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

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-CITE-

50 USC CHAPTER 15 - NATIONAL SECURITY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

-HEAD-

CHAPTER 15 - NATIONAL SECURITY

-MISC1-

Sec.

401. Congressional declaration of purpose.

401a. Definitions.

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

402. National Security Council.

(a) Establishment; presiding officer; functions;

composition.

(b) Additional functions.

employees.

(d) Recommendations and reports.

(e) Participation of Chairman or Vice Chairman of

Joint Chiefs of Staff.

(f) Participation by Director of National Drug

Control Policy.

(g) Board for Low Intensity Conflict.

(h) Committee on Foreign Intelligence.

(i) Committee on Transnational Threats.

(j) Participation of Director of Central

Intelligence.

(i) Special Adviser to the President on

International Religious Freedom.

402a. Coordination of counterintelligence activities.

(a) Establishment of Counterintelligence Policy

Board.

(b) Chairperson.

(d) Functions and discharge of functions.

(e) Coordination of counterintelligence matters

with Federal Bureau of Investigation.

402b. National Counterintelligence Executive.

(a) Establishment.

(b) Mission.

402c. Office of the National Counterintelligence Executive.

(a) Establishment.

(b) Head of Office.

(d) General Counsel.

(e) Functions.

(f) Additional requirements regarding National

Threat Identification and Prioritization

Assessment and National Counterintelligence

Strategy.

(g) Personnel.

(h) Support.

(i) Availability of funds for reimbursement.

(j) Contracts.

(k) Treatment of activities under certain

administrative laws.

(l) Oversight by Congress.

(m) Construction.

403. Office of the Director of Central Intelligence.

(a) Director of Central Intelligence.

(b) Deputy Directors of Central Intelligence.

Directors.

(d) Duties of Deputy Directors.

(e) Office of the Director of Central Intelligence.

(f) Assistant Director of Central Intelligence for

Collection.

(g) Assistant Director of Central Intelligence for

Analysis and Production.

(h) Assistant Director of Central Intelligence for

Administration.

403-1. Central Intelligence Agency.

403-2. Intelligence Community contracting.

403-2a. Construction of intelligence community facilities;

Presidential authorization.

403-2b. Limitation on construction of facilities to be used

primarily by intelligence community.

(a) In general.

(b) Exception.

403-3. Responsibilities of Director of Central Intelligence.

(a) Provision of intelligence.

(b) National Intelligence Council.

(d) Head of Central Intelligence Agency.

403-4. Authorities of Director of Central Intelligence.

(a) Access to intelligence.

(b) Approval of budgets.

(d) Transfer of funds or personnel within National

Foreign Intelligence Program.

(e) Coordination with foreign governments.

(f) Use of personnel.

(g) Standards and qualifications for performance of

intelligence activities.

(h) Termination of employment of CIA employees.

403-5. Responsibilities of Secretary of Defense pertaining to

National Foreign Intelligence Program.

(a) In general.

(b) Responsibility for performance of specific

functions.

(d) Annual evaluation of performance and

responsiveness of certain elements of

intelligence community.

403-5a. Assistance to United States law enforcement agencies.

(a) Authority to provide assistance.

(b) Limitation on assistance by elements of

Department of Defense.

403-5b. Disclosure of foreign intelligence acquired in

criminal investigations; notice of criminal

investigations of foreign intelligence sources.

(a) Disclosure of foreign intelligence.

(b) Procedures for notice of criminal

investigations.

403-5c. Protection of operational files of the National

Imagery and Mapping Agency.

(a) Exemption of certain operational files from

search, review, publication, or disclosure.

(b) Decennial review of exempted operational files.

403-5d. Foreign intelligence information.

403-5e. Protection of operational files of the National

Reconnaissance Office.

(a) Exemption of certain operational files from

search, review, publication, or disclosure.

(b) Decennial review of exempted operational files.

403-6. Appointment of officials responsible for

intelligence-related activities.

(a) Concurrence of DCI in certain appointments.

(b) Consultation with DCI in certain appointments.

403-7. Prohibition on using journalists as agents or assets.

(a) Policy.

(b) Waiver.

403-8. Reaffirmation of longstanding prohibition against drug

trafficking by employees of the intelligence

community.

(a) Finding.

(b) Obligation of employees of intelligence

community.

403a. Definitions relating to Central Intelligence Agency.

403b. Seal of office of Central Intelligence Agency.

403c. Procurement authority of Central Intelligence Agency.

(a) Purchases and contracts for supplies and

services.

(b) "Agency head" defined.

decision; powers delegable.

(d) Powers not delegable; written findings.

403d. Repealed.

403e. Central Intelligence Agency personnel; allowances and

benefits.

(a) Travel, allowances, and related expenses for

officers and employees assigned to duty

stations outside United States.

(b) Allowances and benefits comparable to those

paid members of Foreign Service; special

requirements; persons detailed or assigned

from other agencies; regulations.

403e-1. Eligibility for incentive awards.

(a) Scope of authority with respect to Federal

employees and members of Armed Forces.

(b) Time for exercise of authority.

of Armed Forces assigned to foreign

intelligence duties.

(d) Payment and acceptance of award.

403f. General authorities of Agency.

(a) In general.

(b) Scope of authority for expenditure.

403g. Protection of nature of Agency's functions.

403h. Admission of essential aliens; limitation on number.

403i. Repealed.

403j. Central Intelligence Agency; appropriations;

expenditures.

403k. Authority to pay death gratuities.

403l. Authority to accept gifts, devises and bequests.

(a) Use for operational purposes prohibited.

(b) Sale, exchange and investment of gifts.

(d) Taxation of gifts.

(e) "Gift" defined.

403m. Misuse of Agency name, initials, or seal.

(a) Prohibited acts.

(b) Injunction.

403n. Special provisions for spouses of Central Intelligence

Agency employees applicable to Agency participants in

Civil Service Retirement and Disability System.

(a) Manner and extent of applicability.

(b) Regulations.

403o. Security personnel at Agency installations.

(a) Special policemen: functions and powers;

regulations: promulgation and enforcement.

(b) Penalties for violations of regulations.

403p. Health benefits for certain former spouses of Central

Intelligence Agency employees.

(a) Persons eligible.

(b) Enrollment for health benefits.

(d) Continuation of eligibility.

(e) Remarriage before age fifty-five; continued

enrollment; restored eligibility.

(f) Enrollment in health benefits plan under other

authority.

(g) "Health benefits plan" defined.

403q. Inspector General for Agency.

(a) Purpose; establishment.

(b) Appointment; supervision; removal.

(d) Semiannual reports; immediate reports of

serious or flagrant problems; reports of

functional problems; reports to Congress on

urgent concerns.

(e) Authorities of Inspector General.

(f) Separate budget account.

(g) Transfer.

403r. Special annuity computation rules for certain

employees' service abroad.

(a) Officers and employees to whom rules apply.

(b) Computation rules.

of title 5.

(d) Officers and employees entitled to greater

annuities under section 8339 of title 5.

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

403s. Special rules for disability retirement and

death-in-service benefits with respect to certain

employees.

(a) Officers and employees to whom section 2051

rules apply.

(b) Survivors of officers and employees to whom

section 2052 rules apply.

under chapter 83 of title 5.

403t. General Counsel of Central Intelligence Agency.

(a) Appointment.

(b) Chief legal officer.

403u. Central services program.

(a) In general.

(b) Participation of Agency elements.

(d) Limitation on amount of orders.

(e) Payment for items and services.

(f) Fees.

(g) Termination.

403v. Detail of employees.

404. Emergency preparedness.

(a) Employment of personnel.

(b) Functions.

facilities.

404a. Annual national security strategy report.

(a) Transmittal to Congress.

(b) Contents.

404b. Multiyear national foreign intelligence program.

(a) Annual submission of multiyear national foreign

intelligence program.

(b) Time of submission.

(d) Specified congressional committees.

404c. Annual report on United States security arrangements

and commitments with other nations.

(a) Report requirements.

(b) Matters to be included.

(d) Specified congressional committees.

404d. Annual report on intelligence.

(a) In general.

(b) Matters covered.

404d-1. Transferred.

404e. National mission of National Imagery and Mapping

Agency.

(a) In general.

(b) Requirements and priorities.

404f. Collection tasking authority.

404g. Restrictions on intelligence sharing with United

Nations.

(a) Provision of intelligence information to United

Nations.

(b) Periodic and special reports.

(d) Relationship to existing law.

(e) "Appropriate committees of Congress" defined.

404h. Detail of intelligence community personnel -

Intelligence Community Assignment Program.

(a) Detail.

(b) Benefits, allowances, travel, incentives.

404i. Additional annual reports from the Director of Central

Intelligence.

(a) Report on intelligence community cooperation

with Federal law enforcement agencies.

(b) Annual report on the safety and security of

Russian nuclear facilities and nuclear

military forces.

minority employees.

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

States using weapons of mass destruction.

(e) Annual report on covert leases.

(f) Congressional leadership defined.

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

for auditing purposes.

404j. Limitation on establishment or operation of diplomatic

intelligence support centers.

(a) In general.

(b) Prohibition of use of appropriations.

(d) Termination.

404k. Travel on any common carrier for certain intelligence

collection personnel.

(a) In general.

(b) Authorized delegation of duty.

404l. POW/MIA analytic capability.

(a) Requirement.

(b) Unaccounted for United States personnel.

404m. Semiannual report on financial intelligence on

terrorist assets.

(a) Semiannual report.

(b) Immediate notification for emergency

designation.

intelligence committees.

(d) Appropriate congressional committees defined.

404n. National Virtual Translation Center.

(a) Establishment.

(b) Designation.

(d) Deadline for establishment.

404n-1. Foreign Terrorist Asset Tracking Center.

(a) Establishment.

(b) Designation.

404n-2. Terrorist Identification Classification System.

(a) Requirement.

(b) Administration.

(d) Reporting and certification.

(e) Report on criteria for information sharing.

(f) System administration requirements.

(g) Report on status of System.

(h) Congressional intelligence committees defined.

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.

(a) Annual report required.

(b) Covered foreign companies.

(d) Form of reports.

(e) Appropriate committees of Congress defined.

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

405. Advisory committees; appointment; compensation of

part-time personnel; applicability of other laws.

406. Omitted.

407. Study or plan of surrender; use of appropriations.

408. Applicable laws.

409. Definitions of military departments.

409a. National Security Agency voluntary separation.

(a) Short title.

(b) Definitions.

(d) Early retirement.

(e) Amount of separation pay and treatment for

other purposes.

(f) Reemployment restrictions.

(g) Bar on certain employment.

(h) Limitations.

(i) Regulations.

(j) Notification of exercise of authority.

(k) Remittance of funds.

410. "Function" and "Department of Defense" defined.

411. Authorization of appropriations.

412. Repealing and savings provisions.

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

413. General Congressional oversight provisions.

(a) Reports to Congressional committees of

intelligence activities and anticipated

activities.

(b) Reports concerning illegal intelligence

activities.

(d) Procedures to protect from unauthorized

disclosure.

(e) Construction of authority conferred.

(f) "Intelligence activities" defined.

413a. Reporting of intelligence activities other than covert

actions.

(a) In general.

(b) Form and contents of certain reports.

413b. Presidential approval and reporting of covert actions.

(a) Presidential findings.

(b) Reports to congressional intelligence

committees; production of information.

(d) Changes in previously approved actions.

(e) "Covert action" defined.

(f) Prohibition on covert actions intended to

influence United States political processes,

etc.

414. Funding of intelligence activities.

(a) Obligations and expenditures for intelligence

or intelligence-related activity;

prerequisites.

(b) Activities denied funding by Congress.

of funds on covert action.

(d) Report to Congressional committees required for

expenditure of nonappropriated funds for

intelligence activity.

(e) Definitions.

415. Notice to Congress of certain transfers of defense

articles and defense services.

415a. Specificity of National Foreign Intelligence Program

budget amounts for counterterrorism,

counterproliferation, counternarcotics, and

counterintelligence.

(a) In general.

(b) Election of classified or unclassified form.

415b. Dates for submittal of various annual and semiannual

reports to the congressional intelligence committees.

(a) Annual reports.

(b) Semiannual reports.

(d) Postponement of submittal.

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

421. Protection of identities of certain United States

undercover intelligence officers, agents, informants,

and sources.

(a) Disclosure of information by persons having or

having had access to classified information

that identifies covert agent.

(b) Disclosure of information by persons who learn

identity of covert agents as result of having

access to classified information.

of pattern of activities intended to identify

and expose covert agents.

(d) Imposition of consecutive sentences.

422. Defenses and exceptions.

(a) Disclosure by United States of identity of

covert agent.

(b) Conspiracy, misprision of felony, aiding and

abetting, etc.

on intelligence.

(d) Disclosure by agent of own identity.

423. Report.

(a) Annual report by President to Congress on

measures to protect identities of covert

agents.

(b) Exemption from disclosure.

424. Extraterritorial jurisdiction.

425. Providing information to Congress.

426. Definitions.

SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES OF THE CENTRAL

INTELLIGENCE AGENCY

431. Exemption of certain operational files from search,

review, publication, or disclosure.

(a) Exemption by Director of Central Intelligence.

(b) "Operational files" defined.

(d) Information derived or disseminated from

exempted operational files.

(e) Supersedure of prior law.

(f) Allegation; improper withholding of records;

judicial review.

432. Decennial review of exempted operational files.

(a) Review by Director of Central Intelligence.

(b) Consideration; historical value; public

interest.

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

435. Procedures.

435a. Limitation on handling, retention, and storage of

certain classified materials by the Department of

State.

(a) Certification regarding full compliance with

requirements.

(b) Limitation on certification.

(d) Effects of certification of non-full

compliance.

(e) Waiver by Director of Central Intelligence.

(f) Definitions.

436. Requests by authorized investigative agencies.

(a) Generally.

(b) Disclosure of requests.

(d) Reimbursement of costs.

(e) Dissemination of records or information

received.

(f) Construction of section.

437. Exceptions.

438. Definitions.

SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE

ACTIVITIES

441 to 441d. Omitted.

SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

441g. Scholarships and work-study for pursuit of graduate

degrees in science and technology.

(a) Program authorized.

(b) Administration.

(d) Eligibility for participation.

(e) Regulations.

SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS

442. Applicability to United States intelligence activities

of Federal laws implementing international treaties

and agreements.

(a) In general.

(b) Authorized intelligence activities.

-End-

-CITE-

50 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

-HEAD-

Sec. 401. Congressional declaration of purpose

-STATUTE-

In enacting this legislation, it is the intent of Congress to

provide a comprehensive program for the future security of the

United States; to provide for the establishment of integrated

policies and procedures for the departments, agencies, and

functions of the Government relating to the national security; to

provide a Department of Defense, including the three military

Departments of the Army, the Navy (including naval aviation and the

United States Marine Corps), and the Air Force under the direction,

authority, and control of the Secretary of Defense; to provide that

each military department shall be separately organized under its

own Secretary and shall function under the direction, authority,

and control of the Secretary of Defense; to provide for their

unified direction under civilian control of the Secretary of

Defense but not to merge these departments or services; to provide

for the establishment of unified or specified combatant commands,

and a clear and direct line of command to such commands; to

eliminate unnecessary duplication in the Department of Defense, and

particularly in the field of research and engineering by vesting

its overall direction and control in the Secretary of Defense; to

provide more effective, efficient, and economical administration in

the Department of Defense; to provide for the unified strategic

direction of the combatant forces, for their operation under

unified command, and for their integration into an efficient team

of land, naval, and air forces but not to establish a single Chief

of Staff over the armed forces nor an overall armed forces general

staff.

-SOURCE-

(July 26, 1947, ch. 343, Sec. 2, 61 Stat. 496; Aug. 10, 1949, ch.

412, Sec. 2, 63 Stat. 579; Pub. L. 85-599, Sec. 2, Aug. 6, 1958, 72

Stat. 514.)

-REFTEXT-

REFERENCES IN TEXT

This legislation, 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 below and Tables.

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-599 amended section generally, and, among other

changes, provided that each military department shall be separately

organized, instead of separately administered, under its own

Secretary and shall function under the direction, authority, and

control of the Secretary of Defense, and inserted provisions

relating to establishment of unified or specified combatant

commands and for elimination of unnecessary duplication.

1949 - Act Aug. 10, 1949, provided that the military departments

shall be separately administered but be under the direction of the

Secretary of Defense, and that there shall not be a single Chief of

Staff over the armed forces nor an armed forces general staff.

EFFECTIVE DATE

Section 310 of act July 26, 1947, provided:

"(a) The first sentence of section 202(a) [section 171a of former

Title 5, Executive Departments and Government Officers and

Employees] and sections 1, 2, 307, 308, 309, and 310 [section 171

note of former Title 5, section 361 of this title, and sections

171m and 171n of former Title 5] shall take effect immediately upon

the enactment of this Act [July 26, 1947].

"(b) Except as provided in subsection (a), the provisions of this

Act [sections 171 to 171l, 181-1, 181-2, 411a, 411b, 626 to 626d of

former Title 5, section 24 of Title 3, The President, and sections

401 to 405 of this title] shall take effect on whichever of the

following days is the earlier: The day after the day upon which the

Secretary of Defense first appointed takes office, or the sixtieth

day after the date of the enactment of this Act [July 26, 1947]."

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-306, title IX, Sec. 901(a), Nov. 27, 2002, 116 Stat.

2432, provided that: "This title [enacting sections 402b and 402c

of this title, amending section 402a of this title, and enacting

provisions set out as a note under section 402b of this title] may

be cited as the 'Counterintelligence Enhancement Act of 2002'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-293, title VIII, Sec. 801, Oct. 11, 1996, 110 Stat.

3474, provided that: "This title [enacting sections 403, 403-1,

403-5a, and 403t of this title, amending sections 402, 403, 403-3

to 403-6, and 404d of this title and sections 5314 and 5315 of

Title 5, Government Organization and Employees, repealing former

section 403 of this title, and enacting provisions set out as notes

under sections 403-3, 403-4, and 403t of this title] may be cited

as the 'Intelligence Renewal and Reform Act of 1996'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-359, title VIII, Sec. 801, Oct. 14, 1994, 108 Stat.

3434, provided that: "This title [enacting sections 402a, 435 to

438, and 1821 to 1829 of this title, section 2170b of the Appendix

to this title, section 1599 [now 1611] of Title 10, Armed Forces,

and section 1924 of Title 18, Crimes and Criminal Procedure,

amending section 783 of this title, section 2170 of the Appendix to

this title, section 8312 of Title 5, Government Organization and

Employees, section 1604 of Title 10, and sections 793, 794, 798,

3071, and 3077 of Title 18, enacting provisions set out as notes

under sections 435 and 1821 of this title, and amending provisions

set out as notes under sections 402 and 1801 of this title] may be

cited as the 'Counterintelligence and Security Enhancements Act of

1994'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-496, title VII, Sec. 701, Oct. 24, 1992, 106 Stat.

3188, provided that: "This title [enacting sections 401a and 403-3

to 403-6 of this title, amending sections 402, 403, 404, and 404a

of this title, and repealing section 403-1 of this title] may be

cited as the 'Intelligence Organization Act of 1992'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-477, Sec. 1, Oct. 15, 1984, 98 Stat. 2209, provided:

"That this Act [enacting sections 431 and 432 of this title,

amending section 552a of Title 5, Government Organization and

Employees, and enacting provisions set out as notes under sections

431 and 432 of this title] may be cited as the 'Central

Intelligence Agency Information Act'."

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-200, Sec. 1, June 23, 1982, 96 Stat. 122, provided:

"That this Act [enacting subchapter IV of this chapter] may be

cited as the 'Intelligence Identities Protection Act of 1982'."

SHORT TITLE OF 1949 AMENDMENT

Section 1 of act Aug. 10, 1949, provided that: "This Act

[enacting sections 408 and 412 of this title and sections 171-1,

171t, 172, 172a to 172d, and 172f to 172j of former Title 5,

Executive Departments and Government Officers and Employees,

amending this section, sections 151, 402, 403d, 405, 410, 459, 481,

and 494 of this title, sections 171, 171a, 171b to 171d, 171e to

171j, 171n, 171r, 172e, 411b, and 626c of former Title 5, section

1748b of Title 12, Banks and Banking, section 1517 of Title 15,

Commerce and Trade, sections 474, 481 to 484, and 487 of former

Title 40, Public Buildings, Property, and Works, section 364a of

Title 43, Public Lands, sections 1156 and 1157 of former Title 49,

Transportation, and section 1193 of the Appendix to this title, and

enacting provisions set out as notes under this section and

sections 171 and 171c of former Title 5] may be cited as the

'National Security Act Amendments of 1949'."

SHORT TITLE

Section 1 of act July 26, 1947, provided: "That this Act

[enacting this section, sections 401a to 403, 404, 405, and 408 to

412 of this title, and sections 171, 171-1, 171-2, 171a, 171b to

171d, 171e to 171j, 171k to 171m, 171n, 172, 172a to 172d, 172f to

172j, 181-1, 181-2, 411a, 411b, 626, 626a to 626c, and 626d of

former Title 5, Executive Department and Government Officers and

Employees, amending sections 1, 11, and 172e of former Title 5,

section 1517 of Title 15, Commerce and Trade, and section 72 of

former Title 31, Money and Finance, and enacting provisions set out

as notes under this section and section 135 of Title 10, Armed

Forces] may be cited as the 'National Security Act of 1947'."

Sections of National Security Act of 1947, which were classified

to former Title 5, were repealed and restated in Title 10, Armed

Forces, except as noted, as follows:

Section of former Section of Title 10

Title 5

--------------------------------------------------------------------

171 131, 133.

171a(a), (b) 133.

171a(c) 125, 136, 141, 3010, 3012, 5011, 5031,

8010, 8012.

171a(d) 133.

171a(e) 132.

171a(f) 133.

171a(g)-(i) [Omitted].

171a(j) 124.

171c 134, 135, 136, 718, 2358.

171c-1, 171c-2 [Repealed].

171d 1580.

171e 171.

171f 141, 142.

171g 143.

171h 2201.

171i 2351.

171j 173.

172 136.

172a 3014, 5061, 8014.

172b 2203.

172c 2204.

172d 2208.

172e 2209.

172f 126.

172g 2205.

172h 2206.

172i 2701.

181-1 101, 3011, 3012, 3062, T. 50 Sec. 409.

181-2 3012.

411a(a) 101; T. 50 Sec. 409.

411a(b) 5012.

411a(c) 5013, 5402.

626(a) 8012.

626(b) [Repealed].

626(c) 101; T. 50 Sec. 409.

626(d) 8013.

626(e) 8012.

626(f) 8033.

626(g) 8011.

626a 8012.

626b 8013.

626c 743, 8062.

--------------------------------------------------------------------

SAVINGS PROVISION

Section 12(g) of act Aug. 10, 1949, provided: "All laws, orders,

regulations, and other actions relating to the National Military

Establishment, the Departments of the Army, the Navy, or the Air

Force, or to any officer or activity of such establishment or such

departments, shall, except to the extent inconsistent with the

provisions of this Act [see Short Title of 1949 Amendment note

above], have the same effect as if this Act had not been enacted;

but, after the effective date of this Act [Aug. 10, 1949], any such

law, order, regulation, or other action which vested functions in

or otherwise related to any officer, department, or establishment,

shall be deemed to have vested such function in or relate to the

officer or department, executive or military, succeeding the

officer, department, or establishment in which such function was

vested. For purposes of this subsection the Department of Defense

shall be deemed the department succeeding the National Military

Establishment, and the military departments of Army, Navy, and Air

Force shall be deemed the departments succeeding the Executive

Departments of Army, Navy, and Air Force."

SEPARABILITY

Section 309 of act July 26, 1947, provided: "If any provision of

this Act [see Short Title note above] or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of the Act and of the application of such provision to

other persons and circumstances shall not be affected thereby."

[Section 310(a) of act July 26, 1947, set out as an Effective

Date note above, provided that section 309 of act July 26, 1947, is

effective July 26, 1947.]

NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS

OF THE UNITED STATES INTELLIGENCE COMMUNITY

Pub. L. 107-306, title X, Nov. 27, 2002, 116 Stat. 2437, provided

that:

"SEC. 1001. FINDINGS.

"Congress makes the following findings:

"(1) Research and development efforts under the purview of the

intelligence community are vitally important to the national

security of the United States.

"(2) The intelligence community must operate in a dynamic,

highly-challenging environment, characterized by rapid

technological growth, against a growing number of hostile,

technically-sophisticated threats. Research and development

programs under the purview of the intelligence community are

critical to ensuring that intelligence agencies, and their

personnel, are provided with important technological capabilities

to detect, characterize, assess, and ultimately counter the full

range of threats to the national security of the United States.

