the eligibility of employees for continued access to

classified information, reinvestigations shall be conducted with

the same priority and care as initial investigations.

(b) Employees who are eligible for access to classified

information shall be the subject of periodic reinvestigations and

may also be reinvestigated if, at any time, there is reason to

believe that they may no longer meet the standards for access

established in this order.

(c) Not later than 180 days after the effective date of this

order, the Security Policy Board shall develop a common set of

reinvestigative standards, including the frequency of

reinvestigations.

PART 4 - INVESTIGATIONS FOR FOREIGN GOVERNMENTS

Sec. 4. Authority. Agencies that conduct background

investigations, including the Federal Bureau of Investigation and

the Department of State, are authorized to conduct personnel

security investigations in the United States when requested by a

foreign government as part of its own personnel security program

and with the consent of the individual.

PART 5 - REVIEW OF ACCESS DETERMINATIONS

Sec. 5.1. Determinations of Need for Access. A determination

under section 2.1(b)(4) of this order that an employee does not

have, or no longer has, a need for access is a discretionary

determination and shall be conclusive.

Sec. 5.2. Review Proceedings for Denials or Revocations of

Eligibility for Access. (a) Applicants and employees who are

determined to not meet the standards for access to classified

information established in section 3.1 of this order shall be:

(1) provided as comprehensive and detailed a written explanation

of the basis for that conclusion as the national security interests

of the United States and other applicable law permit;

(2) provided within 30 days, upon request and to the extent the

documents would be provided if requested under the Freedom of

Information Act (5 U.S.C. 552) or the Privacy Act (3 U.S.C. 552a),

as applicable, any documents, records, and reports upon which a

denial or revocation is based;

(3) informed of their right to be represented by counsel or other

representative at their own expense; to request any documents,

records, and reports as described in section 5.2(a)(2) upon which a

denial or revocation is based; and to request the entire

investigative file, as permitted by the national security and other

applicable law, which, if requested, shall be promptly provided

prior to the time set for a written reply;

(4) provided a reasonable opportunity to reply in writing to, and

to request a review of, the determination;

(5) provided written notice of and reasons for the results of the

review, the identity of the deciding authority, and written notice

of the right to appeal;

(6) provided an opportunity to appeal in writing to a high level

panel, appointed by the agency head, which shall be comprised of at

least three members, two of whom shall be selected from outside the

security field. Decisions of the panel shall be in writing, and

final except as provided in subsection (b) of this section; and

(7) provided an opportunity to appear personally and to present

relevant documents, materials, and information at some point in the

process before an adjudicative or other authority, other than the

investigating entity, as determined by the agency head. A written

summary or recording of such appearance shall be made part of the

applicant's or employee's security record, unless such appearance

occurs in the presence of the appeals panel described in subsection

(a)(6) of this section.

(b) Nothing in this section shall prohibit an agency head from

personally exercising the appeal authority in subsection (a)(6) of

this section based upon recommendations from an appeals panel. In

such case, the decision of the agency head shall be final.

(c) Agency heads shall promulgate regulations to implement this

section and, at their sole discretion and as resources and national

security considerations permit, may provide additional review

proceedings beyond those required by subsection (a) of this

section. This section does not require additional proceedings,

however, and creates no procedural or substantive rights.

(d) When the head of an agency or principal deputy personally

certifies that a procedure set forth in this section cannot be made

available in a particular case without damaging the national

security interests of the United States by revealing classified

information, the particular procedure shall not be made available.

This certification shall be conclusive.

(e) This section shall not be deemed to limit or affect the

responsibility and power of an agency head pursuant to any law or

other Executive order to deny or terminate access to classified

information in the interests of national security. The power and

responsibility to deny or terminate access to classified

information pursuant to any law or other Executive order may be

exercised only where the agency head determines that the procedures

prescribed in subsection (a) of this section cannot be invoked in a

manner that is consistent with national security. This

determination shall be conclusive.

(f)(1) This section shall not be deemed to limit or affect the

responsibility and power of an agency head to make determinations

of suitability for employment.

(2) Nothing in this section shall require that an agency provide

the procedures prescribed in subsection (a) of this section to an

applicant where a conditional offer of employment is withdrawn for

reasons of suitability or any other reason other than denial of

eligibility for access to classified information.

(3) A suitability determination shall not be used for the purpose

of denying an applicant or employee the review proceedings of this

section where there has been a denial or revocation of eligibility

for access to classified information.

PART 6 - IMPLEMENTATION

Sec. 6.1. Agency Implementing Responsibilities. Heads of agencies

that grant employees access to classified information shall: (a)

designate a senior agency official to direct and administer the

agency's personnel security program established by this order. All

such programs shall include active oversight and continuing

security education and awareness programs to ensure effective

implementation of this order;

(b) cooperate, under the guidance of the Security Policy Board,

with other agencies to achieve practical, consistent, and effective

adjudicative training and guidelines; and

(c) conduct periodic evaluations of the agency's implementation

and administration of this order, including the implementation of

section 1.3(a) of this order. Copies of each report shall be

provided to the Security Policy Board.

Sec. 6.2. Employee Responsibilities. (a) Employees who are

granted eligibility for access to classified information shall:

(1) protect classified information in their custody from

unauthorized disclosure;

(2) report all contacts with persons, including foreign

nationals, who seek in any way to obtain unauthorized access to

classified information;

(3) report all violations of security regulations to the

appropriate security officials; and

(4) comply with all other security requirements set forth in this

order and its implementing regulations.

(b) Employees are encouraged and expected to report any

information that raises doubts as to whether another employee's

continued eligibility for access to classified information is

clearly consistent with the national security.

Sec. 6.3. Security Policy Board Responsibilities and

Implementation. (a) With respect to actions taken by the Security

Policy Board pursuant to sections 1.3(c), 3.1(f), 3.2(b),

3.3(a)(2), and 3.4(c) of this order, the Security Policy Board

shall make recommendations to the President through the Assistant

to the President for National Security Affairs for implementation.

(b) Any guidelines, standards, or procedures developed by the

Security Policy Board pursuant to this order shall be consistent

with those guidelines issued by the Federal Bureau of Investigation

in March 1994 on Background Investigations Policy/Guidelines

Regarding Sexual Orientation.

(c) In carrying out its responsibilities under this order, the

Security Policy Board shall consult where appropriate with the

Overseas Security Policy Board. In carrying out its

responsibilities under section 1.3(c) of this order, the Security

Policy Board shall obtain the concurrence of the Director of the

Office of Management and Budget.

Sec. 6.4. Sanctions. Employees shall be subject to appropriate

sanctions if they knowingly and willfully grant eligibility for, or

allow access to, classified information in violation of this order

or its implementing regulations. Sanctions may include reprimand,

suspension without pay, removal, and other actions in accordance

with applicable law and agency regulations.

PART 7 - GENERAL PROVISIONS

Sec. 7.1. Classified Information Procedures Act. Nothing in this

order is intended to alter the procedures established under the

Classified Information Procedures Act (18 U.S.C. App.).

Sec. 7.2. General. (a) Information obtained by an agency under

sections 1.2(e) or 1.3 of this order may not be disseminated

outside the agency, except to:

(1) the agency employing the employee who is the subject of the

records or information;

(2) the Department of Justice for law enforcement or

counterintelligence purposes; or

(3) any agency if such information is clearly relevant to the

authorized responsibilities of such agency.

(b) The Attorney General, at the request of the head of an

agency, shall render an interpretation of this order with respect

to any question arising in the course of its administration.

(c) No prior Executive orders are repealed by this order. To the

extent that this order is inconsistent with any provision of any

prior Executive order, this order shall control, except that this

order shall not diminish or otherwise affect the requirements of

Executive Order No. 10450 [5 U.S.C. 7311 note], the denial and

revocation procedures provided to individuals covered by Executive

Order No. 10865, as amended [set out above], or access by

historical researchers and former presidential appointees under

Executive Order No. 12958 [set out above] or any successor order.

(d) If any provision of this order or the application of such

provision is held to be invalid, the remainder of this order shall

not be affected.

(e) This Executive order is intended only to improve the internal

management of the executive branch and is not intended to, and does

not, create any right to administrative or judicial review, or any

other right or benefit or trust responsibility, substantive or

procedural, enforceable by a party against the United States, its

agencies or instrumentalities, its officers or employees, or any

other person.

(f) This order is effective immediately.

William J. Clinton.