"(3) There is a need to review the full range of current

research and development programs under the purview of the

intelligence community, evaluate such programs against the

scientific and technological fields judged to be of most

importance, and articulate program and resource priorities for

future research and development activities to ensure a unified

and coherent research and development program across the entire

intelligence community.

"SEC. 1002. NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH

AND DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE

COMMUNITY.

"(a) Establishment. - There is established a commission to be

known as the 'National Commission for the Review of the Research

and Development Programs of the United States Intelligence

Community' (in this title referred to as the 'Commission').

"(b) Composition. - The Commission shall be composed of 12

members, as follows:

"(1) The Deputy Director of Central Intelligence for Community

Management.

"(2) A senior intelligence official of the Office of the

Secretary of Defense, as designated by the Secretary of Defense.

"(3) Three members appointed by the majority leader of the

Senate, in consultation with the Chairman of the Select Committee

on Intelligence of the Senate, one from Members of the Senate and

two from private life.

"(4) Two members appointed by the minority leader of the

Senate, in consultation with the Vice Chairman of the Select

Committee on Intelligence of the Senate, one from Members of the

Senate and one from private life.

"(5) Three members appointed by the Speaker of the House of

Representatives, in consultation with the Chairman of the

Permanent Select Committee on Intelligence of the House of

Representatives, one from Members of the House of Representatives

and two from private life.

"(6) Two members appointed by the minority leader of the House

of Representatives, in consultation with the ranking member of

the Permanent Select Committee on Intelligence of the House of

Representatives, one from Members of the House of Representatives

and one from private life.

"(c) Membership. - (1) The individuals appointed from private

life as members of the Commission shall be individuals who are

nationally recognized for expertise, knowledge, or experience in -

"(A) research and development programs;

"(B) technology discovery and insertion;

"(C) use of intelligence information by national policymakers

and military leaders; or

"(D) the implementation, funding, or oversight of the national

security policies of the United States.

"(2) An official who appoints members of the Commission may not

appoint an individual as a member of the Commission if, in the

judgment of the official, such individual possesses any personal or

financial interest in the discharge of any of the duties of the

Commission.

"(3) All members of the Commission appointed from private life

shall possess an appropriate security clearance in accordance with

applicable laws and regulations concerning the handling of

classified information.

"(d) Co-Chairs. - (1) The Commission shall have two co-chairs,

selected from among the members of the Commission.

"(2) One co-chair of the Commission shall be a member of the

Democratic Party, and one co-chair shall be a member of the

Republican Party.

"(3) The individuals who serve as the co-chairs of the Commission

shall be jointly agreed upon by the President, the majority leader

of the Senate, the minority leader of the Senate, the Speaker of

the House of Representatives, and the minority leader of the House

of Representatives.

"(e) Appointment; Initial Meeting. - (1) Members of the

Commission shall be appointed not later than 45 days after the date

of the enactment of this Act [Nov. 27, 2002].

"(2) The Commission shall hold its initial meeting on the date

that is 60 days after the date of the enactment of this Act.

"(f) Meetings; Quorum; Vacancies. - (1) After its initial

meeting, the Commission shall meet upon the call of the co-chairs

of the Commission.

"(2) Six members of the Commission shall constitute a quorum for

purposes of conducting business, except that two members of the

Commission shall constitute a quorum for purposes of receiving

testimony.

"(3) 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.

"(4) If vacancies in the Commission occur on any day after 45

days after the date of the enactment of this Act [Nov. 27, 2002], a

quorum shall consist of a majority of the members of the Commission

as of such day.

"(g) Actions of Commission. - (1) The Commission shall act by

resolution agreed to by a majority of the members of the Commission

voting and present.

"(2) The Commission may establish panels composed of less than

the full membership of the Commission for purposes of carrying out

the duties of the Commission under this title. The actions of any

such panel shall be subject to the review and control of the

Commission. Any findings and determinations made by such a panel

shall not be considered the findings and determinations of the

Commission unless approved by the Commission.

"(3) Any member, agent, or staff of the Commission may, if

authorized by the co-chairs of the Commission, take any action

which the Commission is authorized to take pursuant to this title.

"(h) Duties. - The duties of the Commission shall be -

"(1) to conduct, until not later than the date on which the

Commission submits the report under section 1007(a), the review

described in subsection (i); and

"(2) to submit to the congressional intelligence committees,

the Director of Central Intelligence, and the Secretary of

Defense a final report on the results of the review.

"(i) Review. - The Commission shall review the status of research

and development programs and activities within the intelligence

community, including -

"(1) an assessment of the advisability of modifying the scope

of research and development for purposes of such programs and

activities;

"(2) a review of the particular individual research and

development activities under such programs;

"(3) an evaluation of the current allocation of resources for

research and development, including whether the allocation of

such resources for that purpose should be modified;

"(4) an identification of the scientific and technological

fields judged to be of most importance to the intelligence

community;

"(5) an evaluation of the relationship between the research and

development programs and activities of the intelligence community

and the research and development programs and activities of other

departments and agencies of the Federal Government; and

"(6) an evaluation of the relationship between the research and

development programs and activities of the intelligence community

and the research and development programs and activities of the

private sector.

"SEC. 1003. POWERS OF 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, and

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

considers necessary.

"(2) Subpoenas may be issued under subparagraph (1)(B) under the

signature of the co-chairs of the Commission, and may be served by

any person designated by such co-chairs.

"(3) 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 a 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 advance in appropriation Acts,

enter into contracts to enable the Commission to discharge its

duties under this title.

"(c) Information From Federal Agencies. - The Commission may

secure directly from any executive department, agency, bureau,

board, commission, office, independent establishment, or

instrumentality of the Government information, suggestions,

estimates, and statistics for the purposes of this title. Each such

department, agency, bureau, 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 of the

co-chairs of the Commission. The Commission shall handle and

protect all classified information provided to it under this

section in accordance with applicable statutes and regulations.

"(d) Assistance From Federal Agencies. - (1) The Director of

Central Intelligence shall provide to the Commission, on a

nonreimbursable basis, such administrative services, funds, staff,

facilities, and other support services as are necessary for the

performance of the Commission's duties under this title.

"(2) The Secretary of Defense may provide the Commission, on a

nonreimbursable basis, with such administrative services, staff,

and other support services as the Commission may request.

"(3) In addition to the assistance set forth in paragraphs (1)

and (2), other departments and agencies of the United States may

provide the Commission such services, funds, facilities, staff, and

other support as such departments and agencies consider advisable

and as may be authorized by law.

"(4) The Commission shall receive the full and timely cooperation

of any official, department, or agency of the United States

Government whose assistance is necessary for the fulfillment of the

duties of the Commission under this title, including the provision

of full and current briefings and analyses.

"(e) Prohibition on Withholding Information. - No department or

agency of the Government may withhold information from the

Commission on the grounds that providing the information to the

Commission would constitute the unauthorized disclosure of

classified information or information relating to intelligence

sources or methods.

"(f) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as the

departments and agencies of the United States.

"(g) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property in carrying out its

duties under this title.

"SEC. 1004. STAFF OF COMMISSION.

"(a) In General. - (1) The co-chairs of the Commission, in

accordance with rules agreed upon by the Commission, shall 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 duties, 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 such title.

"(2) 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.

"(3) All staff of the Commission shall possess a security

clearance in accordance with applicable laws and regulations

concerning the handling of classified information.

"(b) Consultant Services. - (1) The Commission may 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 such title.

"(2) All experts and consultants employed by the Commission shall

possess a security clearance in accordance with applicable laws and

regulations concerning the handling of classified information.

"SEC. 1005. 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 under this title.

"(2) Members of the Commission who are officers or employees of

the United States or Members of Congress shall receive no

additional pay by reason 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 may 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 of title 5, United States

Code.

"SEC. 1006. TREATMENT OF INFORMATION RELATING TO NATIONAL

SECURITY.

"(a) In General. - (1) The Director of Central Intelligence shall

assume responsibility for the handling and disposition of any

information related to the national security of the United States

that is received, considered, or used by the Commission under this

title.

"(2) Any information related to the national security of the

United States that is provided to the Commission by a congressional

intelligence committee may not be further provided or released

without the approval of the chairman of such committee.

"(b) Access After Termination of Commission. - Notwithstanding

any other provision of law, after the termination of the Commission

under section 1007, only the Members and designated staff of the

congressional intelligence committees, the Director of Central

Intelligence (and the designees of the Director), and such other

officials of the executive branch as the President may designate

shall have access to information related to the national security

of the United States that is received, considered, or used by the

Commission.

"SEC. 1007. FINAL REPORT; TERMINATION.

"(a) Final Report. - Not later than September 1, 2003, the

Commission shall submit to the congressional intelligence

committees, the Director of Central Intelligence, and the Secretary

of Defense a final report as required by section 1002(h)(2).

"(b) Termination. - (1) The Commission, and all the authorities

of this title, shall terminate at the end of the 120-day period

beginning on the date on which the final report under subsection

(a) is transmitted to the congressional intelligence committees.

"(2) The Commission may use the 120-day period referred to in

paragraph (1) for the purposes of concluding its activities,

including providing testimony to Congress concerning the final

report referred to in that paragraph and disseminating the report.

"SEC. 1008. ASSESSMENTS OF FINAL REPORT.

"Not later than 60 days after receipt of the final report under

section 1007(a), the Director of Central Intelligence and the

Secretary of Defense shall each submit to the congressional

intelligence committees an assessment by the Director or the

Secretary, as the case may be, of the final report. Each assessment

shall include such comments on the findings and recommendations

contained in the final report as the Director or Secretary, as the

case may be, considers appropriate.

"SEC. 1009. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.

"(a) Federal Advisory Committee Act. - The provisions of the

Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to

the activities of the Commission under this title.

"(b) Freedom of Information Act. - The provisions of section 552

of title 5, United States Code (commonly referred to as the Freedom

of Information Act), shall not apply to the activities, records,

and proceedings of the Commission under this title.

"SEC. 1010. FUNDING.

"(a) Transfer From the Community Management Account. - Of the

amounts authorized to be appropriated by this Act [see Tables for

classification] for the Intelligence Technology Innovation Center

of the Community Management Account, the Deputy Director of Central

Intelligence for Community Management shall transfer to the

Director of Central Intelligence $2,000,000 for purposes of the

activities of the Commission under this title.

"(b) Availability in General. - The Director of Central

Intelligence shall make available to the Commission, from the

amount transferred to the Director under subsection (a), such

amounts as the Commission may require for purposes of the

activities of the Commission under this title.

"(c) Duration of Availability. - Amounts made available to the

Commission under subsection (b) shall remain available until

expended.

" SEC. 1011. DEFINITIONS.

"In this title:

"(1) Congressional intelligence committees. - The term

'congressional intelligence committees' means -

"(A) the Select Committee on Intelligence of the Senate; and

"(B) the Permanent Select Committee on Intelligence of the

House of Representatives.

"(2) Intelligence community. - The term 'intelligence

community' has the meaning given that term in section 3(4) of the

National Security Act of 1947 (50 U.S.C. 401a(4))."

NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL RECONNAISSANCE

OFFICE

Pub. L. 106-120, title VII, Dec. 3, 1999, 113 Stat. 1620,

provided that:

"SEC. 701. FINDINGS.

"Congress makes the following findings:

"(1) Imagery and signals intelligence satellites are vitally

important to the security of the Nation.

"(2) The National Reconnaissance Office (in this title referred

to as the 'NRO') and its predecessor organizations have helped

protect and defend the United States for more than 30 years.

"(3) The end of the Cold War and the enormous growth in usage

of information technology have changed the environment in which

the intelligence community must operate. At the same time, the

intelligence community has undergone significant changes in

response to dynamic developments in strategy and in budgetary

matters. The acquisition and maintenance of satellite systems are

essential to providing timely intelligence to national

policymakers and achieving information superiority for military

leaders.

"(4) There is a need to evaluate the roles and mission,

organizational structure, technical skills, contractor

relationships, use of commercial imagery, acquisition of launch

vehicles, launch services, and launch infrastructure, mission

assurance, acquisition authorities, and relationship to other

agencies and departments of the Federal Government of the NRO in

order to assure continuing success in satellite reconnaissance in

the new millennium.

"SEC. 702. NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL

RECONNAISSANCE OFFICE.

"(a) Establishment. - There is established a commission to be

known as the 'National Commission for the Review of the National

Reconnaissance Office' (in this title referred to as the

'Commission').

"(b) Composition. - The Commission shall be composed of 11

members, as follows:

"(1) The Deputy Director of Central Intelligence for Community

Management.

"(2) Three members appointed by the Majority Leader of the

Senate, in consultation with the Chairman of the Select Committee

on Intelligence of the Senate, one from Members of the Senate and

two from private life.

"(3) Two members appointed by the Minority Leader of the

Senate, in consultation with the Vice Chairman of the Select

Committee on Intelligence of the Senate, one from Members of the

Senate and one from private life.

"(4) Three members appointed by the Speaker of the House of

Representatives, in consultation with the Chairman of the

Permanent Select Committee on Intelligence of the House of

Representatives, one from Members of the House of Representatives

and two from private life.

"(5) Two members appointed by the Minority Leader of the House

of Representatives, in consultation with the ranking member of

the Permanent Select Committee on Intelligence of the House of

Representatives, one from Members of the House of Representatives

and one from private life.

The Director of the National Reconnaissance Office shall be an ex

officio member of the Commission.

"(c) Membership. - (1) The individuals appointed as members of

the Commission shall be individuals who are nationally recognized

for expertise, knowledge, or experience in -

"(A) technical intelligence collection systems and methods;

"(B) research and development programs;

"(C) acquisition management;

"(D) use of intelligence information by national policymakers

and military leaders; or

"(E) the implementation, funding, or oversight of the national

security policies of the United States.

"(2) An official who appoints members of the Commission may not

appoint an individual as a member of the Commission if, in the

judgment of the official, such individual possesses any personal or

financial interest in the discharge of any of the duties of the

Commission.

"(3) All members of the Commission appointed from private life

shall possess an appropriate security clearance in accordance with

applicable laws and regulations concerning the handling of

classified information.

"(d) Co-Chairs. - (1) The Commission shall have two co-chairs,

selected from among the members of the Commission.

"(2) One co-chair of the Commission shall be a member of the

Democratic Party, and one co-chair shall be a member of the

Republican Party.

"(3) The individuals who serve as the co-chairs of the Commission

shall be jointly agreed upon by the President, the Majority Leader

of the Senate, the Minority Leader of the Senate, and Speaker of

the House of Representatives, and the Minority Leader of the House

of Representatives.

"(e) Appointment; Initial Meeting. - (1) Members of the

Commission shall be appointed not later than 45 days after the date

of the enactment of this Act [Dec. 3, 1999].

"(2) The Commission shall hold its initial meeting on the date

that is 60 days after the date of the enactment of this Act.

"(f) Meetings; Quorum; Vacancies. - (1) After its initial

meeting, the Commission shall meet upon the call of the co-chairs

of the Commission.

"(2) Six members of the Commission shall constitute a quorum for

purposes of conducting business, except that two members of the

Commission shall constitute a quorum for purposes of receiving

testimony.

"(3) 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.

"(4) If vacancies in the Commission occur on any day after 45

days after the date of the enactment of this Act, a quorum shall

consist of a majority of the members of the Commission as of such

day.

"(g) Actions of Commission. - (1) The Commission shall act by

resolution agreed to by a majority of the members of the Commission

voting and present.

"(2) The Commission may establish panels composed of less than

the full membership of the Commission for purposes of carrying out

the duties of the Commission under this title. The actions of any

such panel shall be subject to the review and control of the

Commission. Any findings and determinations made by such a panel

shall not be considered the findings and determinations of the

Commission unless approved by the Commission.

"(3) Any member, agent, or staff of the Commission may, if

authorized by the co-chairs of the Commission, take any action

which the Commission is authorized to take pursuant to this title.

"SEC. 703. DUTIES OF COMMISSION.

"(a) In General. - The duties of the Commission shall be -

"(1) to conduct, until not later than the date on which the

Commission submits the report under section 708(a), the review

described in subsection (b); and

"(2) to submit to the congressional intelligence committees,

the Director of Central Intelligence, and the Secretary of

Defense a final report on the results of the review.

"(b) Review. - The Commission shall review the current

organization, practices, and authorities of the NRO, in particular

with respect to -

"(1) roles and mission;

"(2) organizational structure;

"(3) technical skills;

"(4) contractor relationships;

"(5) use of commercial imagery;

"(6) acquisition of launch vehicles, launch services, and

launch infrastructure, and mission assurance;

"(7) acquisition authorities; and

"(8) relationships with other agencies and departments of the

Federal Government.

"SEC. 704. POWERS OF 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, and

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 considers necessary.

"(2) Subpoenas may be issued under paragraph (1)(B) under the

signature of the co-chairs of the Commission, and may be served by

any person designated by such co-chairs.

"(3) 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 a 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 advance in appropriation Acts,

enter into contracts to enable the Commission to discharge its

duties under this title.

"(c) Information from Federal Agencies. - The Commission may

secure directly from any executive department, agency, bureau,

board, commission, office, independent establishment, or

instrumentality of the Government information, suggestions,

estimates, and statistics for the purposes of this title. Each such

department, agency, bureau, 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 of the

co-chairs of the Commission. The Commission shall handle and

protect all classified information provided to it under this

section in accordance with applicable statutes and regulations.

"(d) Assistance from Federal Agencies. - (1) The Director of

Central Intelligence shall provide to the Commission, on a

nonreimbursable basis, such administrative services, funds, staff,

facilities, and other support services as are necessary for the

performance of the Commission's duties under this title.

"(2) The Secretary of Defense may provide the Commission, on a

nonreimbursable basis, with such administrative services, staff,

and other support services as the Commission may request.

"(3) In addition to the assistance set forth in paragraphs (1)

and (2), other departments and agencies of the United States may

provide the Commission such services, funds, facilities, staff, and

other support as such departments and agencies consider advisable

and as may be authorized by law.

"(4) The Commission shall receive the full and timely cooperation

of any official, department, or agency of the United States

Government whose assistance is necessary for the fulfillment of the

duties of the Commission under this title, including the provision

of full and current briefings and analyses.

"(e) Prohibition on Withholding Information. - No department or

agency of the Government may withhold information from the

Commission on the grounds that providing the information to the

Commission would constitute the unauthorized disclosure of

classified information or information relating to intelligence

sources or methods.

"(f) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as the

departments and agencies of the United States.

"(g) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property in carrying out its

duties under this title.

"SEC. 705. STAFF OF COMMISSION.

"(a) In General. - (1) The co-chairs of the Commission, in

accordance with rules agreed upon by the Commission, shall 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 duties, 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

or [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 such title.

"(2) 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.

"(3) All staff of the Commission shall possess a security

clearance in accordance with applicable laws and regulations

concerning the handling of classified information.

"(b) Consultant Services. - (1) The Commission may 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 such title.

"(2) All experts and consultants employed by the Commission shall

possess a security clearance in accordance with applicable laws and

regulations concerning the handling of classified information.

"SEC. 706. 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 under this title.

"(2) Members of the Commission who are officers or employees of

the United States or Members of Congress shall receive no

additional pay by reason 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 may 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. 707. TREATMENT OF INFORMATION RELATING TO NATIONAL

SECURITY.

"(a) In General. - (1) The Director of Central Intelligence shall

assume responsibility for the handling and disposition of any

information related to the national security of the United States

that is received, considered, or used by the Commission under this

title.

"(2) Any information related to the national security of the

United States that is provided to the Commission by a congressional

intelligence committee may not be further provided or released

without the approval of the chairman of such committee.

"(b) Access after Termination of Commission. - Notwithstanding

any other provision of law, after the termination of the Commission

under section 708, only the Members and designated staff of the

congressional intelligence committees, the Director of Central

Intelligence and the designees of the Director, and such other

officials of the executive branch as the President may designate

shall have access to information related to the national security

of the United States that is received, considered, or used by the

Commission.

"SEC. 708. FINAL REPORT; TERMINATION.

"(a) Final Report. - Not later than November 1, 2000, the

Commission shall submit to the congressional intelligence

committees, the Director of Central Intelligence, and the Secretary

of Defense a final report as required by section 703(a).

"(b) Termination. - (1) The Commission, and all the authorities

of this title, shall terminate at the end of the 120-day period

beginning on the date on which the final report under subsection

(a) is transmitted to the congressional intelligence committees.

"(2) The Commission may use the 120-day period referred to in

paragraph (1) for the purposes of concluding its activities,

including providing testimony to committees of Congress concerning

the final report referred to in that paragraph and disseminating

the report.

"SEC. 709. ASSESSMENTS OF FINAL REPORT.

"Not later than 60 days after receipt of the final report under

section 708(a), the Director of Central Intelligence and the

Secretary of Defense shall each submit to the congressional

intelligence committees an assessment by the Director or the

Secretary, as the case may be, of the final report. Each assessment

shall include such comments on the findings and recommendations

contained in the final report as the Director or Secretary, as the

case may be, considers appropriate.

"SEC. 710. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.

"(a) Federal Advisory Committee Act. - The provisions of the

Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to

the activities of the Commission under this title.

"(b) Freedom of Information Act. - The provisions of section 552

of title 5, United States Code (commonly referred to as the Freedom

of Information Act), shall not apply to the activities, records,

and proceedings of the Commission under this title.

"SEC. 711. FUNDING.

"(a) Transfer from NRO. - Of the amounts authorized to be

appropriated by this Act [see Tables for classification] for the

National Reconnaissance Office, the Director of the National

Reconnaissance Office shall transfer to the Director of Central

Intelligence $5,000,000 for purposes of the activities of the

Commission under this title.

"(b) Availability In General. - The Director of Central

Intelligence shall make available to the Commission, from the

amount transferred to the Director under subsection (a), such

amounts as the Commission may require for purposes of the

activities of the Commission under this title.

"(c) Duration of Availability. - Amounts made available to the

Commission under subsection (b) shall remain available until

expended.

"SEC. 712. CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.

"In this title, the term 'congressional intelligence committees'

means the following:

"(1) The Select Committee on Intelligence of the Senate.

"(2) The Permanent Select Committee on Intelligence of the

House of Representatives."

COMMISSION ON ROLES AND CAPABILITIES OF UNITED STATES INTELLIGENCE

COMMUNITY

Pub. L. 103-359, title IX, Oct. 14, 1994, 108 Stat. 3456, related

to establishment, composition, duties, reports, powers, payment of

expenses, and termination, not later than Mar. 1, 1996, of the

Commission on the Roles and Capabilities of the United States

Intelligence Community.

NATIONAL COMMISSION ON DEFENSE AND NATIONAL SECURITY

Pub. L. 101-511, title VIII, Sec. 8104, Nov. 5, 1990, 104 Stat.

1898, as amended by Pub. L. 102-172, title VIII, Sec. 8078, Nov.

26, 1991, 105 Stat. 1189, provided that:

"SECTION 1. This section establishes the National Commission on

Defense and National Security.

"SEC. 2. FINDINGS.

"The Congress makes the following findings:

"(1) Recent revolutionary world events require a fundamental

reassessment of the defense and national security policies of the

United States.

"(2) Emerging democracies around the world will require

political, technical, and economic assistance, as well as

military assistance, from the developed free nations in order to

thrive and to become productive members of the world community.

"(3) Real and potential military threats to the United States

and its allies will continue to exist for the foreseeable future

from not just the Soviet Union but also from terrorism and from

Third World nations.

"(4) Proliferation of both sophisticated conventional weapons

and of nuclear weapons could produce a world more dangerous than

we have faced in the past.

"(5) Ethnic rivalries as well as economic inequalities may

produce instabilities that could spark serious conflict.

"(6) In order to formulate coherent national policies to meet

these challenges of a new world environment, it is essential for

the United States to achieve a bipartisan consensus such as that

which emerged following World War II.

"(7) Such a consensus can be fostered by the development of

policy recommendations from a highly respected group of

individuals who do not bear a partisan label and who possess

critical expertise and experience.

"SEC. 3. ESTABLISHMENT.

"There is established a commission to be known as [the] National

Commission on Defense and National Security (hereinafter in this

Act referred to as the 'Commission'). The Commission is established

until 30 days following submission of the final report required by

section 6 of this section.

"SEC. 4. DUTIES OF COMMISSION.

"(a) In General. - The Commission shall analyze and make

recommendations to the President and Congress concerning the

national security and national defense policies of the United

States.

"(b) Matters To Be Analyzed. - Matters to be analyzed by the

Commission shall include the following:

"(1) The world-wide interests, goals, and objectives of the

United States that are vital to the national security of the

United States.