-End-

-CITE-

50 USC Sec. 435a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-

Sec. 435a. Limitation on handling, retention, and storage of

certain classified materials by the Department of State

-STATUTE-

(a) Certification regarding full compliance with requirements

The Director of Central Intelligence shall certify to the

appropriate committees of Congress whether or not each covered

element of the Department of State is in full compliance with all

applicable directives of the Director of Central Intelligence

relating to the handling, retention, or storage of covered

classified material.

(b) Limitation on certification

The Director of Central Intelligence may not certify a covered

element of the Department of State as being in full compliance with

the directives referred to in subsection (a) of this section if the

covered element is currently subject to a waiver of compliance with

respect to any such directive.

(c) Report on noncompliance

Whenever the Director of Central Intelligence determines that a

covered element of the Department of State is not in full

compliance with any directive referred to in subsection (a) of this

section, the Director shall promptly notify the appropriate

committees of Congress of such determination.

(d) Effects of certification of non-full compliance

(1) Subject to subsection (e) of this section, effective as of

January 1, 2001, a covered element of the Department of State may

not retain or store covered classified material unless the Director

has certified under subsection (a) of this section as of such date

that the covered element is in full compliance with the directives

referred to in subsection (a) of this section.

(2) If the prohibition in paragraph (1) takes effect in

accordance with that paragraph, the prohibition shall remain in

effect until the date on which the Director certifies under

subsection (a) of this section that the covered element involved is

in full compliance with the directives referred to in that

subsection.

(e) Waiver by Director of Central Intelligence

(1) The Director of Central Intelligence may waive the

applicability of the prohibition in subsection (d) of this section

to an element of the Department of State otherwise covered by such

prohibition if the Director determines that the waiver is in the

national security interests of the United States.

(2) The Director shall submit to appropriate committees of

Congress a report on each exercise of the waiver authority in

paragraph (1).

(3) Each report under paragraph (2) with respect to the exercise

of authority under paragraph (1) shall set forth the following:

(A) The covered element of the Department of State addressed by

the waiver.

(B) The reasons for the waiver.

(C) The actions that will be taken to bring such element into

full compliance with the directives referred to in subsection (a)

of this section, including a schedule for completion of such

actions.

(D) The actions taken by the Director to protect any covered

classified material to be handled, retained, or stored by such

element pending achievement of full compliance of such element

with such directives.

(f) Definitions

In this section:

(1) The term "appropriate committees of Congress" means the

following:

(A) The Select Committee on Intelligence and the Committee on

Foreign Relations of the Senate.

(B) The Permanent Select Committee on Intelligence and the

Committee on International Relations of the House of

Representatives.

(2) The term "covered classified material" means any material

classified at the Sensitive Compartmented Information (SCI)

level.

(3) The term "covered element of the Department of State" means

each element of the Department of State that handles, retains, or

stores covered classified material.

(4) The term "material" means any data, regardless of physical

form or characteristic, including written or printed matter,

automated information systems storage media, maps, charts,

paintings, drawings, films, photographs, engravings, sketches,

working notes, papers, reproductions of any such things by any

means or process, and sound, voice, magnetic, or electronic

recordings.

(5) The term "Sensitive Compartmented Information (SCI) level",

in the case of classified material, means a level of

classification for information in such material concerning or

derived from intelligence sources, methods, or analytical

processes that requires such information to be handled within

formal access control systems established by the Director of

Central Intelligence.

-SOURCE-

(Pub. L. 106-567, title III, Sec. 309, Dec. 27, 2000, 114 Stat.

2840.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 2001, and not as part of the National Security Act

of 1947 which comprises this chapter.

-End-

-CITE-

50 USC Sec. 436 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-

Sec. 436. Requests by authorized investigative agencies

-STATUTE-

(a) Generally

(1) Any authorized investigative agency may request from any

financial agency, financial institution, or holding company, or

from any consumer reporting agency, such financial records, other

financial information, and consumer reports as may be necessary in

order to conduct any authorized law enforcement investigation,

counterintelligence inquiry, or security determination. Any

authorized investigative agency may also request records maintained

by any commercial entity within the United States pertaining to

travel by an employee in the executive branch of Government outside

the United States.

(2) Requests may be made under this section where -

(A) the records sought pertain to a person who is or was an

employee in the executive branch of Government required by the

President in an Executive order or regulation, as a condition of

access to classified information, to provide consent, during a

background investigation and for such time as access to the

information is maintained, and for a period of not more than

three years thereafter, permitting access to financial records,

other financial information, consumer reports, and travel

records; and

(B)(i) there are reasonable grounds to believe, based on

credible information, that the person is, or may be, disclosing

classified information in an unauthorized manner to a foreign

power or agent of a foreign power;

(ii) information the employing agency deems credible indicates

the person has incurred excessive indebtedness or has acquired a

level of affluence which cannot be explained by other information

known to the agency; or

(iii) circumstances indicate the person had the capability and

opportunity to disclose classified information which is known to

have been lost or compromised to a foreign power or an agent of a

foreign power.

(3) Each such request -

(A) shall be accompanied by a written certification signed by

the department or agency head or deputy department or agency head

concerned, or by a senior official designated for this purpose by

the department or agency head concerned (whose rank shall be no

lower than Assistant Secretary or Assistant Director), and shall

certify that -

(i) the person concerned is or was an employee within the

meaning of paragraph (2)(A);

(ii) the request is being made pursuant to an authorized

inquiry or investigation and is authorized under this section;

and

(iii) the records or information to be reviewed are records

or information which the employee has previously agreed to make

available to the authorized investigative agency for review;

(B) shall contain a copy of the agreement referred to in

subparagraph (A)(iii);

(C) shall identify specifically or by category the records or

information to be reviewed; and

(D) shall inform the recipient of the request of the

prohibition described in subsection (b) of this section.

(b) Disclosure of requests

Notwithstanding any other provision of law, no governmental or

private entity, or officer, employee, or agent of such entity, may

disclose to any person, other than those officers, employees, or

agents of such entity necessary to satisfy a request made under

this section, that such entity has received or satisfied a request

made by an authorized investigative agency under this section.

(c) Records or information; inspection or copying

(1) Notwithstanding any other provision of law (other than

section 6103 of title 26), an entity receiving a request for

records or information under subsection (a) of this section shall,

if the request satisfies the requirements of this section, make

available such records or information within 30 days for inspection

or copying, as may be appropriate, by the agency requesting such

records or information.

(2) Any entity (including any officer, employee, or agent

thereof) that discloses records or information for inspection or

copying pursuant to this section in good faith reliance upon the

certifications made by an agency pursuant to this section shall not

be liable for any such disclosure to any person under this

subchapter, the constitution of any State, or any law or regulation

of any State or any political subdivision of any State.

(d) Reimbursement of costs

Any agency requesting records or information under this section

may, subject to the availability of appropriations, reimburse a

private entity for any cost reasonably incurred by such entity in

responding to such request, including the cost of identifying,

reproducing, or transporting records or other data.

(e) Dissemination of records or information received

An agency receiving records or information pursuant to a request

under this section may disseminate the records or information

obtained pursuant to such request outside the agency only -

(1) to the agency employing the employee who is the subject of

the records or information;

(2) to the Department of Justice for law enforcement or

counterintelligence purposes; or

(3) with respect to dissemination to an agency of the United

States, if such information is clearly relevant to the authorized

responsibilities of such agency.

(f) Construction of section

Nothing in this section may be construed to affect the authority

of an investigative agency to obtain information pursuant to the

Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair

Credit Reporting Act (15 U.S.C. 1681 et seq.).

-SOURCE-

(July 26, 1947, ch. 343, title VIII, Sec. 802, as added Pub. L.

103-359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3436.)

-REFTEXT-

REFERENCES IN TEXT

The Right to Financial Privacy Act, referred to in subsec. (f),

probably means the Right to Financial Privacy Act of 1978, which is

title XI of Pub. L. 95-630, Nov. 10, 1978, 92 Stat. 3697, as

amended, and is classified generally to chapter 35 (Sec. 3401 et

seq.) of Title 12, Banks and Banking. For complete classification

of this Act to the Code, see Short Title note set out under section

3401 of Title 12 and Tables.

The Fair Credit Reporting Act, referred to in subsec. (f), is

title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title VI,

Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is

classified generally to subchapter III (Sec. 1681 et seq.) of

chapter 41 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title of 1970

Amendment note set out under section 1601 of Title 15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 435 of this title.