"(2) The political, economic, and military developments around

the world and the implications of those developments for United

States national security interests, including -

"(A) the developments in Eastern Europe and the Soviet Union;

"(B) the question of German unification;

"(C) the future of NATO and European economic integration;

"(D) the future of the Pacific Basin; and

"(E) potential instability resulting from regional conflicts

or economic problems in the developing world.

"(3) The foreign policy, world-wide commitments, and national

defense capabilities of the United States necessary to deter

aggression and implement the national security strategy of the

United States, including the contribution that can be made by

bilateral and multilateral political and economic associations in

promoting interests that the United States shares with other

members of the world community.

"(4) The proposed short-term uses of the political, economic,

military, and other elements of national power for the United

States to protect or promote the interests and to achieve the

goals and objectives referred to in paragraph (1).

"(5) Long-term options that should be considered further for a

number of potential courses of world events over the remainder of

the century and into the next century.

"SEC. 5. MEMBERSHIP.

"(a) Number and Appointment. - The Commission shall be composed

of 10 members, as follows:

"(1) Three appointed by the President.

"(2) Three appointed by the Speaker of the House of

Representatives.

"(3) One appointed by the minority leader of the House of

Representatives.

"(4) Two appointed by the majority leader of the Senate.

"(5) One appointed by the minority leader of the Senate.

"(b) Qualifications. - Persons appointed to the Commission shall

be persons who are not officers or employees of the Federal

Government (including Members of Congress) and who are specially

qualified to serve on the Commission by virtue of their education,

training, or experience.

"(c) Terms. - Members shall be appointed for the life of the

Commission. A vacancy in the Commission shall be filled in the

manner in which the original appointment was made.

"(d) Basic Pay. - Members of the Commission shall serve without

pay.

"(e) Quorum. - A majority of the members of the Commission shall

constitute a quorum, but a lesser number may hold hearings.

"(f) Chairman and Vice Chairman. - The Chairman of the Commission

shall be designated by the President from among the members

appointed by the President. The Vice Chairman of the Commission

shall be designated by the Speaker of the House of Representatives

from among the members appointed by the Speaker.

"(g) Meetings. - The Commission shall meet at the call of the

Chairman or a majority of its members.

"(h) Deadline for Appointments. - Members of the Commission shall

be appointed not later than the end of the 30-day period beginning

on the date of the enactment of this Act [Nov. 5, 1990].

"SEC. 6. REPORTS.

"(a) Initial Report. - The Commission shall transmit to the

President and to Congress an initial report not later than six

months after the date on which the Commission is first constituted

with a quorum.

"(b) Final Report. - The Commission shall transmit to the

President and to Congress a final report one year following

submission of the initial report under subsection (a).

"(c) Contents of Reports. - The report under subsection (b) shall

contain a detailed statement of the findings and conclusions of the

Commission concerning the matters to be studied by the Commission

under section 4, together with its recommendations for such

legislation and administrative actions as it considers appropriate.

Such report shall include a comprehensive description and

discussion of the matters set forth in section 4.

"(d) Reports To Be Unclassified. - Each such report shall be

submitted in unclassified form.

"(e) Additional and Minority Views. - Each report may include

such additional and minority views as individual members of the

Commission may request be included.

"SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND

CONSULTANTS.

"(a) Director. - The Commission shall, without regard to section

5311(b) of title 5, United States Code, have a Director who shall

be appointed by the Chairman and who shall be paid at a rate not to

exceed the maximum rate of basic pay payable for GS-18 of the

General Schedule.

"(b) Staff. - The Chairman may appoint and fix the pay of such

additional personnel as the Chairman considers appropriate.

"(c) Applicability of Certain Civil Service Laws. - The Director

and staff of the Commission may be appointed without regard to the

provisions of title 5, United States Code, governing appointments

in the competitive service, and may be paid 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 individual so appointed may receive pay in excess of

the annual rate of basic pay payable for GS-18 of the General

Schedule.

"(d) Experts and Consultants. - Subject to such rules as may be

prescribed by the Commission, the Chairman may procure temporary

and intermittent services under section 3109(b) of title 5 of the

United States Code, but at rates for individuals not to exceed the

daily equivalent of the maximum annual rate of basic pay payable

for GS-18 of the General Schedule.

"(e) Staff of Federal Agencies. - Upon request of the Commission,

the head of any Federal agency may detail, on a reimbursable basis,

any of the personnel of such agency to the Commission to assist the

Commission in carrying out its duties under this Act.

"SEC. 8. POWERS OF COMMISSION

"(a) Hearings and Sessions. - The Commission may, for the purpose

of carrying out this Act, hold such hearings, sit and act at such

times and places, take such testimony, and receive such evidence,

as the Commission considers appropriate.

"(b) Powers of Members and Agents. - Any member or agent of the

Commission may, if so authorized by the Commission, take any action

which the Commission is authorized to take by this section.

"(c) Obtaining Official Data. - The Chairman or a designee on

behalf of the Chairman may request information necessary to enable

the Commission to carry out this Act directly from any department

or agency of the United States.

"(d) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

"(e) Mails. - The Commission may use the United States mails in

the same manner and under the same conditions as other departments

and agencies of the United States.

"(f) Administrative Support Services. - The Administrator of

General Services shall provide to the Commission on a reimbursable

basis such administrative support services as the Commission may

request.

"SEC. 9. INITIAL FUNDING OF COMMISSION.

"If funds are not otherwise available for the necessary expenses

of the Commission for fiscal year 1991, the Secretary of Defense

shall make available to the Commission, from funds available to the

Secretary for the fiscal year concerned, such funds as the

Commission requires. When funds are specifically appropriated for

the expenses of the Commission, the Commission shall reimburse the

Secretary from such funds for any funds provided to it under the

preceding sentence."

[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.]

INTELLIGENCE PRIORITIES AND REORGANIZATION

Pub. L. 101-510, div. A, title IX, Sec. 907, Nov. 5, 1990, 104

Stat. 1622, provided that:

"(a) Revision of Priorities and Consolidation of Functions. - The

Secretary of Defense, together with the Director of Central

Intelligence, shall conduct a joint review of all intelligence and

intelligence-related activities in the Tactical Intelligence and

Related Activities (TIARA) programs and the National Foreign

Intelligence Program (NFIP). The Secretary, together with the

Director, shall take the following actions with respect to those

activities:

"(1) In cases in which redundancy or fragmentation exist,

consolidate functions, programs, organizations, and operations to

improve the efficiency and effectiveness of the conduct of those

intelligence activities or programs.

"(2) Revise intelligence collection and analysis priorities and

resource allocations to reflect changes in the international

security environment.

"(3) Strengthen joint intelligence functions, operations, and

organizations.

"(4) Improve the quality and independence of intelligence

support to the weapons acquisition process.

"(5) Improve the responsiveness and utility of national

intelligence systems and organizations to the needs of the

combatant commanders.

"(b) Personnel Reductions. - (1) The number of personnel assigned

or detailed to the National Foreign Intelligence Program and

related Tactical Intelligence and Related Activities programs shall

be reduced by not less than 5 percent of the number of such

personnel described in paragraph (2) during each of fiscal years

1992 through 1996.

"(2) The number of personnel referred to in paragraph (1) is the

number of personnel assigned or detailed to such programs on

September 30, 1990."

FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE

For provisions relating to the exercise of certain authority

respecting foreign intelligence electronic surveillance, see Ex.

Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section

1802 of this title.

CHANGE OF TITLES OF SECRETARY OF DEFENSE, ET AL.; REAPPOINTMENT

Section 12(f) of act Aug. 10, 1949, provided in part that: "The

titles of the Secretary of Defense, the Secretary of the Army, the

Secretary of the Navy, the Secretary of the Air Force, the Under

Secretaries and the Assistant Secretaries of the Departments of the

Army, Navy, and Air Force, the Chairman of the Munitions Board, and

the Chairman of the Research and Development Board, shall not be

changed by virtue of this Act [see Short Title of 1949 Amendment

note set out above] and the reappointment of the officials holding

such titles on the effective date of this Act [Aug. 10, 1949] shall

not be required."

REORGANIZATION PLAN NO. 8 OF 1949

Section 12(i) of act Aug. 10, 1949, provided that:

"Reorganization Plan Numbered 8 of 1949, which was transmitted to

the Congress by the President on July 18, 1949 [set out in Appendix

to Title 5, Government Organization and Employees] pursuant to the

provisions of the Reorganization Act of 1949, shall not take

effect, notwithstanding the provisions of section 6 of such

Reorganization Act of 1949."

-EXEC-

EX. ORD. NO. 10431. NATIONAL SECURITY MEDAL

Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, provided:

1. There is hereby established a medal to be known as the

National Security Medal with accompanying ribbons and

appurtenances. The medal and its appurtenances shall be of

appropriate design, approved by the Executive Secretary of the

National Security Council.

2. The National Security Medal may be awarded to any person,

without regard to nationality, including members of the armed

forces of the United States, for distinguished achievement or

outstanding contribution on or after July 26, 1947, in the field of

intelligence relating to the national security.

3. The decoration established by this order shall be awarded by

the President of the United States or, under regulations approved

by him, by such person or persons as he may designate.

4. No more than one National Security Medal shall be awarded to

any one person, but for subsequent services justifying an award, a

suitable device may be awarded to be worn with the Medal.

5. Members of the armed forces of the United States who are

awarded the decoration established by this order are authorized to

wear the medal and the ribbon symbolic of the award, as may be

authorized by uniform regulations approved by the Secretary of

Defense.

6. The decoration established by this order may be awarded

posthumously.

REGULATIONS GOVERNING THE AWARD OF THE NATIONAL SECURITY MEDAL

Pursuant to Paragraph 2 of Executive Order 10431, the following

regulations are hereby issued to govern the award of the National

Security Medal:

1. The National Security Medal may be awarded to any person

without regard to nationality, including a member of the Armed

Forces of the United States, who, on or after 26 July 1947, has

made an outstanding contribution to the National intelligence

effort. This contribution may consist of either exceptionally

meritorious service performed in a position of high responsibility

or of an act of valor requiring personal courage of a high degree

and complete disregard of personal safety.

2. The National Security Medal with accompanying ribbon and

appurtenances, shall be of appropriate design to be approved by the

Executive Secretary of the National Security Council.

3. The National Security Medal shall be awarded only by the

President or his designee for that purpose.

4. Recommendations may be submitted to the Executive Secretary of

the National Security Council by any individual having personal

knowledge of the facts of the exceptionally meritorious conduct or

act of valor of the candidate in the performance of outstanding

services, either as an eyewitness or from the testimony of others

who have personal knowledge or were eyewitnesses. Any

recommendations shall be accompanied by complete documentation,

including where necessary, certificates, affidavits or sworn

transcripts of testimony. Each recommendation for an award shall

show the exact status, at the time of the rendition of the service

on which the recommendation is based, with respect to citizenship,

employment, and all other material factors, of the person who is

being recommended for the National Security Medal.

5. Each recommendation shall contain a draft of an appropriate

citation to accompany the award of the National Security Medal.

EXECUTIVE ORDER NO. 11905

Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by

Ex. Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No.

11994, June 1, 1977, 42 F.R. 28869, which related to United States

foreign intelligence activities, was superseded by Ex. Ord. No.

12036, Jan. 24, 1978, 43 F.R. 3674, formerly set out below.

EXECUTIVE ORDER NO. 12036

Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by

Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to

United States foreign intelligence activities, was revoked by Ex.

Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, set out below.

EX. ORD. NO. 12333. UNITED STATES INTELLIGENCE ACTIVITIES

Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, as amended by

Ex. Ord. No. 13284, Sec. 18, Jan. 23, 2003, 68 F.R. 4077, provided:

TABLE OF CONTENTS

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Preamble

PART 1. GOALS, DIRECTION, DUTIES, AND RESPONSIBILITIES WITH RESPECT

TO THE NATIONAL INTELLIGENCE EFFORT

1.1 Goals

1.2 The National Security Council

1.3 National Foreign Intelligence Advisory Groups

1.4 The Intelligence Community

1.5 Director of Central Intelligence

1.6 Duties and Responsibilities of the Heads of

Executive Branch Departments and Agencies

1.7 Senior Officials of the Intelligence Community

1.8 The Central Intelligence Agency

1.9 The Department of State

1.10 The Department of the Treasury

1.11 The Department of Defense

1.12 Intelligence Components Utilized by the

Secretary of Defense

1.13 The Department of Energy

1.14 The Federal Bureau of Investigation

PART 2. CONDUCT OF INTELLIGENCE ACTIVITIES

2.1 Need

2.2 Purpose

2.3 Collection of Information

2.4 Collection Techniques

2.5 Attorney General Approval

2.6 Assistance to Law Enforcement Authorities

2.7 Contracting

2.8 Consistency With Other Laws

2.9 Undisclosed Participation in Organizations

Within the United States

2.10 Human Experimentation

2.11 Prohibition on Assassination

2.12 Indirect Participation

PART 3. GENERAL PROVISIONS

3.1 Congressional Oversight

3.2 Implementation

3.3 Procedures

3.4 Definitions

3.5 Purpose and Effect

3.6 Revocation

--------------------------------------------------------------------

Timely and accurate information about the activities,

capabilities, plans, and intentions of foreign powers,

organizations, and persons, and their agents, is essential to the

national security of the United States. All reasonable and lawful

means must be used to ensure that the United States will receive

the best intelligence available. For that purpose, by virtue of the

authority vested in me by the Constitution and statutes of the

United States of America, including the National Security Act of

1947, as amended [see Short Title note above], and as President of

the United States of America, in order to provide for the effective

conduct of United States intelligence activities and the protection

of constitutional rights, it is hereby ordered as follows:

-MISC2-

PART 1 - GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT

TO THE NATIONAL INTELLIGENCE EFFORT

1.1 GOALS

The United States intelligence effort shall provide the President

and the National Security Council with the necessary information on

which to base decisions concerning the conduct and development of

foreign, defense and economic policy, and the protection of United

States national interests from foreign security threats. All

departments and agencies shall cooperate fully to fulfill this

goal.

(a) Maximum emphasis should be given to fostering analytical

competition among appropriate elements of the Intelligence

Community.

(b) All means, consistent with applicable United States law and

this Order, and with full consideration of the rights of United

States persons, shall be used to develop intelligence information

for the President and the National Security Council. A balanced

approach between technical collection efforts and other means

should be maintained and encouraged.

espionage and other threats and activities directed by foreign

intelligence services against the United States Government, or

United States corporations, establishments, or persons.

(d) To the greatest extent possible consistent with applicable

United States law and this Order, and with full consideration of

the rights of United States persons, all agencies and departments

should seek to ensure full and free exchange of information in

order to derive maximum benefit from the United States intelligence

effort.

1.2 THE NATIONAL SECURITY COUNCIL

(a) Purpose. The National Security Council (NSC) was established

by the National Security Act of 1947 [see Short Title note above]

to advise the President with respect to the integration of

domestic, foreign and military policies relating to the national

security. The NSC shall act as the highest Executive Branch entity

that provides review of, guidance for and direction to the conduct

of all national foreign intelligence, counterintelligence, and

special activities, and attendant policies and programs.

(b) Committees. The NSC shall establish such committees as may be

necessary to carry out its functions and responsibilities under

this Order. The NSC, or a committee established by it, shall

consider and submit to the President a policy recommendation,

including all dissents, on each special activity and shall review

proposals for other sensitive intelligence operations.

1.3 NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS

(a) Establishment and Duties. The Director of Central

Intelligence shall establish such boards, councils, or groups as

required for the purpose of obtaining advice from within the

Intelligence Community concerning:

(1) Production, review and coordination of national foreign

intelligence;

(2) Priorities for the National Foreign Intelligence Program

budget;

(3) Interagency exchanges of foreign intelligence information;

(4) Arrangements with foreign governments on intelligence

matters;

(5) Protection of intelligence sources and methods;

(6) Activities of common concern; and

(7) Such other matters as may be referred by the Director of

Central Intelligence.

(b) Membership. Advisory groups established pursuant to this

section shall be chaired by the Director of Central Intelligence or

his designated representative and shall consist of senior

representatives from organizations within the Intelligence

Community and from departments or agencies containing such

organizations, as designated by the Director of Central

Intelligence. Groups for consideration of substantive intelligence

matters will include representatives of organizations involved in

the collection, processing and analysis of intelligence. A senior

representative of the Secretary of Commerce, the Attorney General,

the Assistant to the President for National Security Affairs, and

the Office of the Secretary of Defense shall be invited to

participate in any group which deals with other than substantive

intelligence matters.

1.4 THE INTELLIGENCE COMMUNITY

The agencies within the Intelligence Community shall, in

accordance with applicable United States law and with the other

provisions of this Order, conduct intelligence activities necessary

for the conduct of foreign relations and the protection of the

national security of the United States, including:

(a) Collection of information needed by the President, the

National Security Council, the Secretaries of State and Defense,

and other Executive Branch officials for the performance of their

duties and responsibilities;

(b) Production and dissemination of intelligence;

activities to protect against, intelligence activities directed

against the United States, international terrorist and

international narcotics activities, and other hostile activities

directed against the United States by foreign powers,

organizations, persons, and their agents;

(d) Special activities;

(e) Administrative and support activities within the United

States and abroad necessary for the performance of authorized

activities; and

(f) Such other intelligence activities as the President may

direct from time to time.

1.5 DIRECTOR OF CENTRAL INTELLIGENCE

In order to discharge the duties and responsibilities prescribed

by law, the Director of Central Intelligence shall be responsible

directly to the President and the NSC and shall:

(a) Act as the primary adviser to the President and the NSC on

national foreign intelligence and provide the President and other

officials in the Executive Branch with national foreign

intelligence;

(b) Develop such objectives and guidance for the Intelligence

Community as will enhance capabilities for responding to expected

future needs for national foreign intelligence;

concern by designated intelligence organizations on behalf of the

Intelligence Community;

(d) Ensure implementation of special activities;

(e) Formulate policies concerning foreign intelligence and

counterintelligence arrangements with foreign governments,

coordinate foreign intelligence and counterintelligence

relationships between agencies of the Intelligence Community and

the intelligence or internal security services of foreign

governments, and establish procedures governing the conduct of

liaison by any department or agency with such services on narcotics

activities;

(f) Participate in the development of procedures approved by the

Attorney General governing criminal narcotics intelligence

activities abroad to ensure that these activities are consistent

with foreign intelligence programs;

(g) Ensure the establishment by the Intelligence Community of

common security and access standards for managing and handling

foreign intelligence systems, information, and products;

(h) Ensure that programs are developed which protect intelligence

sources, methods, and analytical procedures;

(i) Establish uniform criteria for the determination of relative

priorities for the transmission of critical national foreign

intelligence, and advise the Secretary of Defense concerning the

communications requirements of the Intelligence Community for the

transmission of such intelligence;

(j) Establish appropriate staffs, committees, or other advisory

groups to assist in the execution of the Director's

responsibilities;

(k) Have full responsibility for production and dissemination of

national foreign intelligence, and authority to levy analytic tasks

on departmental intelligence production organizations, in

consultation with those organizations, ensuring that appropriate

mechanisms for competitive analysis are developed so that diverse

points of view are considered fully and differences of judgment

within the Intelligence Community are brought to the attention of

national policymakers;

(l) Ensure the timely exploitation and dissemination of data

gathered by national foreign intelligence collection means, and

ensure that the resulting intelligence is disseminated immediately

to appropriate government entities and military commands;

(m) Establish mechanisms which translate national foreign

intelligence objectives and priorities approved by the NSC into

specific guidance for the Intelligence Community, resolve conflicts

in tasking priority, provide to departments and agencies having

information collection capabilities that are not part of the

National Foreign Intelligence Program advisory tasking concerning

collection of national foreign intelligence, and provide for the

development of plans and arrangements for transfer of required

collection tasking authority to the Secretary of Defense when

directed by the President;

(n) Develop, with the advice of the program managers and

departments and agencies concerned, the consolidated National

Foreign Intelligence Program budget, and present it to the

President and the Congress;

(o) Review and approve all requests for reprogramming National

Foreign Intelligence Program funds, in accordance with guidelines

established by the Office of Management and Budget;

(p) Monitor National Foreign Intelligence Program implementation,

and, as necessary, conduct program and performance audits and

evaluations;

(q) Together with the Secretary of Defense, ensure that there is

no unnecessary overlap between national foreign intelligence

programs and Department of Defense intelligence programs consistent

with the requirement to develop competitive analysis, and provide

to and obtain from the Secretary of Defense all information

necessary for this purpose;

(r) In accordance with law and relevant procedures approved by

the Attorney General under this Order, give the heads of the

departments and agencies access to all intelligence, developed by

the CIA or the staff elements of the Director of Central

Intelligence, relevant to the national intelligence needs of the

departments and agencies; and

(s) Facilitate the use of national foreign intelligence products

by Congress in a secure manner.

1.6 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH

DEPARTMENTS AND AGENCIES

(a) The heads of all Executive Branch departments and agencies

shall, in accordance with law and relevant procedures approved by

the Attorney General under this Order, give the Director of Central

Intelligence access to all information relevant to the national

intelligence needs of the United States, and shall give due

consideration to the requests from the Director of Central

Intelligence for appropriate support for Intelligence Community

activities.

(b) The heads of departments and agencies involved in the

National Foreign Intelligence Program shall ensure timely

development and submission to the Director of Central Intelligence

by the program managers and heads of component activities of

proposed national programs and budgets in the format designated by

the Director of Central Intelligence, and shall also ensure that

the Director of Central Intelligence is provided, in a timely and

responsive manner, all information necessary to perform the

Director's program and budget responsibilities.

National Foreign Intelligence Program may appeal to the President

decisions by the Director of Central Intelligence on budget or

reprogramming matters of the National Foreign Intelligence Program.

1.7 SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY

The heads of departments and agencies with organizations in the

Intelligence Community or the heads of such organizations, as

appropriate, shall:

(a) Report to the Attorney General possible violations of federal

criminal laws by employees and of specified federal criminal laws

by any other person as provided in procedures agreed upon by the

Attorney General and the head of the department or agency

concerned, in a manner consistent with the protection of

intelligence sources and methods, as specified in those procedures;

(b) In any case involving serious or continuing breaches of

security, recommend to the Attorney General that the case be

referred to the FBI for further investigation;

accordance with applicable law and procedures approved by the

Attorney General under this Order, the information required for the

performance of their respective duties;

(d) Report to the Intelligence Oversight Board, and keep the

Director of Central Intelligence appropriately informed, concerning

any intelligence activities of their organizations that they have

reason to believe may be unlawful or contrary to Executive order or

Presidential directive;

(e) Protect intelligence and intelligence sources and methods

from unauthorized disclosure consistent with guidance from the

Director of Central Intelligence;

(f) Disseminate intelligence to cooperating foreign governments

under arrangements established or agreed to by the Director of

Central Intelligence;

(g) Participate in the development of procedures approved by the

Attorney General governing production and dissemination of

intelligence resulting from criminal narcotics intelligence

activities abroad if their departments, agencies, or organizations

have intelligence responsibilities for foreign or domestic

narcotics production and trafficking;

(h) Instruct their employees to cooperate fully with the

Intelligence Oversight Board; and

(i) Ensure that the Inspectors General and General Counsels for

their organizations have access to any information necessary to

perform their duties assigned by this Order.

1.8 THE CENTRAL INTELLIGENCE AGENCY

All duties and responsibilities of the CIA shall be related to

the intelligence functions set out below. As authorized by this

Order; the National Security Act of 1947, as amended [see Short

Title note above]; the CIA Act of 1949, as amended [probably means

the Central Intelligence Agency Act of 1949, see Short Title note

set out under 50 U.S.C. 403a]; appropriate directives or other

applicable law, the CIA shall:

(a) Collect, produce and disseminate foreign intelligence and

counterintelligence, including information not otherwise

obtainable. The collection of foreign intelligence or

counterintelligence within the United States shall be coordinated

with the FBI as required by procedures agreed upon by the Director

of Central Intelligence and the Attorney General;

(b) Collect, produce and disseminate intelligence on foreign

aspects of narcotics production and trafficking;

States and, without assuming or performing any internal security

functions, conduct counterintelligence activities within the United

States in coordination with the FBI as required by procedures

agreed upon [by] the Director of Central Intelligence and the

Attorney General;

(d) Coordinate counterintelligence activities and the collection

of information not otherwise obtainable when conducted outside the

United States by other departments and agencies;

(e) Conduct special activities approved by the President. No

agency except the CIA (or the Armed Forces of the United States in

time of war declared by Congress or during any period covered by a

report from the President to the Congress under the War Powers

Resolution (87 Stat. 855) [50 U.S.C. 1541 et seq.]) may conduct any

special activity unless the President determines that another

agency is more likely to achieve a particular objective;

(f) Conduct services of common concern for the Intelligence

Community as directed by the NSC;

(g) Carry out or contract for research, development and

procurement of technical systems and devices relating to authorized

functions;

(h) Protect the security of its installations, activities,

information, property, and employees by appropriate means,

including such investigations of applicants, employees,

contractors, and other persons with similar associations with the

CIA as are necessary; and

(i) Conduct such administrative and technical support activities

within and outside the United States as are necessary to perform

the functions described in sections (a) and [sic] through (h)

above, including procurement and essential cover and proprietary

arrangements.

1.9 THE DEPARTMENT OF STATE

The Secretary of State shall:

(a) Overtly collect information relevant to United States foreign

policy concerns;

(b) Produce and disseminate foreign intelligence relating to

United States foreign policy as required for the execution of the

Secretary's responsibilities;

States diplomatic and consular posts;

(d) Transmit reporting requirements of the Intelligence Community

to the Chiefs of United States Missions abroad; and

(e) Support Chiefs of Missions in discharging their statutory

responsibilities for direction and coordination of mission

activities.

1.10 THE DEPARTMENT OF THE TREASURY

The Secretary of the Treasury shall:

(a) Overtly collect foreign financial and monetary information;

(b) Participate with the Department of State in the overt

collection of general foreign economic information;

United States economic policy as required for the execution of the

Secretary's responsibilities; and

(d) Conduct, through the United States Secret Service, activities

to determine the existence and capability of surveillance equipment

being used against the President of the United States, the

Executive Office of the President, and, as authorized by the

Secretary of the Treasury or the President, other Secret Service

protectees and United States officials. No information shall be

acquired intentionally through such activities except to protect

against such surveillance, and those activities shall be conducted

pursuant to procedures agreed upon by the Secretary of the Treasury

and the Attorney General.

1.11 THE DEPARTMENT OF DEFENSE

The Secretary of Defense shall:

(a) Collect national foreign intelligence and be responsive to

collection tasking by the Director of Central Intelligence;

(b) Collect, produce and disseminate military and

military-related foreign intelligence and counterintelligence as

required for execution of the Secretary's responsibilities;

departmental and tactical foreign intelligence requirements;

(d) Conduct counterintelligence activities in support of

Department of Defense components outside the United States in

coordination with the CIA, and within the United States in

coordination with the FBI pursuant to procedures agreed upon by the

Secretary of Defense and the Attorney General;

(e) Conduct, as the executive agent of the United States

Government, signals intelligence and communications security

activities, except as otherwise directed by the NSC;

(f) Provide for the timely transmission of critical intelligence,

as defined by the Director of Central Intelligence, within the

United States Government;

(g) Carry out or contract for research, development and

procurement of technical systems and devices relating to authorized

intelligence functions;

(h) Protect the security of Department of Defense installations,

activities, property, information, and employees by appropriate

means, including such investigations of applicants, employees,

contractors, and other persons with similar associations with the

Department of Defense as are necessary;

(i) Establish and maintain military intelligence relationships

and military intelligence exchange programs with selected

cooperative foreign defense establishments and international

organizations, and ensure that such relationships and programs are

in accordance with policies formulated by the Director of Central

Intelligence;

(j) Direct, operate, control and provide fiscal management for

the National Security Agency and for defense and military

intelligence and national reconnaissance entities; and

(k) Conduct such administrative and technical support activities

within and outside the United States as are necessary to perform

the functions described in sections (a) through (j) above.

1.12 INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF DEFENSE

In carrying out the responsibilities assigned in section 1.11,

the Secretary of Defense is authorized to utilize the following:

(a) Defense Intelligence Agency, whose responsibilities shall

include:

(1) Collection, production, or, through tasking and coordination,

provision of military and military-related intelligence for the

Secretary of Defense, the Joint Chiefs of Staff, other Defense

components, and, as appropriate, non-Defense agencies;

(2) Collection and provision of military intelligence for

national foreign intelligence and counterintelligence products;

(3) Coordination of all Department of Defense intelligence

collection requirements;

(4) Management of the Defense Attache system; and

(5) Provision of foreign intelligence and counterintelligence

staff support as directed by the Joint Chiefs of Staff.

(b) National Security Agency, whose responsibilities shall

include:

(1) Establishment and operation of an effective unified

organization for signals intelligence activities, except for the

delegation of operational control over certain operations that are

conducted through other elements of the Intelligence Community. No

other department or agency may engage in signals intelligence

activities except pursuant to a delegation by the Secretary of

Defense;

(2) Control of signals intelligence collection and processing

activities, including assignment of resources to an appropriate

agent for such periods and tasks as required for the direct support

of military commanders;

(3) Collection of signals intelligence information for national

foreign intelligence purposes in accordance with guidance from the

Director of Central Intelligence;

(4) Processing of signals intelligence data for national foreign

intelligence purposes in accordance with guidance from the Director

of Central Intelligence;

(5) Dissemination of signals intelligence information for

national foreign intelligence purposes to authorized elements of

the Government, including the military services, in accordance with

guidance from the Director of Central Intelligence;

(6) Collection, processing and dissemination of signals

intelligence information for counterintelligence purposes;

(7) Provision of signals intelligence support for the conduct of

military operations in accordance with tasking, priorities, and

standards of timeliness assigned by the Secretary of Defense. If

provision of such support requires use of national collection

systems, these systems will be tasked within existing guidance from

the Director of Central Intelligence;

(8) Executing the responsibilities of the Secretary of Defense as

executive agent for the communications security of the United

States Government;

(9) Conduct of research and development to meet the needs of the

United States for signals intelligence and communications security;

(10) Protection of the security of its installations, activities,

property, information, and employees by appropriate means,

including such investigations of applicants, employees,

contractors, and other persons with similar associations with the

NSA as are necessary;

(11) Prescribing, within its field of authorized operations,

security regulations covering operating practices, including the

transmission, handling and distribution of signals intelligence and

communications security material within and among the elements

under control of the Director of the NSA, and exercising the

necessary supervisory control to ensure compliance with the

regulations;

(12) Conduct of foreign cryptologic liaison relationships, with

liaison for intelligence purposes conducted in accordance with

policies formulated by the Director of Central Intelligence; and

(13) Conduct of such administrative and technical support

activities within and outside the United States as are necessary to

perform the functions described in sections (1) through (12) above,

including procurement.

through reconnaissance programs, whose responsibilities shall

include:

(1) Carrying out consolidated reconnaissance programs for

specialized intelligence;

(2) Responding to tasking in accordance with procedures

established by the Director of Central Intelligence; and

(3) Delegating authority to the various departments and agencies

for research, development, procurement, and operation of designated

means of collection.

(d) The foreign intelligence and counterintelligence elements of

the Army, Navy, Air Force, and Marine Corps, whose responsibilities

shall include:

(1) Collection, production and dissemination of military and

military-related foreign intelligence and counterintelligence, and

information on the foreign aspects of narcotics production and

trafficking. When collection is conducted in response to national

foreign intelligence requirements, it will be conducted in

accordance with guidance from the Director of Central Intelligence.

Collection of national foreign intelligence, not otherwise

obtainable, outside the United States shall be coordinated with the

CIA, and such collection within the United States shall be

coordinated with the FBI;

(2) Conduct of counterintelligence activities outside the United

States in coordination with the CIA, and within the United States

in coordination with the FBI; and

(3) Monitoring of the development, procurement and management of

tactical intelligence systems and equipment and conducting related

research, development, and test and evaluation activities.

(e) Other offices within the Department of Defense appropriate

for conduct of the intelligence missions and responsibilities

assigned to the Secretary of Defense. If such other offices are

used for intelligence purposes, the provisions of Part 2 of this

Order shall apply to those offices when used for those purposes.

1.13 THE DEPARTMENT OF ENERGY

The Secretary of Energy shall:

(a) Participate with the Department of State in overtly

collecting information with respect to foreign energy matters;

(b) Produce and disseminate foreign intelligence necessary for

the Secretary's responsibilities;

analysis requirements where the special expert capability of the

Department can contribute; and

(d) Provide expert technical, analytical and research capability

to other agencies within the Intelligence Community.

1.14 THE FEDERAL BUREAU OF INVESTIGATION

Under the supervision of the Attorney General and pursuant to

such regulations as the Attorney General may establish, the

Director of the FBI shall:

(a) Within the United States conduct counterintelligence and

coordinate counterintelligence activities of other agencies within

the Intelligence Community. When a counterintelligence activity of

the FBI involves military or civilian personnel of the Department

of Defense, the FBI shall coordinate with the Department of

Defense;

(b) Conduct counterintelligence activities outside the United

States in coordination with the CIA as required by procedures

agreed upon by the Director of Central Intelligence and the

Attorney General;

of the Intelligence Community designated by the President,

activities undertaken to collect foreign intelligence or support

foreign intelligence collection requirements of other agencies

within the Intelligence Community, or, when requested by the

Director of the National Security Agency, to support the

communications security activities of the United States Government;

(d) Produce and disseminate foreign intelligence and

counterintelligence; and

(e) Carry out or contract for research, development and

procurement of technical systems and devices relating to the

functions authorized above.

PART 2 - CONDUCT OF INTELLIGENCE ACTIVITIES

2.1 NEED

Accurate and timely information about the capabilities,

intentions and activities of foreign powers, organizations, or

persons and their agents is essential to informed decisionmaking in

the areas of national defense and foreign relations. Collection of

such information is a priority objective and will be pursued in a

vigorous, innovative and responsible manner that is consistent with

the Constitution and applicable law and respectful of the

principles upon which the United States was founded.

2.2 PURPOSE

This Order is intended to enhance human and technical collection

techniques, especially those undertaken abroad, and the acquisition

of significant foreign intelligence, as well as the detection and

countering of international terrorist activities and espionage

conducted by foreign powers. Set forth below are certain general

principles that, in addition to and consistent with applicable

laws, are intended to achieve the proper balance between the

acquisition of essential information and protection of individual

interests. Nothing in this Order shall be construed to apply to or

interfere with any authorized civil or criminal law enforcement

responsibility of any department or agency.

2.3 COLLECTION OF INFORMATION

Agencies within the Intelligence Community are authorized to

collect, retain or disseminate information concerning United States

persons only in accordance with procedures established by the head

of the agency concerned and approved by the Attorney General,

consistent with the authorities provided by Part 1 of this Order.

Those procedures shall permit collection, retention and

dissemination of the following types of information:

(a) Information that is publicly available or collected with the

consent of the person concerned;

(b) Information constituting foreign intelligence or

counterintelligence, including such information concerning

corporations or other commercial organizations. Collection within

the United States of foreign intelligence not otherwise obtainable

shall be undertaken by the FBI or, when significant foreign

intelligence is sought, by other authorized agencies of the

Intelligence Community, provided that no foreign intelligence

collection by such agencies may be undertaken for the purpose of

acquiring information concerning the domestic activities of United

States persons;

intelligence, counterintelligence, international narcotics or

international terrorism investigation;

(d) Information needed to protect the safety of any persons or

organizations, including those who are targets, victims or hostages

of international terrorist organizations;

(e) Information needed to protect foreign intelligence or

counterintelligence sources or methods from unauthorized

disclosure. Collection within the United States shall be undertaken

by the FBI except that other agencies of the Intelligence Community

may also collect such information concerning present or former

employees, present or former intelligence agency contractors or

their present or former employees, or applicants for any such

employment or contracting;

(f) Information concerning persons who are reasonably believed to

be potential sources or contacts for the purpose of determining

their suitability or credibility;

(g) Information arising out of a lawful personnel, physical or

communications security investigation;

(h) Information acquired by overhead reconnaissance not directed

at specific United States persons;

(i) Incidentally obtained information that may indicate

involvement in activities that may violate federal, state, local or

foreign laws; and

(j) Information necessary for administrative purposes.

In addition, agencies within the Intelligence Community may

disseminate information, other than information derived from

signals intelligence, to each appropriate agency within the

Intelligence Community for purposes of allowing the recipient

agency to determine whether the information is relevant to its

responsibilities and can be retained by it.

2.4 COLLECTION TECHNIQUES

Agencies within the Intelligence Community shall use the least

intrusive collection techniques feasible within the United States

or directed against United States persons abroad. Agencies are not

authorized to use such techniques as electronic surveillance,

unconsented physical search, mail surveillance, physical

surveillance, or monitoring devices unless they are in accordance

with procedures established by the head of the agency concerned and

approved by the Attorney General. Such procedures shall protect

constitutional and other legal rights and limit use of such

information to lawful governmental purposes. These procedures shall

not authorize:

(a) The CIA to engage in electronic surveillance within the

United States except for the purpose of training, testing, or

conducting countermeasures to hostile electronic surveillance;

(b) Unconsented physical searches in the United States by

agencies other than the FBI, except for:

(1) Searches by counterintelligence elements of the military

services directed against military personnel within the United

States or abroad for intelligence purposes, when authorized by a

military commander empowered to approve physical searches for law

enforcement purposes, based upon a finding of probable cause to

believe that such persons are acting as agents of foreign powers;

and

(2) Searches by CIA of personal property of non-United States

persons lawfully in its possession.

States by agencies other than the FBI, except for:

(1) Physical surveillance of present or former employees, present

or former intelligence agency contractors or their present or

former employees, or applicants for any such employment or

contracting; and

(2) Physical surveillance of a military person employed by a

nonintelligence element of a military service.

(d) Physical surveillance of a United States person abroad to

collect foreign intelligence, except to obtain significant

information that cannot reasonably be acquired by other means.

2.5 ATTORNEY GENERAL APPROVAL

The Attorney General hereby is delegated the power to approve the

use for intelligence purposes, within the United States or against

a United States person abroad, of any technique for which a warrant

would be required if undertaken for law enforcement purposes,

provided that such techniques shall not be undertaken unless the

Attorney General has determined in each case that there is probable

cause to believe that the technique is directed against a foreign

power or an agent of a foreign power. Electronic surveillance, as

defined in the Foreign Intelligence Surveillance Act of 1978 [50

U.S.C. 1801 et seq.], shall be conducted in accordance with that

Act, as well as this Order.

2.6 ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES

Agencies within the Intelligence Community are authorized to:

(a) Cooperate with appropriate law enforcement agencies for the

purpose of protecting the employees, information, property and

facilities of any agency within the Intelligence Community;

(b) Unless otherwise precluded by law or this Order, participate

in law enforcement activities to investigate or prevent clandestine

intelligence activities by foreign powers, or international

terrorist or narcotics activities;

assistance of expert personnel for use by any department or agency,

or, when lives are endangered, to support local law enforcement

agencies. Provision of assistance by expert personnel shall be

approved in each case by the General Counsel of the providing

agency; and

(d) Render any other assistance and cooperation to law

enforcement authorities not precluded by applicable law.

2.7 CONTRACTING

Agencies within the Intelligence Community are authorized to

enter into contracts or arrangements for the provision of goods or

services with private companies or institutions in the United

States and need not reveal the sponsorship of such contracts or

arrangements for authorized intelligence purposes. Contracts or

arrangements with academic institutions may be undertaken only with

the consent of appropriate officials of the institution.

2.8 CONSISTENCY WITH OTHER LAWS

Nothing in this Order shall be construed to authorize any

activity in violation of the Constitution or statutes of the United

States.

2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED

STATES

No one acting on behalf of agencies within the Intelligence

Community may join or otherwise participate in any organization in

the United States on behalf of any agency within the Intelligence

Community without disclosing his intelligence affiliation to

appropriate officials of the organization, except in accordance

with procedures established by the head of the agency concerned and

approved by the Attorney General. Such participation shall be

authorized only if it is essential to achieving lawful purposes as

determined by the agency head or designee. No such participation

may be undertaken for the purpose of influencing the activity of

the organization or its members except in cases where:

(a) The participation is undertaken on behalf of the FBI in the

course of a lawful investigation; or

(b) The organization concerned is composed primarily of

individuals who are not United States persons and is reasonably

believed to be acting on behalf of a foreign power.

2.10 HUMAN EXPERIMENTATION

No agency within the Intelligence Community shall sponsor,

contract for or conduct research on human subjects except in

accordance with guidelines issued by the Department of Health and

Human Services. The subject's informed consent shall be documented

as required by those guidelines.

2.11 PROHIBITION ON ASSASSINATION

No person employed by or acting on behalf of the United States

Government shall engage in, or conspire to engage in,

assassination.

2.12 INDIRECT PARTICIPATION

No agency of the Intelligence Community shall participate in or

request any person to undertake activities forbidden by this Order.

PART 3 - GENERAL PROVISIONS

3.1 CONGRESSIONAL OVERSIGHT

The duties and responsibilities of the Director of Central

Intelligence and the heads of other departments, agencies, and

entities engaged in intelligence activities to cooperate with the

Congress in the conduct of its responsibilities for oversight of

intelligence activities shall be as provided in title 50, United

States Code, section 413. The requirements of section 662 of the

Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422), and

section 501 of the National Security Act of 1947, as amended (50

U.S.C. 413), shall apply to all special activities as defined in

this Order.

3.2 IMPLEMENTATION

The NSC, the Secretary of Defense, the Attorney General, and the

Director of Central Intelligence shall issue such appropriate

directives and procedures as are necessary to implement this Order.

Heads of agencies within the Intelligence Community shall issue

appropriate supplementary directives and procedures consistent with

this Order. The Attorney General shall provide a statement of

reasons for not approving any procedures established by the head of

an agency in the Intelligence Community other than the FBI. The

National Security Council may establish procedures in instances

where the agency head and the Attorney General are unable to reach

agreement on other than constitutional or other legal grounds.

3.3 PROCEDURES

Until the procedures required by this Order have been

established, the activities herein authorized which require

procedures shall be conducted in accordance with existing

procedures or requirements established under Executive Order No.

12036 [formerly set out above]. Procedures required by this Order

shall be established as expeditiously as possible. All procedures

promulgated pursuant to this Order shall be made available to the

congressional intelligence committees.

3.4 DEFINITIONS

For the purposes of this Order, the following terms shall have

these meanings:

(a) Counterintelligence means information gathered and activities

conducted to protect against espionage, other intelligence

activities, sabotage, or assassinations conducted for or on behalf

of foreign powers, organizations or persons, or international

terrorist activities, but not including personnel, physical,

document or communications security programs.

(b) Electronic surveillance means acquisition of a nonpublic

communication by electronic means without the consent of a person

who is a party to an electronic communication or, in the case of a

nonelectronic communication, without the consent of a person who is

visably [sic] present at the place of communication, but not

including the use of radio direction-finding equipment solely to

determine the location of a transmitter.

for an agency within the Intelligence Community.

(d) Foreign intelligence means information relating to the

capabilities, intentions and activities of foreign powers,

organizations or persons, but not including counterintelligence

except for information on international terrorist activities.

(e) Intelligence activities means all activities that agencies

within the Intelligence Community are authorized to conduct

pursuant to this Order.

(f) Intelligence Community and agencies within the Intelligence

Community refer to the following agencies or organizations:

(1) The Central Intelligence Agency (CIA);

(2) The National Security Agency (NSA);

(3) The Defense Intelligence Agency (DIA);

(4) The offices within the Department of Defense for the

collection of specialized national foreign intelligence through

reconnaissance programs;

(5) The Bureau of Intelligence and Research of the Department of

State;

(6) The intelligence elements of the Army, Navy, Air Force, and

Marine Corps, the Federal Bureau of Investigation (FBI), the

Department of the Treasury, and the Department of Energy;

(7) The staff elements of the Director of Central Intelligence;

and

(8) Those elements of the Department of Homeland Security that

are supervised by the Department's Under Secretary for Information

Analysis and Infrastructure Protection through the Department's

Assistant Secretary for Information Analysis, with the exception of

those functions that involve no analysis of foreign intelligence

information.

(g) The National Foreign Intelligence Program includes the

programs listed below, but its composition shall be subject to

review by the National Security Council and modification by the

President:

(1) The programs of the CIA;

(2) The Consolidated Cryptologic Program, the General Defense

Intelligence Program, and the programs of the offices within the

Department of Defense for the collection of specialized national

foreign intelligence through reconnaissance, except such elements

as the Director of Central Intelligence and the Secretary of

Defense agree should be excluded;

(3) Other programs of agencies within the Intelligence Community

designated jointly by the Director of Central Intelligence and the

head of the department or by the President as national foreign

intelligence or counterintelligence activities;

(4) Activities of the staff elements of the Director of Central

Intelligence;

(5) Activities to acquire the intelligence required for the

planning and conduct of tactical operations by the United States

military forces are not included in the National Foreign

Intelligence Program.

(h) Special activities means activities conducted in support of

national foreign policy objectives abroad which are planned and

executed so that the role of the United States Government is not

apparent or acknowledged publicly, and functions in support of such

activities, but which are not intended to influence United States

political processes, public opinion, policies, or media and do not

include diplomatic activities or the collection and production of

intelligence or related support functions.

(i) United States person means a United States citizen, an alien

known by the intelligence agency concerned to be a permanent

resident alien, an unincorporated association substantially

composed of United States citizens or permanent resident aliens, or

a corporation incorporated in the United States, except for a

corporation directed and controlled by a foreign government or

governments.

3.5 PURPOSE AND EFFECT

This Order is intended to control and provide direction and

guidance to the Intelligence Community. Nothing contained herein or

in any procedures promulgated hereunder is intended to confer any

substantive or procedural right or privilege on any person or

organization.

3.6 REVOCATION

Executive Order No. 12036 of January 24, 1978, as amended,

entitled "United States Intelligence Activities," is revoked.

[For provisions relating to consideration of Commandant and

Assistant Commandant for Intelligence of the Coast Guard as a

"Senior Official of the Intelligence Community" for purposes of Ex.

Ord. No. 12333, set out above, and all other relevant authorities,

see Ex. Ord. No. 13286, Sec. 87, Feb. 28, 2003, 68 F.R. 10632, set

out as a note under section 111 of Title 6, Domestic Security.]

-EXEC-

EXECUTIVE ORDER NO. 12334

Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by

Ex. Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, which established

the President's Intelligence Oversight Board, was revoked by Ex.

Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set out

below.

EX. ORD. NO. 12863. PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD

Ex. Ord. No. 12863, Sept. 13, 1993, 58 F.R. 48441, as amended by

Ex. Ord. No. 13070, Dec. 15, 1997, 62 F.R. 66493, 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

enhance the security of the United States by improving the quality

and effectiveness of intelligence available to the United States,

and to assure the legality of activities of the Intelligence

Community, it is ordered as follows:

-MISC3-

PART I. ASSESSMENT OF INTELLIGENCE ACTIVITIES

Section 1.1. There is hereby established within the White House

Office, Executive Office of the President, the President's Foreign

Intelligence Advisory Board (PFIAB). The PFIAB shall consist of not

more than 16 members, who shall serve at the pleasure of the

President and shall be appointed by the President from among

trustworthy and distinguished citizens outside the Government who

are qualified on the basis of achievement, experience and

independence. The President shall establish the terms of the

members upon their appointment. To the extent practicable,

one-third of the PFIAB at any one time shall be comprised of

members whose term of service does not exceed 2 years. The

President shall designate a Chairman and Vice Chairman from among

the members. The PFIAB shall utilize full-time staff and

consultants as authorized by the President. Such staff shall be

headed by an Executive Director, appointed by the President.

Sec. 1.2. The PFIAB shall assess the quality, quantity, and

adequacy of intelligence collection, of analysis and estimates, and

of counterintelligence and other intelligence activities. The PFIAB

shall have the authority to review continually the performance of

all agencies of the Federal Government that are engaged in the

collection, evaluation, or production of intelligence or the

execution of intelligence policy. The PFIAB shall further be

authorized to assess the adequacy of management, personnel and

organization in the intelligence agencies. The heads of departments

and agencies of the Federal Government, to the extent permitted by

law, shall provide the PFIAB with access to all information that

the PFIAB deems necessary to carry out its responsibilities.

Sec. 1.3. The PFIAB shall report directly to the President and

advise him concerning the objectives, conduct, management and

coordination of the various activities of the agencies of the

Intelligence Community. The PFIAB shall report periodically, but at

least semiannually, concerning its findings and appraisals and

shall make appropriate recommendations for the improvement and

enhancement of the intelligence efforts of the United States.

Sec. 1.4. The PFIAB shall consider and recommend appropriate

action with respect to matters, identified to the PFIAB by the

Director of Central Intelligence, the Central Intelligence Agency,

or other Government agencies engaged in intelligence or related

activities, in which the advice of the PFIAB will further the

effectiveness of the national intelligence effort. With respect to

matters deemed appropriate by the President, the PFIAB shall advise

and make recommendations to the Director of Central Intelligence,

the Central Intelligence Agency, and other Government agencies

engaged in intelligence and related activities, concerning ways to

achieve increased effectiveness in meeting national intelligence

needs.