-End-

-CITE-

50 USC Sec. 437 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-

Sec. 437. Exceptions

-STATUTE-

Except as otherwise specifically provided, the provisions of this

subchapter shall not apply to the President and Vice President,

Members of the Congress, Justices of the Supreme Court, and Federal

judges appointed by the President.

-SOURCE-

(July 26, 1947, ch. 343, title VIII, Sec. 803, as added Pub. L.

103-359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3437.)

-End-

-CITE-

50 USC Sec. 438 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-

Sec. 438. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "authorized investigative agency" means an agency

authorized by law or regulation to conduct a counterintelligence

investigation or investigations of persons who are proposed for

access to classified information to ascertain whether such

persons satisfy the criteria for obtaining and retaining access

to such information;

(2) the term "classified information" means any information

that has been determined pursuant to Executive Order No. 12356 of

April 2, 1982, or successor orders, or the Atomic Energy Act of

1954 [42 U.S.C. 2011 et seq.], to require protection against

unauthorized disclosure and that is so designated;

(3) the term "consumer reporting agency" has the meaning given

such term in section 1681a of title 15;

(4) the term "employee" includes any person who receives a

salary or compensation of any kind from the United States

Government, is a contractor of the United States Government or an

employee thereof, is an unpaid consultant of the United States

Government, or otherwise acts for or on behalf of the United

States Government, except as otherwise determined by the

President;

(5) the terms "financial agency" and "financial institution"

have the meanings given to such terms in section 5312(a) of title

31 and the term "holding company" has the meaning given to such

term in section 3401(6) of title 12;

(6) the terms "foreign power" and "agent of a foreign power"

have the same meanings as set forth in sections (!1) 1801(a) and

(b), respectively, of this title;

(7) the term "State" means each of the several States of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, the Commonwealth of the Northern Mariana Islands,

the United States Virgin Islands, Guam, American Samoa, the

Republic of the Marshall Islands, the Federated States of

Micronesia, and the Republic of Palau, and any other possession

of the United States; and

(8) the term "computer" means any electronic, magnetic,

optical, electrochemical, or other high speed data processing

device performing logical, arithmetic, or storage functions, and

includes any data storage facility or communications facility

directly related to or operating in conjunction with such device

and any data or other information stored or contained in such

device.

-SOURCE-

(July 26, 1947, ch. 343, title VIII, Sec. 804, as added Pub. L.

103-359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3438;

amended Pub. L. 106-120, title III, Sec. 305(b), Dec. 3, 1999, 113

Stat. 1611.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order No. 12356, referred to in par. (2), is set out as

a note under section 435 of this title.

The Atomic Energy Act of 1954, referred to in par. (2), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 2011 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1999 - Par. (8). Pub. L. 106-120 added par. (8).

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

50 USC SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO

INTELLIGENCE ACTIVITIES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE

ACTIVITIES

-HEAD-

SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE

ACTIVITIES

-End-

-CITE-

50 USC Secs. 441 to 441d 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE

ACTIVITIES

-HEAD-

Secs. 441 to 441d. Omitted

-COD-

CODIFICATION

Sections 441 to 441d were omitted pursuant to section 441d which

provided that this subchapter ceased to be effective on Jan. 6,

2000.

Section 441, act July 26, 1947, ch. 343, title IX, Sec. 901, as

added Pub. L. 104-93, title III, Sec. 303(a), Jan. 6, 1996, 109

Stat. 964, authorized the President to stay the imposition of an

economic, cultural, diplomatic, or other sanction or related action

by the United States Government concerning a foreign country,

organization, or person when to proceed without delay would

seriously risk the compromise of an ongoing criminal investigation

directly related to the activities giving rise to the sanction or

an intelligence source or method directly related to the activities

giving rise to the sanction.

Section 441a, act July 26, 1947, ch. 343, title IX, Sec. 902, as

added Pub. L. 104-93, title III, Sec. 303(a), Jan. 6, 1996, 109

Stat. 964, authorized the President to extend the period of a stay

obtained pursuant to section 441 of this title.

Section 441b, act July 26, 1947, ch. 343, title IX, Sec. 903, as

added Pub. L. 104-93, title III, Sec. 303(a), Jan. 6, 1996, 109

Stat. 964; amended Pub. L. 107-306, title III, Sec. 353(b)(2)(C),

Nov. 27, 2002, 116 Stat. 2402, related to reports to Congress.