PART II. OVERSIGHT OF INTELLIGENCE ACTIVITIES

Sec. 2.1. The Intelligence Oversight Board (IOB) is hereby

established as a standing committee of the PFIAB. The IOB shall

consist of no more than four members designated by the President

from among the membership of the PFIAB. The Chairman of the PFIAB

may also serve as the Chairman or a member of the IOB if so

designated by the President. The IOB shall utilize such full-time

staff and consultants as authorized by the Chairman of the IOB with

the concurrence of the Chairman of the PFIAB.

Sec. 2.2. The IOB shall:

(a) prepare for the President reports of intelligence

activities that the IOB believes may be unlawful or contrary to

Executive order or Presidential directive;

(b) forward to the Attorney General reports received concerning

intelligence activities that the IOB believes may be unlawful or

contrary to Executive order or Presidential directive;

Intelligence Community that concern the lawfulness of

intelligence activities;

(d) review the practices and procedures of the Inspectors

General and General Counsel of the Intelligence Community for

discovering and reporting intelligence activities that may be

unlawful or contrary to Executive order or Presidential

directive; and

(e) conduct such investigations as the IOB deems necessary to

carry out its functions under this order.

Sec. 2.3. The IOB shall report to the President. The IOB shall

consider and take appropriate action with respect to matters

identified by the Director of Central Intelligence, the Central

Intelligence Agency or other agencies of the Intelligence

Community. With respect to matters deemed appropriate by the

President, the IOB shall advise and make appropriate

recommendations to the Director of Central Intelligence, the

Central Intelligence Agency and other agencies of the Intelligence

Community.

Sec. 2.4. The heads of departments and agencies of the

Intelligence Community, to the extent permitted by law, shall

provide the IOB with all information that the IOB deems necessary

to carry out its responsibilities. Inspectors General and General

Counsel of the Intelligence Community, to the extent permitted by

law, shall report to the IOB, at least on a quarterly basis and

from time to time as necessary or appropriate, concerning

intelligence activities that they have reason to believe may be

unlawful or contrary to Executive order or Presidential directive.

PART III. GENERAL PROVISIONS

Sec. 3.1. Information made available to the PFIAB, or members of

the PFIAB acting in their IOB capacity, shall be given all

necessary security protection in accordance with applicable laws

and regulations. Each member of the PFIAB, each member of the

PFIAB's staff and each of the PFIAB's consultants shall execute an

agreement never to reveal any classified information obtained by

virtue of his or her services with the PFIAB except to the

President or to such persons as the President may designate.

Sec. 3.2. Members of the PFIAB shall serve without compensation

but may receive transportation expenses and per diem allowance as

authorized by law. Staff and consultants to the PFIAB shall receive

pay and allowances as authorized by the President.

Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as

amended, and Executive Order No. 12537 of October 28, 1985, as

amended [50 U.S.C. 403 note], are revoked.

William J. Clinton.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The National Security Act of 1947 is referred to in sections 47e,

402c of this title; section 469 of Appendix to this title; title 6

section 121; title 21 sections 1704, 1903.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 113, 125, 155.

-End-

-CITE-

50 USC Sec. 401a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

-HEAD-

Sec. 401a. Definitions

-STATUTE-

As used in this Act:

(1) The term "intelligence" includes foreign intelligence and

counterintelligence.

(2) The term "foreign intelligence" means information relating

to the capabilities, intentions, or activities of foreign

governments or elements thereof, foreign organizations, or

foreign persons, or international terrorist activities.

(3) The term "counterintelligence" means information gathered,

and activities conducted, to protect against espionage, other

intelligence activities, sabotage, or assassinations conducted by

or on behalf of foreign governments or elements thereof, foreign

organizations, or foreign persons, or international terrorist

activities.

(4) The term "intelligence community" includes -

(A) the Office of the Director of Central Intelligence, which

shall include the Office of the Deputy Director of Central

Intelligence, the National Intelligence Council (as provided

for in section 403-5(b)(3) (!1) of this title), and such other

offices as the Director may designate;

(B) the Central Intelligence Agency;

(D) the Defense Intelligence Agency;

(E) the National Imagery and Mapping Agency;

(F) the National Reconnaissance Office;

(G) other offices within the Department of Defense for the

collection of specialized national intelligence through

reconnaissance programs;

(H) the intelligence elements of the Army, the Navy, the Air

Force, the Marine Corps, the Federal Bureau of Investigation,

the Department of the Treasury, the Department of Energy, and

the Coast Guard;

(I) the Bureau of Intelligence and Research of the Department

of State;

(J) the elements of the Department of Homeland Security

concerned with the analyses of foreign intelligence

information; and

(K) such other elements of any other department or agency as

may be designated by the President, or designated jointly by

the Director of Central Intelligence and the head of the

department or agency concerned, as an element of the

intelligence community.

(5) The terms "national intelligence" and "intelligence related

to the national security" -

(A) each refer to intelligence which pertains to the

interests of more than one department or agency of the

Government; and

(B) do not refer to counterintelligence or law enforcement

activities conducted by the Federal Bureau of Investigation

except to the extent provided for in procedures agreed to by

the Director of Central Intelligence and the Attorney General,

or otherwise as expressly provided for in this title.(!2)

(6) The term "National Foreign Intelligence Program" refers to

all programs, projects, and activities of the intelligence

community, as well as any other programs of the intelligence

community designated jointly by the Director of Central

Intelligence and the head of a United States department or agency

or by the President. Such term does not include programs,

projects, or activities of the military departments to acquire

intelligence solely for the planning and conduct of tactical

military operations by United States Armed Forces.

(7) The term "congressional intelligence committees" means -

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

(B) the Permanent Select Committee on Intelligence of the

House of Representatives.

-SOURCE-

(July 26, 1947, ch. 343, Sec. 3, as added Pub. L. 102-496, title

VII, Sec. 702, Oct. 24, 1992, 106 Stat. 3188; amended Pub. L.

103-359, title V, Sec. 501(a)(1), Oct. 14, 1994, 108 Stat. 3428;

Pub. L. 104-201, div. A, title XI, Sec. 1122(b)(1), Sept. 23, 1996,

110 Stat. 2687; Pub. L. 107-56, title IX, Sec. 902, Oct. 26, 2001,

115 Stat. 387; Pub. L. 107-108, title I, Sec. 105, Dec. 28, 2001,

115 Stat. 1397; Pub. L. 107-296, title II, Sec. 201(h), Nov. 25,

2002, 116 Stat. 2149; Pub. L. 107-306, title III, Sec. 353(a), Nov.

27, 2002, 116 Stat. 2401.)

-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.

This title, referred to in par. (5)(B), probably should be "this

Act", meaning act July 26, 1947, see above, because this section is

not a part of any title of act of July 26, 1947.

-MISC1-

AMENDMENTS

2002 - Par. (4)(J), (K). Pub. L. 107-296 added subpar. (J) and

redesignated former subpar. (J) as (K).

Par. (7). Pub. L. 107-306 added par. (7).

2001 - Par. (2). Pub. L. 107-56, Sec. 902(1), inserted ", or

international terrorist activities" before period at end.

Par. (3). Pub. L. 107-56, Sec. 902(2), substituted ", and

activities conducted," for "and activities conducted".

Par. (4)(H). Pub. L. 107-108 struck out "and" before "the

Department of Energy" and inserted ", and the Coast Guard" before

semicolon.

1996 - Par. (4)(E). Pub. L. 104-201 substituted "National Imagery

and Mapping Agency" for "Central Imagery Office".

1994 - Par. (4)(E). Pub. L. 103-359 substituted "the Central

Imagery Office" for "the central imagery authority within the

Department of Defense".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

Title 10, Armed Forces.

-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.

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of Title 22, Foreign Relations and

Intercourse, and section 161(d) of Pub. L. 103-236, set out as a

note under section 2651a of Title 22.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402a, 403-2a, 403-5d,

403-8, 404j, 2366 of this title; section 2170b of Appendix to this

title; title 5 section 552; title 5 App. section 8H; title 6

sections 122, 331, 482; title 8 section 1701; title 10 section 437;

title 12 section 3414; title 15 section 1681b; title 18 section

2517; title 22 sections 1442a, 2291-4, 7302; title 28 section 540C.

-FOOTNOTE-

(!1) So in original. Probably should be section "403-3(b)(3)".

(!2) See References in Text note below.

-End-

-CITE-

50 USC SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-End-

-CITE-

50 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 402. National Security Council

-STATUTE-

(a) Establishment; presiding officer; functions; composition

There is established a council to be known as the National

Security Council (hereinafter in this section referred to as the

"Council").

The President of the United States shall preside over meetings of

the Council: Provided, That in his absence he may designate a

member of the Council to preside in his place.

The function of the Council shall be to advise the President with

respect to the integration of domestic, foreign, and military

policies relating to the national security so as to enable the

military services and the other departments and agencies of the

Government to cooperate more effectively in matters involving the

national security.

The Council shall be composed of -

(1) the President;

(2) the Vice President;

(3) the Secretary of State;

(4) the Secretary of Defense;

(5) the Director for Mutual Security;

(6) the Chairman of the National Security Resources Board; and

(7) the Secretaries and Under Secretaries of other executive

departments and of the military departments, the Chairman of the

Munitions Board, and the Chairman of the Research and Development

Board, when appointed by the President by and with the advice and

consent of the Senate, to serve at his pleasure.

(b) Additional functions

In addition to performing such other functions as the President

may direct, for the purpose of more effectively coordinating the

policies and functions of the departments and agencies of the

Government relating to the national security, it shall, subject to

the direction of the President, be the duty of the Council -

(1) to assess and appraise the objectives, commitments, and

risks of the United States in relation to our actual and

potential military power, in the interest of national security,

for the purpose of making recommendations to the President in

connection therewith; and

(2) to consider policies on matters of common interest to the

departments and agencies of the Government concerned with the

national security, and to make recommendations to the President

in connection therewith.

The Council shall have a staff to be headed by a civilian

executive secretary who shall be appointed by the President. The

executive secretary, subject to the direction of the Council, is

authorized, subject to the civil-service laws and 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 perform such

duties as may be prescribed by the Council in connection with the

performance of its functions.

(d) Recommendations and reports

The Council shall, from time to time, make such recommendations,

and such other reports to the President as it deems appropriate or

as the President may require.

(e) Participation of Chairman or Vice Chairman of Joint Chiefs of

Staff

The Chairman (or in his absence the Vice Chairman) of the Joint

Chiefs of Staff may, in his role as principal military adviser to

the National Security Council and subject to the direction of the

President, attend and participate in meetings of the National

Security Council.

(f) Participation by Director of National Drug Control Policy

The Director of National Drug Control Policy may, in the role of

the Director as principal adviser to the National Security Council

on national drug control policy, and subject to the direction of

the President, attend and participate in meetings of the National

Security Council.

(g) Board for Low Intensity Conflict

The President shall establish within the National Security

Council a board to be known as the "Board for Low Intensity

Conflict". The principal function of the board shall be to

coordinate the policies of the United States for low intensity

conflict.

(h) Committee on Foreign Intelligence

(1) There is established within the National Security Council a

committee to be known as the Committee on Foreign Intelligence (in

this subsection referred to as the "Committee").

(2) The Committee shall be composed of the following:

(A) The Director of Central Intelligence.

(B) The Secretary of State.

(D) The Assistant to the President for National Security

Affairs, who shall serve as the chairperson of the Committee.

(E) Such other members as the President may designate.

(3) The function of the Committee shall be to assist the Council

in its activities by -

(A) identifying the intelligence required to address the

national security interests of the United States as specified by

the President;

(B) establishing priorities (including funding priorities)

among the programs, projects, and activities that address such

interests and requirements; and

intelligence activities of the United States, including

appropriate roles and missions for the elements of the

intelligence community and appropriate targets of intelligence

collection activities.

(4) In carrying out its function, the Committee shall -

(A) conduct an annual review of the national security interests

of the United States;

(B) identify on an annual basis, and at such other times as the

Council may require, the intelligence required to meet such

interests and establish an order of priority for the collection

and analysis of such intelligence; and

intelligence community in order to determine the success of such

elements in collecting, analyzing, and disseminating the

intelligence identified under subparagraph (B).

(5) The Committee shall submit each year to the Council and to

the Director of Central Intelligence a comprehensive report on its

activities during the preceding year, including its activities

under paragraphs (3) and (4).

(i) (!1) Committee on Transnational Threats

(1) There is established within the National Security Council a

committee to be known as the Committee on Transnational Threats (in

this subsection referred to as the "Committee").

(2) The Committee shall include the following members:

(A) The Director of Central Intelligence.

(B) The Secretary of State.

(D) The Attorney General.

(E) The Assistant to the President for National Security

Affairs, who shall serve as the chairperson of the Committee.

(F) Such other members as the President may designate.

(3) The function of the Committee shall be to coordinate and

direct the activities of the United States Government relating to

combatting transnational threats.

(4) In carrying out its function, the Committee shall -

(A) identify transnational threats;

(B) develop strategies to enable the United States Government

to respond to transnational threats identified under subparagraph

(A);

(D) make recommendations as to appropriate responses to

specific transnational threats;

(E) assist in the resolution of operational and policy

differences among Federal departments and agencies in their

responses to transnational threats;

(F) develop policies and procedures to ensure the effective

sharing of information about transnational threats among Federal

departments and agencies, including law enforcement agencies and

the elements of the intelligence community; and

(G) develop guidelines to enhance and improve the coordination

of activities of Federal law enforcement agencies and elements of

the intelligence community outside the United States with respect

to transnational threats.

(5) For purposes of this subsection, the term "transnational

threat" means the following:

(A) Any transnational activity (including international

terrorism, narcotics trafficking, the proliferation of weapons of

mass destruction and the delivery systems for such weapons, and

organized crime) that threatens the national security of the

United States.

(B) Any individual or group that engages in an activity

referred to in subparagraph (A).

(j) Participation of Director of Central Intelligence

The Director of Central Intelligence (or, in the Director's

absence, the Deputy Director of Central Intelligence) may, in the

performance of the Director's duties under this Act and subject to

the direction of the President, attend and participate in meetings

of the National Security Council.

(i) (!2) Special Adviser to the President on International

Religious Freedom

It is the sense of the Congress that there should be within the

staff of the National Security Council a Special Adviser to the

President on International Religious Freedom, whose position should

be comparable to that of a director within the Executive Office of

the President. The Special Adviser should serve as a resource for

executive branch officials, compiling and maintaining information

on the facts and circumstances of violations of religious freedom

(as defined in section 6402 of title 22), and making policy

recommendations. The Special Adviser should serve as liaison with

the Ambassador at Large for International Religious Freedom, the

United States Commission on International Religious Freedom,

Congress and, as advisable, religious nongovernmental

organizations.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 101, 61 Stat. 496; Aug. 10,

1949, ch. 412, Sec. 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title

XI, Sec. 1106(a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V,

Sec. 501(e)(1), 65 Stat. 378; Pub. L. 99-433, title II, Sec. 203,

Oct. 1, 1986, 100 Stat. 1011; Pub. L. 99-500, Sec. 101(c) [title

IX, Sec. 9115(f)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-125, and

Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9115(f)], Oct. 30,

1986, 100 Stat. 3341-82, 3341-125; Pub. L. 99-661, div. A, title

XIII, Sec. 1311(f), Nov. 14, 1986, 100 Stat. 3986; Pub. L. 100-690,

title I, Sec. 1003(a)(3), Nov. 18, 1988, 102 Stat. 4182; Pub. L.

102-496, title VII, Sec. 703, Oct. 24, 1992, 106 Stat. 3189; Pub.

L. 104-293, title VIII, Secs. 802, 804, Oct. 11, 1996, 110 Stat.

3474, 3476; Pub. L. 105-277, div. C, title VII, Sec. 713(b), Oct.

21, 1998, 112 Stat. 2681-693; Pub. L. 105-292, title III, Sec. 301,

Oct. 27, 1998, 112 Stat. 2800.)

-REFTEXT-

REFERENCES IN TEXT

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

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

This Act, referred to in subsec. (j), 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

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

In subsec. (c), provisions that specified compensation of $10,000

per year for the executive secretary to the Council were omitted.

Section 304(b) of Pub. L. 88-426 amended section 105 of Title 3,

The President, to include the executive secretary of the Council

among those whose compensation was authorized to be fixed by the

President. Section 1(a) of Pub. L. 95-570 further amended section

105 of Title 3 to authorize the President to appoint and fix the

pay of the employees of the White House Office subject to certain

provisions.

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

title 5" substituted for "the Classification Act of 1949, as

amended" 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

1998 - Subsecs. (f), (g). Pub. L. 105-277 added subsec. (f) and

redesignated former subsec. (f) as (g).

Subsec. (i). Pub. L. 105-292 added subsec. (i) relating to

Special Adviser to the President on International Religious

Freedom.

1996 - Subsec. (h). Pub. L. 104-293, Sec. 802(2), added subsec.

(h). Former subsec. (h) redesignated (j).

Subsec. (i). Pub. L. 104-293, Sec. 804, added subsec. (i).

Subsec. (j). Pub. L. 104-293, Sec. 802(1), redesignated subsec.

(h) as (j).

1992 - Subsec. (h). Pub. L. 102-496 added subsec. (h).

1988 - Subsecs. (f), (g). Pub. L. 100-690, Secs. 1003(a)(3),

1009, temporarily added subsec. (f), relating to participation by

Director of National Drug Control Policy in meetings of National

Security Council, and redesignated former subsec. (f) as (g). See

Effective and Termination Dates of 1988 Amendment note below.

1986 - Subsec. (e). Pub. L. 99-433 added subsec. (e).

Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661

amended section identically adding subsec. (f).

1951 - Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating

to Director for Mutual Security, in fourth paragraph, and

renumbered former cls. (5) and (6) thereof as cls. (6) and (7),

respectively.

1949 - Subsec. (a). Act Aug. 10, 1949, added the Vice President

to the Council, removed the Secretaries of the military

departments, to authorize the President to add, with the consent of

the Senate, Secretaries and Under Secretaries of other executive

departments and of the military department, and the Chairmen of the

Munitions Board and the Research and Development Board.

Subsec. (c). Act Oct. 28, 1949, substituted "Classification Act

of 1949" for "Classification Act of 1923, as amended".

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and

repealed on Sept. 30, 1997, see sections 1012 and 1009,

respectively, of Pub. L. 100-690.

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

Office of Director for Mutual Security abolished and functions of

Director, including those as a member of National Security Council,

transferred to Director of Foreign Operations Administration by

Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out

in the Appendix to Title 5, Government Organization and Employees.

Foreign Operations Administration abolished by Ex. Ord. No. 10610,

May 9, 1955, 20 F.R. 3179, and its functions and offices

transferred to Department of State to be administered by

International Cooperation Administration. For later transfer, see

section 2381 of Title 22, Foreign Relations and Intercourse, and

notes set out under that section.

National Security Resources Board, together with Office of

Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff.

June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out under section

404 of this title. Functions of Chairman with limited exception,

including his functions as a member of National Security Council

transferred to Office of Defense Mobilization by section 2(a) of

Reorg. Plan No. 3 of 1953. Functions of Director of Office of

Defense Mobilization with respect to being a member of National

Security Council transferred to Director of Office of Civil and

Defense Mobilization by Reorg. Plan No. 1 of 1958, Sec. 4, eff.

July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended by Pub. L.

85-763, Aug. 26, 1958, 72 Stat. 861, set out as a note under

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

subsequent transfers to Office of Emergency Planning, Office of

Emergency Preparedness, and President, see Transfer of Functions

notes set out under section 404 of this title.

Munitions Board, together with office of Chairman, abolished by

section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R.

3743, 67 Stat. 638, set out in the Appendix to Title 5, Government

Organization and Employees. All functions vested in Munitions Board

transferred to Secretary of Defense by section 1(a) of Reorg. Plan

No. 6 of 1953.

Research and Development Board, together with office of Chairman,

abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30,

1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title

5, Government Organization and Employees. Functions vested in Board

transferred to Secretary of Defense by section 1(a) of Reorg. Plan

No. 6 of 1953.

National Security Council, together with its functions, records,

property, personnel, and unexpended balances of appropriations,

allocations, and other funds (available or to be made available)

transferred to Executive Office of President by Reorg. Plan No. 4

of 1949, eff. Aug. 20, 1949, 14 F.R. 5227, 63 Stat. 1067, set out

in the Appendix to Title 5, Government Organization and Employees.

-MISC2-

RULE OF CONSTRUCTION FOR DUPLICATE AUTHORIZATION AND APPROPRIATION

PROVISIONS OF PUBLIC LAWS 99-500, 99-591, AND 99-661

For rule of construction for certain duplicate provisions of

Public Laws 99-500, 99-591, and 99-661, see section 6 of Pub. L.

100-26, set out as a note under section 2302 of Title 10, Armed

Forces.

SECTION AS UNAFFECTED BY REPEALS

Repeals by section 542(a) of Mutual Security Act of 1954 did not

repeal amendment to this section by act Oct. 10, 1951.

NATIONAL SECURITY AGENCY ACT OF 1959

Pub. L. 86-36, May 29, 1959, 73 Stat. 63, as amended by Pub. L.

87-367, title II, Secs. 201, 204, Oct. 4, 1961, 75 Stat. 789, 791;

Pub. L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Sept.

23, 1950, ch. 1024, title III, Sec. 306(a), as added Mar. 26, 1964,

Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title

III, Sec. 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, Sec.

3(d), 78 Stat. 1008; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80

Stat. 660; Oct. 8, 1966, Pub. L. 89-632, Sec. 1(e), 80 Stat. 878;

Pub. L. 91-187, Sec. 2, Dec. 30, 1969, 83 Stat. 850; Pub. L.

96-450, title IV, Sec. 402(a), Oct. 14, 1980, 94 Stat. 1977; Pub.

L. 97-89, title VI, Secs. 601-603, Dec. 4, 1981, 95 Stat.

1154-1156, eff. Oct. 1, 1981; Pub. L. 99-335, title V, Sec. 507(a),

June 6, 1986, 100 Stat. 628; Pub. L. 99-569, title V, Sec. 505,

Oct. 27, 1986, 100 Stat. 3200; Pub. L. 101-193, title V, Sec.

505(b), Nov. 30, 1989, 103 Stat. 1709; Pub. L. 101-194, title V,

Sec. 506(c)(2), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 102-88,

title V, Sec. 503, Aug. 14, 1991, 105 Stat. 436; Pub. L. 102-183,

title IV, Sec. 405, Dec. 4, 1991, 105 Stat. 1267; Pub. L. 102-496,

title III, Sec. 304(a), title IV, Sec. 405, title VIII, Sec.

803(b), Oct. 24, 1992, 106 Stat. 3183, 3186, 3253; Pub. L. 103-359,

title VIII, Sec. 806(b)(2), Oct. 14, 1994, 108 Stat. 3442; Pub. L.

104-106, div. A, title X, Sec. 1064(b), Feb. 10, 1996, 110 Stat.

445; Pub. L. 104-201, div. A, title XVI, Sec. 1633(b)(1), Sept. 23,

1996, 110 Stat. 2751; Pub. L. 107-108, title V, Sec. 506, Dec. 28,

2001, 115 Stat. 1406; Pub. L. 107-306, title VIII, Sec. 841(f),

Nov. 27, 2002, 116 Stat. 2432, provided: "That this Act [this note]

may be cited as the 'National Security Agency Act of 1959'.

[Amended Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660;

Pub. L. 96-450, title IV, Sec. 402(a)(2), Oct. 14, 1980, 94 Stat.

1978.]

"[Sec. 2. Repealed. Pub. L. 104-201, div. A, title XVI, Sec.

1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]

"Sec. 3. [Amended section 1581(a) of Title 10, Armed Forces.]

"[Sec. 4. Repealed. Pub. L. 104-201, div. A, title XVI, Sec.

1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]

"Sec. 5. Officers and employees of the National Security Agency

who are citizens or nationals of the United States may be granted

additional compensation, in accordance with regulations which shall

be prescribed by the Secretary of Defense, not in excess of

additional compensation authorized by section 207 of the

Independent Offices Appropriation Act, 1949, as amended (5 U.S.C.

118h) [see 5 U.S.C. 5941], for employees whose rates of basic

compensation are fixed by statute.

"Sec. 6. (a) Except as provided in subsection (b) of this

section, nothing in this Act or any other law (including, but not

limited to, the first section and section 2 of the Act of August

28, 1935 (5 U.S.C. 654) [repealed by Pub. L. 86-626, title I, Sec.

101, July 12, 1960, 74 Stat. 427]) shall be construed to require

the disclosure of the organization or any function of the National

Security Agency, or any information with respect to the activities

thereof, or of the names, titles, salaries, or number of the

persons employed by such agency.

"(b) The reporting requirements of section 1582 of title 10,

United States Code, shall apply to positions established in the

National Security Agency in the manner provided by section 4 of

this Act.

"[Sec. 7. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 660.]

"Sec. 8. The foregoing provisions of this Act shall take effect

on the first day of the first pay period which begins later than

the thirtieth day following the date of enactment of this Act [May

29, 1959].

"Sec. 9. (a) Notwithstanding section 322 of the Act of June 30,

1932 ([former] 40 U.S.C. 278a), section 5536 of title 5, United

States Code, and section 2675 of title 10, United States Code, the

Director of the National Security Agency, on behalf of the

Secretary of Defense, may lease real property outside the United

States, for periods not exceeding ten years, for the use of the

National Security Agency for special cryptologic activities and for

housing for personnel assigned to such activities.

"(b) The Director of the National Security Agency, on behalf of

the Secretary of Defense, may provide to certain civilian and

military personnel of the Department of Defense who are assigned to

special cryptologic activities outside the United States and who

are designated by the Secretary of Defense for the purposes of this

subsection -

"(1) allowances and benefits -

"(A) comparable to those provided by the Secretary of State

to members of the Foreign Service under chapter 9 of title I of

the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any

other provision of law; and

"(B) in the case of selected personnel serving in

circumstances similar to those in which personnel of the

Central Intelligence Agency serve, comparable to those provided

by the Director of Central Intelligence to personnel of the

Central Intelligence Agency;

"(2) housing (including heat, light, and household equipment)

without cost to such personnel, if the Director of the National

Security Agency, on behalf of the Secretary of Defense determines

that it would be in the public interest to provide such housing;

and

"(3) special retirement accrual in the same manner provided in

section 303 of the Central Intelligence Agency Retirement Act (50

U.S.C. 403 note) [50 U.S.C. 2001 et seq.] and in section 18 of

the Central Intelligence Agency Act of 1949 [50 U.S.C. 403r].

"(c) The authority of the Director of the National Security

Agency, on behalf of the Secretary of Defense, to make payments

under subsections (a) and (b), and under contracts for leases

entered into under subsection (a), is effective for any fiscal year

only to the extent that appropriated funds are available for such

purpose.

"(d) Members of the Armed Forces may not receive benefits under

both subsection (b)(1) and title 37, United States Code, for the

same purpose. The Secretary of Defense shall prescribe such

regulations as may be necessary to carry out this subsection.

"(e) Regulations issued pursuant to subsection (b)(1) shall be

submitted to the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intelligence

of the Senate before such regulations take effect.

[Amended Pub. L. 102-496, title VIII, Sec. 803(b), Oct. 24, 1992,

106 Stat. 3253. 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.]

[Amended Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989,

103 Stat. 1709.]

[Amended Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100

Stat. 628. Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see

section 702(a) of Pub. L. 99-335, set out as an Effective Date note

under section 8401 of Title 5, Government Organization and

Employees.]

[Amended Pub. L. 97-89, title VI, Sec. 601, Dec. 4, 1981, 95

Stat. 1154.]

[Added Pub. L. 96-450, title IV, Sec. 401(a)(1), Oct. 14, 1980,

94 Stat. 1977.]

"Sec. 10. (a) The Director of the National Security Agency shall

arrange for, and shall prescribe regulations concerning, language

and language-related training programs for military and civilian

cryptologic personnel. In establishing programs under this section

for language and language-related training, the Director -

"(1) may provide for the training and instruction to be

furnished, including functional and geographic area

specializations;

"(2) may arrange for training and instruction through other

Government agencies and, in any case in which appropriate

training or instruction is unavailable through Government

facilities, through nongovernmental facilities that furnish

training and instruction useful in the fields of language and

foreign affairs;

"(3) may support programs that furnish necessary language and

language-related skills, including, in any case in which

appropriate programs are unavailable at Government facilities,

support through contracts, grants, or cooperation with

nongovernmental educational institutions; and

"(4) may obtain by appointment or contract the services of

individuals to serve as language instructors, linguists, or

special language project personnel.

"(b)(1) In order to maintain necessary capability in foreign

language skills and related abilities needed by the National

Security Agency, the Director, without regard to subchapter IV of

chapter 55 of title 5, United States Code, may provide special

monetary or other incentives to encourage civilian cryptologic

personnel of the Agency to acquire or retain proficiency in foreign

languages or special related abilities needed by the Agency.

"(2) In order to provide linguistic training and support for

cryptologic personnel, the Director -

"(A) may pay all or part of the tuition and other expenses

related to the training of personnel who are assigned or detailed

for language and language-related training, orientation, or

instruction; and

"(B) may pay benefits and allowances to civilian personnel in

accordance with chapters 57 and 59 of title 5, United States

Code, and to military personnel in accordance with chapter 7 of

title 37, United States Code, and applicable provisions of title

10, United States Code, when such personnel are assigned to

training at sites away from their designated duty station.

"(c)(1) To the extent not inconsistent, in the opinion of the

Secretary of Defense, with the operation of military cryptologic

reserve units and in order to maintain necessary capability in

foreign language skills and related abilities needed by the

National Security Agency, the Director may establish a cryptologic

linguist reserve. The cryptologic linguist reserve may consist of

former or retired civilian or military cryptologic personnel of the

National Security Agency and of other qualified individuals, as

determined by the Director of the Agency. Each member of the

cryptologic linguist reserve shall agree that, during any period of

emergency (as determined by the Director), the member shall return

to active civilian status with the National Security Agency and

shall perform such linguistic or linguistic-related duties as the

Director may assign.

"(2) In order to attract individuals to become members of the

cryptologic linguist reserve, the Director, without regard to

subchapter IV of chapter 55 of title 5, United States Code, may

provide special monetary incentives to individuals eligible to

become members of the reserve who agree to become members of the

cryptologic linguist reserve and to acquire or retain proficiency

in foreign languages or special related abilities.

"(3) In order to provide training and support for members of the

cryptologic linguist reserve, the Director -

"(A) may pay all or part of the tuition and other expenses

related to the training of individuals in the cryptologic

linguist reserve who are assigned or detailed for language and

language-related training, orientation, or instruction; and

"(B) may pay benefits and allowances in accordance with

chapters 57 and 59 of title 5, United States Code, to individuals

in the cryptologic linguist reserve who are assigned to training

at sites away from their homes or regular places of business.

"(d)(1) The Director, before providing training under this

section to any individual, may obtain an agreement with that

individual that -

"(A) in the case of current employees, pertains to continuation

of service of the employee, and repayment of the expenses of such

training for failure to fulfill the agreement, consistent with

the provisions of section 4108 of title 5, United States Code;

and

"(B) in the case of individuals accepted for membership in the

cryptologic linguist reserve, pertains to return to service when

requested, and repayment of the expenses of such training for

failure to fulfill the agreement, consistent with the provisions

of section 4108 of title 5, United States Code.

"(2) The Director, under regulations prescribed under this

section, may waive, in whole or in part, a right of recovery under

an agreement made under this subsection if it is shown that the

recovery would be against equity and good conscience or against the

public interest.

"(e)(1) Subject to paragraph (2), the Director may provide to

family members of military and civilian cryptologic personnel

assigned to representational duties outside the United States, in

anticipation of the assignment of such personnel outside the United

States or while outside the United States, appropriate orientation

and language training that is directly related to the assignment

abroad.

"(2) Language training under paragraph (1) may not be provided to

any individual through payment of the expenses of tuition or other

cost of instruction at a non-Government educational institution

unless appropriate instruction is not available at a Government

facility.

"(f) The Director may waive the applicability of any provision of

chapter 41 of title 5, United States Code, to any provision of this

section if he finds that such waiver is important to the

performance of cryptologic functions.

"(g) The authority of the Director to enter into contracts or to

make grants under this section is effective for any fiscal year

only to the extent that appropriated funds are available for such

purpose.

"(h) Regulations issued pursuant to this section shall be

submitted to the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intelligence

of the Senate before such regulations take effect.

"(i) The Director of the National Security Agency, on behalf of

the Secretary of Defense, may, without regard to section

4109(a)(2)(B) of title 5, United States Code, pay travel,

transportation, storage, and subsistence expenses under chapter 57

of such title to civilian and military personnel of the Department

of Defense who are assigned to duty outside the United States for a

period of one year or longer which involves cryptologic training,

language training, or related disciplines. [Added Pub. L. 96-450,

title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978, and amended

Pub. L. 97-89, title VI, Sec. 602, Dec. 4, 1981, 95 Stat. 1154.]

"Sec. 11. (a)(1) The Director of the National Security Agency may

authorize agency personnel within the United States to perform the

same functions as special policemen of the General Services

Administration perform under the first section of the Act entitled

'An Act to authorize the Federal Works Administrator or officials

of the Federal Works Agency duly authorized by him to appoint

special policemen for duty upon Federal property under the

jurisdiction of the Federal Works Agency, and for other purposes'

([former] 40 U.S.C. 318) with the powers set forth in that section,

except that such personnel shall perform such functions and

exercise such powers -

"(A) at the National Security Agency Headquarters complex and

at any facilities and protected property which are solely under

the administration and control of, or are used exclusively by,

the National Security Agency; and

"(B) in the streets, sidewalks, and the open areas within the

zone beginning at the outside boundary of such facilities or

protected property and extending outward 500 feet.

"(2) The performance of functions and exercise of powers under

subparagraph (B) of paragraph (1) shall be limited to those

circumstances where such personnel can identify specific and

articulable facts giving such personnel reason to believe that the

performance of such functions and exercise of such powers is

reasonable to protect against physical damage or injury, or threats

of physical damage or injury, to agency installations, property, or

employees.

"(3) Nothing in this subsection shall be construed to preclude,

or limit in any way, the authority of any Federal, State, or local

law enforcement agency, or any other Federal police or Federal

protective service.

"(4) The rules and regulations enforced by such personnel shall

be the rules and regulations prescribed by the Director and shall

only be applicable to the areas referred to in subparagraph (A) of

paragraph (1).

"(5) Not later than July 1 each year through 2004, the Director

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 that describes in detail the

exercise of the authority granted by this subsection and the

underlying facts supporting the exercise of such authority, during

the preceding fiscal year. The Director shall make each such report

available to the Inspector General of the National Security Agency.

"(b) The Director of the National Security Agency is authorized

to establish penalties for violations of the rules or regulations

prescribed by the Director under subsection (a). Such penalties

shall not exceed those specified in the fourth section of the Act

referred to in subsection (a) ([former] 40 U.S.C. 318c).

"(c) Agency personnel designated by the Director of the National

Security Agency under subsection (a) shall be clearly identifiable

as United States Government security personnel while engaged in the

performance of the functions to which subsection (a) refers. [Added

Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat.

1978; amended Pub. L. 107-108, title V, Sec. 506, Dec. 28, 2001,

115 Stat. 1406; Pub. L. 107-306, title VIII, Sec. 841(f), Nov. 27,

2002, 116 Stat. 2432.]

"Sec. 12. (a)(1) The Secretary of Defense (or his designee) may

by regulation establish a personnel system for senior civilian

cryptologic personnel in the National Security Agency to be known

as the Senior Cryptologic Executive Service. The regulations

establishing the Senior Cryptologic Executive Service shall -

"(A) meet the requirements set forth in section 3131 of title

5, United States Code, for the Senior Executive Service;

"(B) provide that positions in the Senior Cryptologic Executive

Service meet requirements that are consistent with the provisions

of section 3132(a)(2) of such title;

"(C) provide, without regard to section 2, rates of pay for the

Senior Cryptologic Executive Service that are not in excess of

the maximum rate or less than the minimum rate of basic pay

established for the Senior Executive Service under section 5382

of such title, and that are adjusted at the same time and to the

same extent as rates of basic pay for the Senior Executive

Service are adjusted;

"(D) provide a performance appraisal system for the Senior

Cryptologic Executive Service that conforms to the provisions of

subchapter II of chapter 43 of such title;

"(E) provide for removal consistent with section 3592 of such

title, and removal or suspension consistent with subsections (a),

(b), and (c) of section 7543 of such title (except that any

hearing or appeal to which a member of the Senior Cryptologic

Executive Service is entitled shall be held or decided pursuant

to procedures established by regulations of the Secretary of

Defense or his designee);

"(F) permit the payment of performance awards to members of the

Senior Cryptologic Executive Service consistent with the

provisions applicable to performance awards under section 5384 of

such title;

"(G) provide that members of the Senior Cryptologic Executive

Service may be granted sabbatical leaves consistent with the

provisions of section 3396(c) of such title.[;] and

"(H) provide for the recertification of members of the Senior

Cryptologic Executive Service consistent with the provisions of

section 3393a of such title.

"(2) Except as otherwise provided in subsection (a), the

Secretary of Defense (or his designee) may -

"(A) make applicable to the Senior Cryptologic Executive

Service any of the provisions of title 5, United States Code,

applicable to applicants for or members of the Senior Executive

Service; and

"(B) appoint, promote, and assign individuals to positions

established within the Senior Cryptologic Executive Service

without regard to the provisions of title 5, United States Code,

governing appointments and other personnel actions in the

competitive service.

"(3) The President, based on the recommendations of the Secretary

of Defense, may award ranks to members of the Senior Cryptologic

Executive Service in a manner consistent with the provisions of

section 4507 of title 5, United States Code.

"(4) Notwithstanding any other provision of this section, the

Director of the National Security Agency may detail or assign any

member of the Senior Cryptologic Executive Service to serve in a

position outside the National Security Agency in which the member's

expertise and experience may be of benefit to the National Security

Agency or another Government agency. Any such member shall not by

reason of such detail or assignment lose any entitlement or status

associated with membership in the Senior Cryptologic Executive

Service.

[Amended Pub. L. 104-106, div. A, title X, Sec. 1064(b), Feb. 10,

1996, 110 Stat. 445.]

[Amended Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989,

103 Stat. 1759. Amendment by Pub. L. 101-194 effective Jan. 1,

1991, see section 506(d) of Pub. L. 101-194, set out as an

Effective Date of 1989 Amendment note under section 3151 of Title

5, Government Organization and Employees.]

"Sec. 13. (a) The Director of the National Security Agency may

make grants to private individuals and institutions for the conduct

of cryptologic research. An application for a grant under this

section may not be approved unless the Director determines that the

award of the grant would be clearly consistent with the national

security.

"(b) The grant program established by subsection (a) shall be

conducted in accordance with the Federal Grant and Cooperative

Agreement Act of 1977 (41 U.S.C. 501 et seq.) [31 U.S.C. 6301 et

seq.] to the extent that such Act is consistent with and in

accordance with section 6 of this Act.

"(c) The authority of the Director to make grants under this

section is effective for any fiscal year only to the extent that

appropriated funds are available for such purpose. [Added Pub. L.

97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.]

"Sec. 14. Funds appropriated to an entity of the Federal

Government other than an element of the Department of Defense that

have been specifically appropriated for the purchase of cryptologic

equipment, materials, or services with respect to which the

National Security Agency has been designated as the central source

of procurement for the Government shall remain available for a

period of three fiscal years. [Added Pub. L. 97-89, title VI, Sec.

603, Dec. 4, 1981, 95 Stat. 1156.]

"Sec. 15. (a) No person may, except with the written permission

of the Director of the National Security Agency, knowingly use the

words 'National Security Agency', the initials 'NSA', the seal of

the National Security Agency, or any colorable imitation of such

words, initials, or seal in connection with any merchandise,

impersonation, solicitation, or commercial activity in a manner

reasonably calculated to convey the impression that such use is

approved, endorsed, or authorized by the National Security Agency.

"(b) Whenever it appears to the Attorney General that any person

is engaged or is about to engage in an act or practice which

constitutes or will constitute conduct prohibited by subsection

(a), the Attorney General may initiate a civil proceeding in a

district court of the United States to enjoin such act or practice.

Such court shall proceed as soon as practicable to the hearing and

determination of such action and may, at any time before final

determination, enter such restraining orders or prohibitions, or

take such other action as is warranted, to prevent injury to the

United States or to any person or class of persons for whose

protection the action is brought. [Added Pub. L. 97-89, title VI,

Sec. 603, Dec. 4, 1981, 95 Stat. 1156.]

"Sec. 16. (a) The purpose of this section is to establish an

undergraduate training program, which may lead to the baccalaureate

degree, to facilitate the recruitment of individuals, particularly

minority high school students, with a demonstrated capability to

develop skills critical to the mission of the National Security

Agency, including mathematics, computer science, engineering, and

foreign languages.

"(b) The Secretary of Defense is authorized, in his discretion,

to assign civilian employees of the National Security Agency as

students at accredited professional, technical, and other

institutions of higher learning for training at the undergraduate

level in skills critical to effective performance of the mission of

the Agency.

"(c) The National Security Agency may pay, directly or by

reimbursement to employees, expenses incident to assignments under

subsection (b), in any fiscal year only to the extent that

appropriated funds are available for such purpose.

"(d)(1) To be eligible for assignment under subsection (b), an

employee of the Agency must agree in writing -

"(A) to continue in the service of the Agency for the period of

the assignment and to complete the educational course of training

for which the employee is assigned;

"(B) to continue in the service of the Agency following

completion of the assignment for a period of one-and-a-half years

for each year of the assignment or part thereof;

"(C) to reimburse the United States for the total cost of

education (excluding the employee's pay and allowances) provided

under this section to the employee if, prior to the employee's

completing the educational course of training for which the

employee is assigned, the assignment or the employee's employment

with the Agency is terminated either by the Agency due to

misconduct by the employee or by the employee voluntarily; and

"(D) to reimburse the United States if, after completing the

educational course of training for which the employee is

assigned, the employee's employment with the Agency is terminated

either by the Agency due to misconduct by the employee or by the

employee voluntarily, prior to the employee's completion of the

service obligation period described in subparagraph (B), in an

amount that bears the same ratio to the total cost of the

education (excluding the employee's pay and allowances) provided

to the employee as the unserved portion of the service obligation

period described in subparagraph (B) bears to the total period of

the service obligation described in subparagraph (B).

"(2) Subject to paragraph (3), the obligation to reimburse the

United States under an agreement described in paragraph (1),

including interest due on such obligation, is for all purposes a

debt owing the United States.

"(3)(A) A discharge in bankruptcy under title 11, United States

Code, shall not release a person from an obligation to reimburse

the United States required under an agreement described in

paragraph (1) if the final decree of the discharge in bankruptcy is

issued within five years after the last day of the combined period

of service obligation described in subparagraphs (A) and (B) of

paragraph (1).

"(B) The Secretary of Defense may release a person, in whole or

in part, from the obligation to reimburse the United States under

an agreement described in paragraph (1) when, in his discretion,

the Secretary determines that equity or the interests of the United

States so require.

"(C) The Secretary of Defense shall permit an employee assigned

under this section who, prior to commencing a second academic year

of such assignment, voluntarily terminates the assignment or the

employee's employment with the Agency, to satisfy his obligation

under an agreement described in paragraph (1) to reimburse the

United States by reimbursement according to a schedule of monthly

payments which results in completion of reimbursement by a date

five years after the date of termination of the assignment or

employment or earlier at the option of the employee.

"(e)(1) When an employee is assigned under this section to an

institution, the Agency shall disclose to the institution to which

the employee is assigned that the Agency employs the employee and

that the Agency funds the employee's education.

"(2) Agency efforts to recruit individuals at educational

institutions for participation in the undergraduate training

program established by this section shall be made openly and

according to the common practices of universities and employers

recruiting at such institutions.

"(f) Chapter 41 of title 5 and subsections (a) and (b) of section

3324 of title 31, United States Code, shall not apply with respect

to this section.

"(g) The Secretary of Defense may issue such regulations as may

be necessary to implement this section. [Added Pub. L. 99-569,

title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200.]

"[Sec. 17. Repealed. Pub. L. 103-359, title VIII, Sec. 806(b)(2),

Oct. 14, 1994, 108 Stat. 3442.]

"Sec. 18. (a) The Secretary of Defense may pay the expenses

referred to in section 5742(b) of title 5, United States Code, in

the case of any employee of the National Security Agency who dies

while on a rotational tour of duty within the United States or

while in transit to or from such tour of duty.

"(b) For the purposes of this section, the term 'rotational tour

of duty', with respect to an employee, means a permanent change of

station involving the transfer of the employee from the National

Security Agency headquarters to another post of duty for a fixed

period established by regulation to be followed at the end of such

period by a permanent change of station involving a transfer of the

employee back to such headquarters." [Added Pub. L. 102-183, title

IV, Sec. 405, Dec. 4, 1991, 105 Stat. 1267; amended Pub. L.

102-496, title III, Sec. 304(a), Oct. 24, 1992, 106 Stat. 3183.]

-EXEC-

EXECUTIVE ORDER NO. 10483

Ex. Ord. No. 10483, Sept. 2, 1953, 18 F.R. 5379, as amended by

Ex. Ord. No. 10598, Feb. 28, 1955, 20 F.R. 1237, which provided for

an Operations Coordinating Board, was superseded by Ex. Ord. No.

10700, Feb. 25, 1957, formerly set out below.

EXECUTIVE ORDER NO. 10700

Ex. Ord. No. 10700, Feb. 25, 1957, 22 F.R. 1111, as amended by

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,

Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. 10838, Sept. 16, 1959, 24

F.R. 7519, which provided for the Operations Coordinating Board,

was revoked by Ex. Ord. No. 10920, Feb. 18, 1961, 26 F.R. 1463.

EX. ORD. NO. 13228. ESTABLISHING THE OFFICE OF HOMELAND SECURITY

AND THE HOMELAND SECURITY COUNCIL

Ex. Ord. No. 13228, Oct. 8, 2001, 66 F.R. 51812, as amended by

Ex. Ord. No. 13284, Sec. 3, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord.

No. 13286, Sec. 8, Feb. 28, 2003, 68 F.R. 10622, 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

as follows:

Section 1. Establishment. I hereby establish within the Executive

Office of the President an Office of Homeland Security (the

"Office") to be headed by the Assistant to the President for

Homeland Security.

Sec. 2. Mission. The mission of the Office shall be to develop

and coordinate the implementation of a comprehensive national

strategy to secure the United States from terrorist threats or

attacks. The Office shall perform the functions necessary to carry

out this mission, including the functions specified in section 3 of

this order.

Sec. 3. Functions. The functions of the Office shall be to

coordinate the executive branch's efforts to detect, prepare for,

prevent, protect against, respond to, and recover from terrorist

attacks within the United States.

(a) National Strategy. The Office shall work with executive

departments and agencies, State and local governments, and private

entities to ensure the adequacy of the national strategy for

detecting, preparing for, preventing, protecting against,

responding to, and recovering from terrorist threats or attacks

within the United States and shall periodically review and

coordinate revisions to that strategy as necessary.

(b) Detection. The Office shall identify priorities and

coordinate efforts for collection and analysis of information

within the United States regarding threats of terrorism against the

United States and activities of terrorists or terrorist groups

within the United States. The Office also shall identify, in

coordination with the Assistant to the President for National

Security Affairs, priorities for collection of intelligence outside

the United States regarding threats of terrorism within the United

States.

(i) In performing these functions, the Office shall work with

Federal, State, and local agencies, as appropriate, to:

(A) facilitate collection from State and local governments

and private entities of information pertaining to terrorist

threats or activities within the United States;

(B) coordinate and prioritize the requirements for foreign

intelligence relating to terrorism within the United States of

executive departments and agencies responsible for homeland

security and provide these requirements and priorities to the

Director of Central Intelligence and other agencies responsible

for collection of foreign intelligence;

departments and agencies that have intelligence collection

responsibilities have sufficient technological capabilities and

resources to collect intelligence and data relating to

terrorist activities or possible terrorist acts within the

United States, working with the Assistant to the President for

National Security Affairs, as appropriate;

(D) coordinate development of monitoring protocols and

equipment for use in detecting the release of biological,

chemical, and radiological hazards; and

(E) ensure that, to the extent permitted by law, all

appropriate and necessary intelligence and law enforcement

information relating to homeland security is disseminated to

and exchanged among appropriate executive departments and

agencies responsible for homeland security and, where

appropriate for reasons of homeland security, promote exchange

of such information with and among State and local governments

and private entities.