Section 441c, act July 26, 1947, ch. 343, title IX, Sec. 904, as

added Pub. L. 104-93, title III, Sec. 303(a), Jan. 6, 1996, 109

Stat. 965, authorized the President to stay the imposition of a

sanction related to the proliferation of weapons of mass

destruction, their delivery systems, or advanced conventional

weapons otherwise required to be imposed by certain other laws.

Section 441d, act July 26, 1947, ch. 343, title IX, Sec. 905, as

added Pub. L. 104-93, title III, Sec. 303(a), Jan. 6, 1996, 109

Stat. 965; amended Pub. L. 104-293, title III, Sec. 304, Oct. 11,

1996, 110 Stat. 3464; Pub. L. 105-107, title III, Sec. 304, Nov.

20, 1997, 111 Stat. 2252; Pub. L. 105-272, title III, Sec. 303,

Oct. 20, 1998, 112 Stat. 2400, provided that this subchapter would

cease to be effective on Jan. 6, 2000.

-End-

-CITE-

50 USC SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF

NATIONAL INTELLIGENCE 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VII09A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

-HEAD-

SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

-End-

-CITE-

50 USC Sec. 441g 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VII09A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

-HEAD-

Sec. 441g. Scholarships and work-study for pursuit of graduate

degrees in science and technology

-STATUTE-

(a) Program authorized

The Director of Central Intelligence may carry out a program to

provide scholarships and work-study for individuals who are

pursuing graduate degrees in fields of study in science and

technology that are identified by the Director as appropriate to

meet the future needs of the intelligence community for qualified

scientists and engineers.

(b) Administration

If the Director carries out the program under subsection (a) of

this section, the Director shall administer the program through the

Assistant Director of Central Intelligence for Administration.

(c) Identification of fields of study

If the Director carries out the program under subsection (a) of

this section, the Director shall identify fields of study under

subsection (a) of this section in consultation with the other heads

of the elements of the intelligence community.

(d) Eligibility for participation

An individual eligible to participate in the program is any

individual who -

(1) either -

(A) is an employee of the intelligence community; or

(B) meets criteria for eligibility for employment in the

intelligence community that are established by the Director;

(2) is accepted in a graduate degree program in a field of

study in science or technology identified under subsection (a) of

this section; and

(3) is eligible for a security clearance at the level of Secret

or above.

(e) Regulations

If the Director carries out the program under subsection (a) of

this section, the Director shall prescribe regulations for purposes

of the administration of this section.

-SOURCE-

(July 26, 1947, ch. 343, title X, Sec. 1001, as added Pub. L.

107-306, title III, Sec. 331(a)(3), Nov. 27, 2002, 116 Stat. 2394.)

-MISC1-

PRIOR PROVISIONS

A prior section 1001 of act July 26, 1947, ch. 343, was

renumbered section 1101 and is classified to section 442 of this

title.

-End-

-CITE-

50 USC SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS

PROVISIONS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS

-End-

-CITE-

50 USC Sec. 442 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 442. Applicability to United States intelligence activities of

Federal laws implementing international treaties and agreements

-STATUTE-

(a) In general

No Federal law enacted on or after December 27, 2000, that

implements a treaty or other international agreement shall be

construed as making unlawful an otherwise lawful and authorized

intelligence activity of the United States Government or its

employees, or any other person to the extent such other person is

carrying out such activity on behalf of, and at the direction of,

the United States, unless such Federal law specifically addresses

such intelligence activity.

(b) Authorized intelligence activities

An intelligence activity shall be treated as authorized for

purposes of subsection (a) of this section if the intelligence

activity is authorized by an appropriate official of the United

States Government, acting within the scope of the official duties

of that official and in compliance with Federal law and any

applicable Presidential directive.

-SOURCE-

(July 26, 1947, ch. 343, title XI, Sec. 1101, formerly title X,

Sec. 1001, as added Pub. L. 106-567, title III, Sec. 308(a), Dec.

27, 2000, 114 Stat. 2839; renumbered title XI, Sec. 1101, Pub. L.

107-306, title III, Sec. 331(a)(1), (2), Nov. 27, 2002, 116 Stat.

2394.)

-End-