(ii) Executive departments and agencies shall, to the extent

permitted by law, make available to the Office all information

relating to terrorist threats and activities within the United

States.

coordinate national efforts to prepare for and mitigate the

consequences of terrorist threats or attacks within the United

States. In performing this function, the Office shall work with

Federal, State, and local agencies, and private entities, as

appropriate, to:

(i) review and assess the adequacy of the portions of all

Federal emergency response plans that pertain to terrorist

threats or attacks within the United States;

(ii) coordinate domestic exercises and simulations designed to

assess and practice systems that would be called upon to respond

to a terrorist threat or attack within the United States and

coordinate programs and activities for training Federal, State,

and local employees who would be called upon to respond to such a

threat or attack;

(iii) coordinate national efforts to ensure public health

preparedness for a terrorist attack, including reviewing

vaccination policies and reviewing the adequacy of and, if

necessary, increasing vaccine and pharmaceutical stockpiles and

hospital capacity;

(iv) coordinate Federal assistance to State and local

authorities and nongovernmental organizations to prepare for and

respond to terrorist threats or attacks within the United States;

(v) ensure that national preparedness programs and activities

for terrorist threats or attacks are developed and are regularly

evaluated under appropriate standards and that resources are

allocated to improving and sustaining preparedness based on such

evaluations; and

(vi) ensure the readiness and coordinated deployment of Federal

response teams to respond to terrorist threats or attacks,

working with the Assistant to the President for National Security

Affairs, when appropriate.

(d) Prevention. The Office shall coordinate efforts to prevent

terrorist attacks within the United States. In performing this

function, the Office shall work with Federal, State, and local

agencies, and private entities, as appropriate, to:

(i) facilitate the exchange of information among such agencies

relating to immigration and visa matters and shipments of cargo;

and, working with the Assistant to the President for National

Security Affairs, ensure coordination among such agencies to

prevent the entry of terrorists and terrorist materials and

supplies into the United States and facilitate removal of such

terrorists from the United States, when appropriate;

(ii) coordinate efforts to investigate terrorist threats and

attacks within the United States; and

(iii) coordinate efforts to improve the security of United

States borders, territorial waters, and airspace in order to

prevent acts of terrorism within the United States, working with

the Assistant to the President for National Security Affairs,

when appropriate.

(e) Protection. The Office shall coordinate efforts to protect

the United States and its critical infrastructure from the

consequences of terrorist attacks. In performing this function, the

Office shall work with Federal, State, and local agencies, and

private entities, as appropriate, to:

(i) strengthen measures for protecting energy production,

transmission, and distribution services and critical facilities;

other utilities; telecommunications; facilities that produce,

use, store, or dispose of nuclear material; and other critical

infrastructure services and critical facilities within the United

States from terrorist attack;

(ii) coordinate efforts to protect critical public and

privately owned information systems within the United States from

terrorist attack;

(iii) develop criteria for reviewing whether appropriate

security measures are in place at major public and privately

owned facilities within the United States;

(iv) coordinate domestic efforts to ensure that special events

determined by appropriate senior officials to have national

significance are protected from terrorist attack;

(v) coordinate efforts to protect transportation systems within

the United States, including railways, highways, shipping, ports

and waterways, and airports and civilian aircraft, from terrorist

attack;

(vi) coordinate efforts to protect United States livestock,

agriculture, and systems for the provision of water and food for

human use and consumption from terrorist attack; and

(vii) coordinate efforts to prevent unauthorized access to,

development of, and unlawful importation into the United States

of, chemical, biological, radiological, nuclear, explosive, or

other related materials that have the potential to be used in

terrorist attacks.

(f) Response and Recovery. The Office shall coordinate efforts to

respond to and promote recovery from terrorist threats or attacks

within the United States. In performing this function, the Office

shall work with Federal, State, and local agencies, and private

entities, as appropriate, to:

(i) coordinate efforts to ensure rapid restoration of

transportation systems, energy production, transmission, and

distribution systems; telecommunications; other utilities; and

other critical infrastructure facilities after disruption by a

terrorist threat or attack;

(ii) coordinate efforts to ensure rapid restoration of public

and private critical information systems after disruption by a

terrorist threat or attack;

(iii) work with the National Economic Council to coordinate

efforts to stabilize United States financial markets after a

terrorist threat or attack and manage the immediate economic and

financial consequences of the incident;

(iv) coordinate Federal plans and programs to provide medical,

financial, and other assistance to victims of terrorist attacks

and their families; and

(v) coordinate containment and removal of biological, chemical,

radiological, explosive, or other hazardous materials in the

event of a terrorist threat or attack involving such hazards and

coordinate efforts to mitigate the effects of such an attack.

(g) Incident Management. Consistent with applicable law,

including the statutory functions of the Secretary of Homeland

Security, the Assistant to the President for Homeland Security

shall be the official primarily responsible for advising and

assisting the President in the coordination of domestic incident

management activities of all departments and agencies in the event

of a terrorist threat, and during and in the aftermath of terrorist

attacks, major disasters, or other emergencies, within the United

States. Generally, the Assistant to the President for Homeland

Security shall serve as the principal point of contact for and to

the President with respect to the coordination of such activities.

The Assistant to the President for Homeland Security shall

coordinate with the Assistant to the President for National

Security Affairs, as appropriate.

(h) Continuity of Government. The Assistant to the President for

Homeland Security, in coordination with the Assistant to the

President for National Security Affairs, shall review plans and

preparations for ensuring the continuity of the Federal Government

in the event of a terrorist attack that threatens the safety and

security of the United States Government or its leadership.

(i) Public Affairs. The Office, subject to the direction of the

White House Office of Communications, shall coordinate the strategy

of the executive branch for communicating with the public in the

event of a terrorist threat or attack within the United States. The

Office also shall coordinate the development of programs for

educating the public about the nature of terrorist threats and

appropriate precautions and responses.

(j) Cooperation with State and Local Governments and Private

Entities. The Office shall encourage and invite the participation

of State and local governments and private entities, as

appropriate, in carrying out the Office's functions.

(k) Review of Legal Authorities and Development of Legislative

Proposals. The Office shall coordinate a periodic review and

assessment of the legal authorities available to executive

departments and agencies to permit them to perform the functions

described in this order. When the Office determines that such legal

authorities are inadequate, the Office shall develop, in

consultation with executive departments and agencies, proposals for

presidential action and legislative proposals for submission to the

Office of Management and Budget to enhance the ability of executive

departments and agencies to perform those functions. The Office

shall work with State and local governments in assessing the

adequacy of their legal authorities to permit them to detect,

prepare for, prevent, protect against, and recover from terrorist

threats and attacks.

(l) Budget Review. The Assistant to the President for Homeland

Security, in consultation with the Director of the Office of

Management and Budget (the "Director") and the heads of executive

departments and agencies, shall identify programs that contribute

to the Administration's strategy for homeland security and, in the

development of the President's annual budget submission, shall

review and provide advice to the heads of departments and agencies

for such programs. The Assistant to the President for Homeland

Security shall provide advice to the Director on the level and use

of funding in departments and agencies for homeland

security-related activities and, prior to the Director's forwarding

of the proposed annual budget submission to the President for

transmittal to the Congress, shall certify to the Director the

funding levels that the Assistant to the President for Homeland

Security believes are necessary and appropriate for the homeland

security-related activities of the executive branch.

Sec. 4. Administration.

(a) The Office of Homeland Security shall be directed by the

Assistant to the President for Homeland Security.

(b) The Office of Administration within the Executive Office of

the President shall provide the Office of Homeland Security with

such personnel, funding, and administrative support, to the extent

permitted by law and subject to the availability of appropriations,

as directed by the Chief of Staff to carry out the provisions of

this order.

to the extent permitted by law, to detail or assign personnel of

such departments and agencies to the Office of Homeland Security

upon request of the Assistant to the President for Homeland

Security, subject to the approval of the Chief of Staff.

Sec. 5. Establishment of Homeland Security Council.

(a) I hereby establish a Homeland Security Council (the

"Council"), which shall be responsible for advising and assisting

the President with respect to all aspects of homeland security. The

Council shall serve as the mechanism for ensuring coordination of

homeland security-related activities of executive departments and

agencies and effective development and implementation of homeland

security policies.

(b) The Council shall have as its members the President, the Vice

President, the Secretary of the Treasury, the Secretary of Defense,

the Attorney General, the Secretary of Health and Human Services,

the Secretary of Transportation, the Secretary of Homeland

Security, the Director of the Federal Emergency Management Agency,

the Director of the Federal Bureau of Investigation, the Director

of Central Intelligence, the Assistant to the President for

Homeland Security, and such other officers of the executive branch

as the President may from time to time designate. The Chief of

Staff, the Chief of Staff to the Vice President, the Assistant to

the President for National Security Affairs, the Counsel to the

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

also are invited to attend any Council meeting. The Secretary of

State, the Secretary of Agriculture, the Secretary of the Interior,

the Secretary of Energy, the Secretary of Labor, the Secretary of

Commerce, the Secretary of Veterans Affairs, the Administrator of

the Environmental Protection Agency, the Assistant to the President

for Economic Policy, and the Assistant to the President for

Domestic Policy shall be invited to attend meetings pertaining to

their responsibilities. The heads of other executive departments

and agencies and other senior officials shall be invited to attend

Council meetings when appropriate.

President is absent from a meeting of the Council, at the

President's direction the Vice President may preside. The Assistant

to the President for Homeland Security shall be responsible, at the

President's direction, for determining the agenda, ensuring that

necessary papers are prepared, and recording Council actions and

Presidential decisions.

Sec. 6. Original Classification Authority. I hereby delegate the

authority to classify information originally as Top Secret, in

accordance with Executive Order 12958 [50 U.S.C. 435 note] or any

successor Executive Order, to the Assistant to the President for

Homeland Security.

Sec. 7. Continuing Authorities. This order does not alter the

existing authorities of United States Government departments and

agencies, including the Department of Homeland Security. All

executive departments and agencies are directed to assist the

Council and the Assistant to the President for Homeland Security in

carrying out the purposes of this order.

Sec. 8. General Provisions.

(a) This order does not create any right or benefit, substantive

or procedural, enforceable at law or equity by a party against the

United States, its departments, agencies or instrumentalities, its

officers or employees, or any other person.

(b) References in this order to State and local governments shall

be construed to include tribal governments and United States

territories and other possessions.

include United States territories and possessions.

Sec. 9. [Amended Ex. Ord. No. 12656, set out as a note under

section 5195 of this title.]

George W. Bush.

EX. ORD. NO. 13231. CRITICAL INFRASTRUCTURE PROTECTION IN THE

INFORMATION AGE

Ex. Ord. No. 13231, Oct. 16, 2001, 66 F.R. 53063, 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

ensure protection of information systems for critical

infrastructure, including emergency preparedness communications,

and the physical assets that support such systems, in the

information age, it is hereby ordered as follows:

Section 1. Policy.

(a) The information technology revolution has changed the way

business is transacted, government operates, and national defense

is conducted. Those three functions now depend on an interdependent

network of critical information infrastructures. The protection

program authorized by this order shall consist of continuous

efforts to secure information systems for critical infrastructure,

including emergency preparedness communications, and the physical

assets that support such systems. Protection of these systems is

essential to the telecommunications, energy, financial services,

manufacturing, water, transportation, health care, and emergency

services sectors.

(b) It is the policy of the United States to protect against

disruption of the operation of information systems for critical

infrastructure and thereby help to protect the people, economy,

essential human and government services, and national security of

the United States, and to ensure that any disruptions that occur

are infrequent, of minimal duration, and manageable, and cause the

least damage possible. The implementation of this policy shall

include a voluntary public-private partnership, involving corporate

and nongovernmental organizations.

Sec. 2. Scope. To achieve this policy, there shall be a senior

executive branch board to coordinate and have cognizance of Federal

efforts and programs that relate to protection of information

systems and involve:

(a) cooperation with and protection of private sector critical

infrastructure, State and local governments' critical

infrastructure, and supporting programs in corporate and academic

organizations;

(b) protection of Federal departments' and agencies' critical

infrastructure; and

Sec. 3. Establishment. I hereby establish the "President's

Critical Infrastructure Protection Board" (the "Board").

Sec. 4. Continuing Authorities. This order does not alter the

existing authorities or roles of United States Government

departments and agencies. Authorities set forth in 44 U.S.C.

Chapter 35, and other applicable law, provide senior officials with

responsibility for the security of Federal Government information

systems.

(a) Executive Branch Information Systems Security. The Director

of the Office of Management and Budget (OMB) has the responsibility

to develop and oversee the implementation of government-wide

policies, principles, standards, and guidelines for the security of

information systems that support the executive branch departments

and agencies, except those noted in section 4(b) of this order. The

Director of OMB shall advise the President and the appropriate

department or agency head when there is a critical deficiency in

the security practices within the purview of this section in an

executive branch department or agency. The Board shall assist and

support the Director of OMB in this function and shall be

reasonably cognizant of programs related to security of department

and agency information systems.

(b) National Security Information Systems. The Secretary of

Defense and the Director of Central Intelligence (DCI) shall have

responsibility to oversee, develop, and ensure implementation of

policies, principles, standards, and guidelines for the security of

information systems that support the operations under their

respective control. In consultation with the Assistant to the

President for National Security Affairs and the affected

departments and agencies, the Secretary of Defense and the DCI

shall develop policies, principles, standards, and guidelines for

the security of national security information systems that support

the operations of other executive branch departments and agencies

with national security information.

(i) Policies, principles, standards, and guidelines developed

under this subsection may require more stringent protection than

those developed in accordance with subsection 4(a) of this order.

(ii) The Assistant to the President for National Security

Affairs shall advise the President and the appropriate department

or agency head when there is a critical deficiency in the

security practices of a department or agency within the purview

of this section. The Board, or one of its standing or ad hoc

committees, shall be reasonably cognizant of programs to provide

security and continuity to national security information systems.

Departments and Agencies. The heads of executive branch departments

and agencies are responsible and accountable for providing and

maintaining adequate levels of security for information systems,

including emergency preparedness communications systems, for

programs under their control. Heads of such departments and

agencies shall ensure the development and, within available

appropriations, funding of programs that adequately address these

mission areas. Cost-effective security shall be built into and made

an integral part of government information systems, especially

those critical systems that support the national security and other

essential government programs. Additionally, security should

enable, and not unnecessarily impede, department and agency

business operations.

Sec. 5. Board Responsibilities. Consistent with the

responsibilities noted in section 4 of this order, the Board shall

recommend policies and coordinate programs for protecting

information systems for critical infrastructure, including

emergency preparedness communications, and the physical assets that

support such systems. Among its activities to implement these

responsibilities, the Board shall:

(a) Outreach to the Private Sector and State and Local

Governments. In consultation with affected executive branch

departments and agencies, coordinate outreach to and consultation

with the private sector, including corporations that own, operate,

develop, and equip information, telecommunications, transportation,

energy, water, health care, and financial services, on protection

of information systems for critical infrastructure, including

emergency preparedness communications, and the physical assets that

support such systems; and coordinate outreach to State and local

governments, as well as communities and representatives from

academia and other relevant elements of society.

(i) When requested to do so, assist in the development of

voluntary standards and best practices in a manner consistent

with 15 U.S.C. Chapter 7;

(ii) Consult with potentially affected communities, including

the legal, auditing, financial, and insurance communities, to the

extent permitted by law, to determine areas of mutual concern;

and

(iii) Coordinate the activities of senior liaison officers

appointed by the Attorney General, the Secretaries of Energy,

Commerce, Transportation, the Treasury, and Health and Human

Services, and the Director of the Federal Emergency Management

Agency for outreach on critical infrastructure protection issues

with private sector organizations within the areas of concern to

these departments and agencies. In these and other related

functions, the Board shall work in coordination with the Critical

Infrastructure Assurance Office (CIAO) and the National Institute

of Standards and Technology of the Department of Commerce, the

National Infrastructure Protection Center (NIPC), and the

National Communications System (NCS).

(b) Information Sharing. Work with industry, State and local

governments, and nongovernmental organizations to ensure that

systems are created and well managed to share threat warning,

analysis, and recovery information among government network

operation centers, information sharing and analysis centers

established on a voluntary basis by industry, and other related

operations centers. In this and other related functions, the Board

shall work in coordination with the NCS, the Federal Computer

Incident Response Center, the NIPC, and other departments and

agencies, as appropriate.

programs and policies for responding to information systems

security incidents that threaten information systems for critical

infrastructure, including emergency preparedness communications,

and the physical assets that support such systems. In this

function, the Department of Justice, through the NIPC and the

Manager of the NCS and other departments and agencies, as

appropriate, shall work in coordination with the Board.

(d) Recruitment, Retention, and Training Executive Branch

Security Professionals. In consultation with executive branch

departments and agencies, coordinate programs to ensure that

government employees with responsibilities for protecting

information systems for critical infrastructure, including

emergency preparedness communications, and the physical assets that

support such systems, are adequately trained and evaluated. In this

function, the Office of Personnel Management shall work in

coordination with the Board, as appropriate.

(e) Research and Development. Coordinate with the Director of the

Office of Science and Technology Policy (OSTP) on a program of

Federal Government research and development for protection of

information systems for critical infrastructure, including

emergency preparedness communications, and the physical assets that

support such systems, and ensure coordination of government

activities in this field with corporations, universities, Federally

funded research centers, and national laboratories. In this

function, the Board shall work in coordination with the National

Science Foundation, the Defense Advanced Research Projects Agency,

and with other departments and agencies, as appropriate.

(f) Law Enforcement Coordination with National Security

Components. Promote programs against cyber crime and assist Federal

law enforcement agencies in gaining necessary cooperation from

executive branch departments and agencies. Support Federal law

enforcement agencies' investigation of illegal activities involving

information systems for critical infrastructure, including

emergency preparedness communications, and the physical assets that

support such systems, and support coordination by these agencies

with other departments and agencies with responsibilities to defend

the Nation's security. In this function, the Board shall work in

coordination with the Department of Justice, through the NIPC, and

the Department of the Treasury, through the Secret Service, and

with other departments and agencies, as appropriate.

(g) International Information Infrastructure Protection. Support

the Department of State's coordination of United States Government

programs for international cooperation covering international

information infrastructure protection issues.

(h) Legislation. In accordance with OMB circular A-19, advise

departments and agencies, the Director of OMB, and the Assistant to

the President for Legislative Affairs on legislation relating to

protection of information systems for critical infrastructure,

including emergency preparedness communications, and the physical

assets that support such systems.

(i) Coordination with Office of Homeland Security. Carry out

those functions relating to protection of and recovery from attacks

against information systems for critical infrastructure, including

emergency preparedness communications, that were assigned to the

Office of Homeland Security by Executive Order 13228 of October 8,

2001 [set out above]. The Assistant to the President for Homeland

Security, in coordination with the Assistant to the President for

National Security Affairs, shall be responsible for defining the

responsibilities of the Board in coordinating efforts to protect

physical assets that support information systems.

Sec. 6. Membership. (a) Members of the Board shall be drawn from

the executive branch departments, agencies, and offices listed

below; in addition, concerned Federal departments and agencies may

participate in the activities of appropriate committees of the

Board. The Board shall be led by a Chair and Vice Chair, designated

by the President. Its other members shall be the following senior

officials or their designees:

(i) Secretary of State;

(ii) Secretary of the Treasury;

(iii) Secretary of Defense;

(iv) Attorney General;

(v) Secretary of Commerce;

(vi) Secretary of Health and Human Services;

(vii) Secretary of Transportation;

(viii) Secretary of Energy;

(ix) Director of Central Intelligence;

(x) Chairman of the Joint Chiefs of Staff;

(xi) Director of the Federal Emergency Management Agency;

(xii) Administrator of General Services;

(xiii) Director of the Office of Management and Budget;

(xiv) Director of the Office of Science and Technology Policy;

(xv) Chief of Staff to the Vice President;

(xvi) Director of the National Economic Council;

(xvii) Assistant to the President for National Security

Affairs;

(xviii) Assistant to the President for Homeland Security;

(xix) Chief of Staff to the President; and

(xx) Such other executive branch officials as the President may

designate.

Members of the Board and their designees shall be full-time or

permanent part-time officers or employees of the Federal

Government.

(b) In addition, the following officials shall serve as members

of the Board and shall form the Board's Coordination Committee:

(i) Director, Critical Infrastructure Assurance Office,

Department of Commerce;

(ii) Manager, National Communications System;

(iii) Vice Chair, Chief Information Officers' (CIO) Council;

(iv) Information Assurance Director, National Security Agency;

(v) Deputy Director of Central Intelligence for Community

Management; and

(vi) Director, National Infrastructure Protection Center,

Federal Bureau of Investigation, Department of Justice.

appoint a representative to the Board.

Sec. 7. Chair. (a) The Chair also shall be the Special Advisor to

the President for Cyberspace Security. Executive branch departments

and agencies shall make all reasonable efforts to keep the Chair

fully informed in a timely manner, and to the greatest extent

permitted by law, of all programs and issues within the purview of

the Board. The Chair, in consultation with the Board, shall call

and preside at meetings of the Board and set the agenda for the

Board. The Chair, in consultation with the Board, may propose

policies and programs to appropriate officials to ensure the

protection of the Nation's information systems for critical

infrastructure, including emergency preparedness communications,

and the physical assets that support such systems. To ensure full

coordination between the responsibilities of the National Security

Council (NSC) and the Office of Homeland Security, the Chair shall

report to both the Assistant to the President for National Security

Affairs and to the Assistant to the President for Homeland

Security. The Chair shall coordinate with the Assistant to the

President for Economic Policy on issues relating to private sector

systems and economic effects and with the Director of OMB on issues

relating to budgets and the security of computer networks addressed

in subsection 4(a) of this order.

(b) The Chair shall be assisted by an appropriately sized staff

within the White House Office. In addition, heads of executive

branch departments and agencies are authorized, to the extent

permitted by law, to detail or assign personnel of such departments

and agencies to the Board's staff upon request of the Chair,

subject to the approval of the Chief of Staff to the President.

Members of the Board's staff with responsibilities relating to

national security information systems, communications, and

information warfare may, with respect to those responsibilities,

also work at the direction of the Assistant to the President for

National Security Affairs.

Sec. 8. Standing Committees. (a) The Board may establish standing

and ad hoc committees as appropriate. Representation on standing

committees shall not be limited to those departments and agencies

on the Board, but may include representatives of other concerned

executive branch departments and agencies.

(b) Chairs of standing and ad hoc committees shall report fully

and regularly on the activities of the committees to the Board,

which shall ensure that the committees are well coordinated with

each other.

(i) Private Sector and State and Local Government Outreach,

chaired by the designee of the Secretary of Commerce, to work in

coordination with the designee of the Chairman of the National

Economic Council.

(ii) Executive Branch Information Systems Security, chaired by

the designee of the Director of OMB. The committee shall assist

OMB in fulfilling its responsibilities under 44 U.S.C. Chapter 35

and other applicable law.

(iii) National Security Systems. The National Security

Telecommunications and Information Systems Security Committee, as

established by and consistent with NSD-42 and chaired by the

Department of Defense, shall serve as a Board standing committee,

and be redesignated the Committee on National Security Systems.

(iv) Incident Response Coordination, co-chaired by the

designees of the Attorney General and the Secretary of Defense.

(v) Research and Development, chaired by a designee of the

Director of OSTP.

(vi) National Security and Emergency Preparedness

Communications. The NCS Committee of Principals is renamed the

Board's Committee for National Security and Emergency

Preparedness Communications. The reporting functions established

above for standing committees are in addition to the functions

set forth in Executive Order 12472 of April 3, 1984 [42 U.S.C.

5195 note], and do not alter any function or role set forth

therein.

(vii) Physical Security, co-chaired by the designees of the

Secretary of Defense and the Attorney General, to coordinate

programs to ensure the physical security of information systems

for critical infrastructure, including emergency preparedness

communications, and the physical assets that support such

systems. The standing committee shall coordinate its work with

the Office of Homeland Security and shall work closely with the

Physical Security Working Group of the Records Access and

Information Security Policy Coordinating Committee to ensure

coordination of efforts.

(viii) Infrastructure Interdependencies, co-chaired by the

designees of the Secretaries of Transportation and Energy, to

coordinate programs to assess the unique risks, threats, and

vulnerabilities associated with the interdependency of

information systems for critical infrastructures, including the

development of effective models, simulations, and other analytic

tools and cost-effective technologies in this area.

(ix) International Affairs, chaired by a designee of the

Secretary of State, to support Department of State coordination

of United States Government programs for international

cooperation covering international information infrastructure

issues.

(x) Financial and Banking Information Infrastructure, chaired

by a designee of the Secretary of the Treasury and including

representatives of the banking and financial institution

regulatory agencies.

(xi) Other Committees. Such other standing committees as may be

established by the Board.

(d) Subcommittees. The chair of each standing committee may form

necessary subcommittees with organizational representation as

determined by the Chair.

(e) Streamlining. The Board shall develop procedures that specify

the manner in which it or a subordinate committee will perform the

responsibilities previously assigned to the Policy Coordinating

Committee. The Board, in coordination with the Director of OSTP,

shall review the functions of the Joint Telecommunications

Resources Board, established under Executive Order 12472 [42 U.S.C.

5195 note], and make recommendations about its future role.

Sec. 9. Planning and Budget. (a) The Board, on a periodic basis,

shall propose a National Plan or plans for subjects within its

purview. The Board, in coordination with the Office of Homeland

Security, also shall make recommendations to OMB on those portions

of executive branch department and agency budgets that fall within

the Board's purview, after review of relevant program requirements

and resources.

(b) The Office of Administration within the Executive Office of

the President shall provide the Board with such personnel, funding,

and administrative support, to the extent permitted by law and

subject to the availability of appropriations, as directed by the

Chief of Staff to carry out the provisions of this order. Only

those funds that are available for the Office of Homeland Security,

established by Executive Order 13228 [set out above], shall be

available for such purposes. To the extent permitted by law and as

appropriate, agencies represented on the Board also may provide

administrative support for the Board. The National Security Agency

shall ensure that the Board's information and communications

systems are appropriately secured.

Foundation, Department of Energy, Department of Transportation,

Environmental Protection Agency, Department of Commerce, Department

of Defense, and the Intelligence Community, as that term is defined

in Executive Order 12333 of December 4, 1981 [50 U.S.C. 401 note],

to include in their budget requests to OMB funding for

demonstration projects and research to support the Board's

activities.

Sec. 10. Presidential Advisory Panels. The Chair shall work

closely with panels of senior experts from outside of the

government that advise the President, in particular: the

President's National Security Telecommunications Advisory Committee

(NSTAC) created by Executive Order 12382 of September 13, 1982, as

amended, and the National Infrastructure Advisory Council (NIAC or

Council) created by this Executive Order. The Chair and Vice Chair

of these two panels also may meet with the Board, as appropriate

and to the extent permitted by law, to provide a private sector

perspective.

(a) NSTAC. The NSTAC provides the President advice on the

security and continuity of communications systems essential for

national security and emergency preparedness.

(b) NIAC. There is hereby established the National Infrastructure

Advisory Council, which shall provide the President advice on the

security of information systems for critical infrastructure

supporting other sectors of the economy: banking and finance,

transportation, energy, manufacturing, and emergency government

services. The NIAC shall be composed of not more than 30 members

appointed by the President. The members of the NIAC shall be

selected from the private sector, academia, and State and local

government. Members of the NIAC shall have expertise relevant to

the functions of the NIAC and generally shall be selected from

industry Chief Executive Officers (and equivalently ranked leaders

in other organizations) with responsibilities for the security of

information infrastructure supporting the critical sectors of the

economy, including banking and finance, transportation, energy,

communications, and emergency government services. Members shall

not be full-time officials or employees of the executive branch of

the Federal Government.

(i) The President shall designate a Chair and Vice Chair from

among the members of the NIAC.

(ii) The Chair of the Board established by this order will

serve as the Executive Director of the NIAC.

(i) enhance the partnership of the public and private sectors

in protecting information systems for critical infrastructures

and provide reports on this issue to the President, as

appropriate;

(ii) propose and develop ways to encourage private industry to

perform periodic risk assessments of critical information and

telecommunications systems;

(iii) monitor the development of private sector Information

Sharing and Analysis Centers (ISACs) and provide recommendations

to the Board on how these organizations can best foster improved

cooperation among the ISACs, the NIPC, and other Federal

Government entities;

(iv) report to the President through the Board, which shall

ensure appropriate coordination with the Assistant to the

President for Economic Policy under the terms of this order; and

(v) advise lead agencies with critical infrastructure

responsibilities, sector coordinators, the NIPC, the ISACs, and

the Board.

(d) Administration of the NIAC.

(i) The NIAC may hold hearings, conduct inquiries, and

establish subcommittees, as appropriate.

(ii) Upon the request of the Chair, and to the extent permitted

by law, the heads of the executive branch departments and

agencies shall provide the Council with information and advice

relating to its functions.

(iii) Senior Federal Government officials may participate in

the meetings of the NIAC, as appropriate.

(iv) Members shall serve without compensation for their work on

the Council. However, members may be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by law

for persons serving intermittently in Federal Government service

(5 U.S.C. 5701-5707).

(v) To the extent permitted by law, and subject to the

availability of appropriations, the Department of Commerce,

through the CIAO, shall provide the NIAC with administrative

services, staff, and other support services and such funds as may

be necessary for the performance of the NIAC's functions.

(e) General Provisions.

(i) Insofar as the Federal Advisory Committee Act, as amended

(5 U.S.C. App.), may apply to the NIAC, the functions of the

President under that Act, except that of reporting to the

Congress, shall be performed by the Department of Commerce in

accordance with the guidelines and procedures established by the

Administrator of General Services.

(ii) The Council shall terminate 2 years from the date of this

order, unless extended by the President prior to that date.

(iii) Executive Order 13130 of July 14, 1999, is hereby

revoked.

Sec. 11. National Communications System. Changes in technology

are causing the convergence of much of telephony, data relay, and

internet communications networks into an interconnected network of

networks. The NCS and its National Coordinating Center shall

support use of telephony, converged information, voice networks,

and next generation networks for emergency preparedness and

national security communications functions assigned to them in

Executive Order 12472 [42 U.S.C. 5195 note]. All authorities and

assignments of responsibilities to departments and agencies in that

order, including the role of the Manager of NCS, remain unchanged

except as explicitly modified by this order.

Sec. 12. Counter-intelligence. The Board shall coordinate its

activities with those of the Office of the Counter-intelligence

Executive to address the threat to programs within the Board's

purview from hostile foreign intelligence services.

Sec. 13. Classification Authority. I hereby delegate to the Chair

the authority to classify information originally as Top Secret, in

accordance with Executive Order 12958 of April 17, 1995, as amended

[50 U.S.C. 435 note], or any successor Executive Order.

Sec. 14. General Provisions. (a) Nothing in this order shall

supersede any requirement made by or under law.

(b) This order does not create any right or benefit, substantive

or procedural, enforceable at law or equity, against the United

States, its departments, agencies or other entities, its officers

or employees, or any other person.

George W. Bush.

EX. ORD. NO. 13260. ESTABLISHING THE PRESIDENT'S HOMELAND SECURITY

ADVISORY COUNCIL AND SENIOR ADVISORY COMMITTEES FOR HOMELAND

SECURITY

Ex. Ord. No. 13260, Mar. 19, 2002, 67 F.R. 13241, as amended by

Ex. Ord. No. 13286, Sec. 4, Feb. 28, 2003, 68 F.R. 10619, 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

as follows:

Section 1. President's Homeland Security Advisory Council.

(a) Establishment and Membership. I hereby establish the

President's Homeland Security Advisory Council (PHSAC). The PHSAC

shall be composed of not more than 21 members appointed by the

President. In addition, the Chair and the Vice Chair of the

National Infrastructure Advisory Council; the Chairman of the

President's National Security Telecommunications Advisory

Committee; and the Chair of the Panel on the Science and Technology

of Combating Terrorism, President's Council of Advisors on Science

and Technology, shall serve as ex officio members of the PHSAC. The

appointed members of the PHSAC shall be selected from the private

sector, academia, professional service associations, federally

funded research and development centers, nongovernmental

organizations, State and local governments, and other appropriate

professions and communities.

(b) Chair and Vice Chair. The President shall designate a Chair

and Vice Chair from among the appointed members of the PHSAC.

The following four Senior Advisory Committees for Homeland Security

(SACs) are hereby established to advise the PHSAC: (1) State and

Local Officials; (2) Academia and Policy Research; (3) Private

Sector; and (4) Emergency Services, Law Enforcement, and Public

Health and Hospitals. Each SAC shall generally be composed of not

more than 17 members selected by the Secretary of Homeland Security

(Secretary). The President may establish additional SACs as

appropriate, consistent with this order.

(ii) Chairs and Vice Chairs. The Assistant [Secretary] shall from

time to time designate a Chair and Vice Chair for each of the SACs

from among the PHSAC's members.

(iii) Subcommittees. The Chair of each SAC, in consultation with

the PHSAC, may as appropriate establish subcommittees to advise the

SAC.

Sec. 2. Functions. The PHSAC shall meet periodically at the

Assistant's [Secretary's] request to:

(a) provide advice to the President through the Secretary on

developing and coordinating the implementation of a comprehensive

national strategy to secure the United States from terrorist

threats or attacks;

(b) recommend to the President through the Secretary ways to

improve coordination, cooperation, and communication among Federal,

State, and local officials and private and other entities, and

provide a means to collect scholarly research, technological

advice, and information concerning processes and organizational

management practices both inside and outside of the Federal

Government;

regarding the feasibility of implementing specific measures to

detect, prepare for, prevent, protect against, respond to, and

recover from terrorist threats or attacks within the United States;

(d) examine, and advise the President through the Secretary on,

the effectiveness of the implementation of specific strategies to

detect, prepare for, prevent, protect against, respond to, and

recover from terrorist threats or attacks within the United States;

and

(e) report periodically, as appropriate, to the President through

the Secretary on matters within the scope of the PHSAC's functions

as described in paragraphs (a) through (d) of this section.

Sec. 3. Administration. (a) Upon the request of the Chair of the

PHSAC, through the Secretary, and to the extent permitted by law,

the heads of executive departments and agencies shall provide the

PHSAC with such information relating to homeland security matters

as the PHSAC may need for the purpose of carrying out its

functions.

(b) The PHSAC shall have an Executive Director selected by the

Secretary.

the PHSAC, the SACs, and any subcommittees thereof. However,

members shall be allowed travel expenses, including per diem in

lieu of subsistence, as authorized by law for persons serving

intermittently in Federal Government service (5 U.S.C. 5701-5707).

(d) To the extent permitted by law, and subject to the

availability of appropriations, the Department of Homeland Security

shall provide the PHSAC with administrative support and with such

funds as may be necessary for the performance of the PHSAC's

functions.

Sec. 4. General Provisions. (a) Insofar as the Federal Advisory

Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the

administration of any portion of this order, any functions of the

President under that Act, except that of reporting to the Congress,

shall be performed by the Secretary of Homeland Security in

accordance with the guidelines that have been issued by the

Administrator of General Services.

(b) The PHSAC, any SACs, and any SAC subcommittees shall

terminate 2 years from the date of this order unless extended by

the President.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 6402.

-FOOTNOTE-

(!1) So in original. Another subsec. (i) is set out after subsec.

(j).

(!2) So in original. Probably should be "(k)".

-End-

-CITE-

50 USC Sec. 402a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 402a. Coordination of counterintelligence activities

-STATUTE-

(a) Establishment of Counterintelligence Policy Board

There is established within the executive branch of Government a

National Counterintelligence Policy Board (in this section referred

to as the "Board"). The Board shall report to the President through

the National Security Council.

(b) Chairperson

The National Counterintelligence Executive under section 902 of

the Counterintelligence Enhancement Act of 2002 [50 U.S.C. 402b]

shall serve as the chairperson of the Board.

The membership of the National Counterintelligence Policy Board

shall consist of the following:

(1) The National Counterintelligence Executive.

(2) Senior personnel of departments and elements of the United

States Government, appointed by the head of the department or

element concerned, as follows:

(A) The Department of Justice, including the Federal Bureau

of Investigation.

(B) The Department of Defense, including the Joint Chiefs of

Staff.

(D) The Department of Energy.

(E) The Central Intelligence Agency.

(F) Any other department, agency, or element of the United

States Government specified by the President.

(d) Functions and discharge of functions

(1) The Board shall -

(A) serve as the principal mechanism for -

(i) developing policies and procedures for the approval of

the President to govern the conduct of counterintelligence

activities; and

(ii) upon the direction of the President, resolving conflicts

that arise between elements of the Government conducting such

activities; and

(B) act as an interagency working group to -

(i) ensure the discussion and review of matters relating to

the implementation of the Counterintelligence Enhancement Act

of 2002; and

(ii) provide advice to the National Counterintelligence

Executive on priorities in the implementation of the National

Counterintelligence Strategy produced by the Office of the

National Counterintelligence Executive under section 904(e)(2)

of that Act [50 U.S.C. 402c(e)(2)].

(2) The Board may, for purposes of carrying out its functions

under this section, establish such interagency boards and working

groups as the Board considers appropriate.

(e) Coordination of counterintelligence matters with Federal Bureau

of Investigation

(1) Except as provided in paragraph (5), the head of each

department or agency within the executive branch shall ensure that

(A) the Federal Bureau of Investigation is advised immediately

of any information, regardless of its origin, which indicates

that classified information is being, or may have been, disclosed

in an unauthorized manner to a foreign power or an agent of a

foreign power;

(B) following a report made pursuant to subparagraph (A), the

Federal Bureau of Investigation is consulted with respect to all

subsequent actions which may be undertaken by the department or

agency concerned to determine the source of such loss or

compromise; and

or agency concerned, the Federal Bureau of Investigation

undertakes investigative activities to determine the source of

the loss or compromise, the Federal Bureau of Investigation is

given complete and timely access to the employees and records of

the department or agency concerned for purposes of such

investigative activities.

(2) Except as provided in paragraph (5), the Director of the

Federal Bureau of Investigation shall ensure that espionage

information obtained by the Federal Bureau of Investigation

pertaining to the personnel, operations, or information of

departments or agencies of the executive branch, is provided

through appropriate channels in a timely manner to the department

or agency concerned, and that such departments or agencies are

consulted in a timely manner with respect to espionage

investigations undertaken by the Federal Bureau of Investigation

which involve the personnel, operations, or information of such

department or agency.

(3)(A) The Director of the Federal Bureau of Investigation shall

submit to the head of the department or agency concerned a written

assessment of the potential impact of the actions of the department

or agency on a counterintelligence investigation.

(B) The head of the department or agency concerned shall -

(i) use an assessment under subparagraph (A) as an aid in

determining whether, and under what circumstances, the subject of

an investigation under paragraph (1) should be left in place for

investigative purposes; and

(ii) notify in writing the Director of the Federal Bureau of

Investigation of such determination.

head of the department or agency concerned shall continue to

consult, as appropriate, to review the status of an investigation

covered by this paragraph, and to reassess, as appropriate, a

determination of the head of the department or agency concerned to

leave a subject in place for investigative purposes.

(4)(A) The Federal Bureau of Investigation shall notify

appropriate officials within the executive branch, including the

head of the department or agency concerned, of the commencement of

a full field espionage investigation with respect to an employee

within the executive branch.

(B) A department or agency may not conduct a polygraph

examination, interrogate, or otherwise take any action that is

likely to alert an employee covered by a notice under subparagraph

(A) of an investigation described in that subparagraph without

prior coordination and consultation with the Federal Bureau of

Investigation.

(5) Where essential to meet extraordinary circumstances affecting

vital national security interests of the United States, the

President may on a case-by-case basis waive the requirements of

paragraph (1), (2), or (3), as they apply to the head of a

particular department or agency, or the Director of the Federal

Bureau of Investigation. Such waiver shall be in writing and shall

fully state the justification for such waiver. Within thirty days,

the President shall notify the Select Committee on Intelligence of

the Senate and the Permanent Select Committee on Intelligence of

the House of Representatives that such waiver has been issued, and

at that time or as soon as national security considerations permit,

provide these committees with a complete explanation of the

circumstances which necessitated such waiver.

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

of this title, the Director of the Federal Bureau of Investigation

shall submit to the congressional intelligence committees (as

defined in section 401a of this title) a report with respect to

compliance with paragraphs (1) and (2) during the previous calendar

year.

(B) Not later than February 1 each year, the Director shall, in

accordance with applicable security procedures, submit to the

Committees on the Judiciary of the Senate and House of

Representatives a report with respect to compliance with paragraphs

(1) and (2) during the previous calendar year.

submit each report under this paragraph in consultation with the

Director of Central Intelligence and the Secretary of Defense.

(7) Nothing in this section may be construed to alter the

existing jurisdictional arrangements between the Federal Bureau of

Investigation and the Department of Defense with respect to

investigations of persons subject to the Uniform Code of Military

Justice, nor to impose additional reporting requirements upon the

Department of Defense with respect to such investigations beyond

those required by existing law and executive branch policy.

(8) As used in this section, 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.

-SOURCE-

(Pub. L. 103-359, title VIII, Sec. 811, Oct. 14, 1994, 108 Stat.

3455; Pub. L. 106-120, title VI, Sec. 602, Dec. 3, 1999, 113 Stat.

1620; Pub. L. 106-567, title VI, Sec. 605, Dec. 27, 2000, 114 Stat.

2853; Pub. L. 107-306, title VIII, Sec. 811(b)(5)(B), title IX,

Sec. 903, Nov. 27, 2002, 116 Stat. 2424, 2433.)

-REFTEXT-

REFERENCES IN TEXT

The Counterintelligence Enhancement Act of 2002, referred to in

subsec. (d)(1)(B)(i), is title IX of Pub. L. 107-306, Nov. 27,

2002, 116 Stat. 2432, which enacted sections 402b and 402c of this

title, amended this section, and enacted provisions set out as a

note under section 402b of this title. For complete classification

of this Act to the Code, see Short Title of 2002 Amendment note set

out under section 401 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Counterintelligence and

Security Enhancements Act of 1994 and also as part of the

Intelligence Authorization Act for Fiscal Year 1995, and not as

part of the National Security Act of 1947 which comprises this

chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-306, Sec. 903(a)(1), (3), added

subsec. (b) and struck out heading and text of former subsec. (b).

Text read as follows: "The Board shall serve as the principal

mechanism for -

"(1) developing policies and procedures for the approval of the

President to govern the conduct of counterintelligence

activities; and

"(2) resolving conflicts, as directed by the President, which

may arise between elements of the Government which carry out such

activities."

Subsec. (c). Pub. L. 107-306, Sec. 903(b), added subsec. (c).

Former subsec. (c) redesignated (e).

Subsec. (c)(6). Pub. L. 107-306, Sec. 811(b)(5)(B), amended par.

(6) generally. Prior to amendment, par. (6) read as follows: "The

Director of the Federal Bureau of Investigation shall, in

consultation with the Director of Central Intelligence and the

Secretary of Defense, report annually, beginning on February 1,

1995, and continuing each year thereafter, to the Select Committee

on Intelligence of the Senate and to the Permanent Select Committee

on Intelligence of the House of Representatives and, in accordance

with applicable security procedures, the Committees on the

Judiciary of the House of Representatives and the Senate with

respect to compliance with paragraphs (1) and (2) during the

previous calendar year."

Subsec. (d). Pub. L. 107-306, Sec. 903(c), added subsec. (d).

Subsec. (e). Pub. L. 107-306, Sec. 903(a)(2), redesignated

subsec. (c) as (e).

2000 - Subsec. (c)(1). Pub. L. 106-567, Sec. 605(a)(1),

substituted "paragraph (5)" for "paragraph (3)".

Subsec. (c)(2). Pub. L. 106-567, Sec. 605(a)(1), (b), substituted

"paragraph (5)" for "paragraph (3)" and inserted "in a timely

manner" after "through appropriate channels" and "are consulted".

Subsec. (c)(3). Pub. L. 106-567, Sec. 605(a)(3), added par. (3).

Former par. (3) redesignated (5).

Subsec. (c)(4). Pub. L. 106-567, Sec. 605(a), (c), added par.

(4). Former par. (4) redesignated (6).

Subsec. (c)(5). Pub. L. 106-567, Sec. 605(a)(2), (4),

redesignated par. (3) as (5) and substituted "paragraph (1), (2),

or (3)" for "paragraph (1) or (2)". Former par. (5) redesignated

(7).

Subsec. (c)(6) to (8). Pub. L. 106-567, Sec. 605(a)(2),

redesignated pars. (4) to (6) as (6) to (8), respectively.

1999 - Subsec. (c)(2). Pub. L. 106-120 struck out "after a report

has been provided pursuant to paragraph (1)(A)" before period at

end.

ANNUAL REPORTS ON INTELLIGENCE ACTIVITIES OF THE PEOPLE'S REPUBLIC

OF CHINA

Pub. L. 105-107, title III, Sec. 308, Nov. 20, 1997, 111 Stat.

2253, as amended by Pub. L. 107-306, title VIII, Sec. 811(b)(5)(D),

Nov. 27, 2002, 116 Stat. 2424, provided that:

"(a) Report to Congress. - The Director of Central Intelligence

and the Director of the Federal Bureau of Investigation, jointly

and in consultation with the heads of other appropriate Federal

agencies, including the National Security Agency and the

Departments of Defense, Justice, Treasury, and State, shall prepare

and transmit to Congress on an annual basis a report on

intelligence activities of the People's Republic of China directed

against or affecting the interests of the United States.

"(b) Delivery of Report. - The Director of Central Intelligence

and the Director of the Federal Bureau of Investigation shall

jointly transmit classified and unclassified versions of the report

to the Speaker and Minority leader of the House of Representatives,

the Majority and Minority leaders of the Senate, the Chairman and

Ranking Member of the Permanent Select Committee on Intelligence of

the House of Representatives, and the Chairman and Vice-Chairman of

the Select Committee on Intelligence of the Senate.

"(c) Submittal Date of Report to Leadership of Congressional

Intelligence Committees. - The date each year for the submittal to

the Chairman and Ranking Member of the Permanent Select Committee

on Intelligence of the House of Representatives and the Chairman

and Vice Chairman of the Select Committee on Intelligence of the

Senate of the report required by subsection (a) shall be the date

provided in section 507 of the National Security Act of 1947 [50

U.S.C. 415b]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402b, 415b of this title.

-FOOTNOTE-

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

-End-

-CITE-

50 USC Sec. 402b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 402b. National Counterintelligence Executive

-STATUTE-

(a) Establishment

(1) There shall be a National Counterintelligence Executive, who

shall be appointed by the President.

(2) It is the sense of Congress that the President should seek

the views of the Attorney General, Secretary of Defense, and

Director of Central Intelligence in selecting an individual for

appointment as the Executive.

(b) Mission

The mission of the National Counterintelligence Executive shall

be to serve as the head of national counterintelligence for the

United States Government.

Subject to the direction and control of the President, the duties

of the National Counterintelligence Executive are as follows:

(1) To carry out the mission referred to in subsection (b) of

this section.

(2) To act as chairperson of the National Counterintelligence

Policy Board under section 402a of this title.

(3) To act as head of the Office of the National

Counterintelligence Executive under section 402c of this title.

(4) To participate as an observer on such boards, committees,

and entities of the executive branch as the President considers

appropriate for the discharge of the mission and functions of the

Executive and the Office of the National Counterintelligence

Executive under section 402c of this title.

-SOURCE-

(Pub. L. 107-306, title IX, Sec. 902, Nov. 27, 2002, 116 Stat.

2432.)

-COD-

CODIFICATION

Section was enacted as part of the Counterintelligence

Enhancement Act of 2002, and also 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.

-MISC1-

PURPOSE

Pub. L. 107-306, title IX, Sec. 901(b), Nov. 27, 2002, 116 Stat.

2432, provided that: "The purpose of this title [enacting this

section and section 402c of this title, amending section 402a of

this title, and enacting provisions set out as a note under section

401 of this title] is to facilitate the enhancement of the

counterintelligence activities of the United States Government by -

"(1) enabling the counterintelligence community of the United

States Government to fulfill better its mission of identifying,

assessing, prioritizing, and countering the intelligence threats

to the United States;

"(2) ensuring that the counterintelligence community of the

United States Government acts in an efficient and effective

manner; and

"(3) providing for the integration of all the

counterintelligence activities of the United States Government."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 402a of this title.

-End-

-CITE-

50 USC Sec. 402c 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 402c. Office of the National Counterintelligence Executive

-STATUTE-

(a) Establishment

There shall be an Office of the National Counterintelligence

Executive.

(b) Head of Office

The National Counterintelligence Executive shall be the head of

the Office of the National Counterintelligence Executive.

The Office of the National Counterintelligence Executive shall be

located in the Office of the Director of Central Intelligence.

(d) General Counsel

(1) There shall be in the Office of the National

Counterintelligence Executive a general counsel who shall serve as

principal legal advisor to the National Counterintelligence

Executive.

(2) The general counsel shall -

(A) provide legal advice and counsel to the Executive on

matters relating to functions of the Office;

(B) ensure that the Office complies with all applicable laws,

regulations, Executive orders, and guidelines; and

(e) Functions

Subject to the direction and control of the National

Counterintelligence Executive, the functions of the Office of the

National Counterintelligence Executive shall be as follows:

(1) National threat identification and prioritization assessment

Subject to subsection (f) of this section, in consultation with

appropriate department and agencies of the United States

Government, and private sector entities, to produce on an annual

basis a strategic planning assessment of the counterintelligence

requirements of the United States to be known as the National

Threat Identification and Prioritization Assessment.

(2) National Counterintelligence Strategy

Subject to subsection (f) of this section, in consultation with

appropriate department and agencies of the United States

Government, and private sector entities, and based on the most

current National Threat Identification and Prioritization

Assessment under paragraph (1), to produce on an annual basis a

strategy for the counterintelligence programs and activities of

the United States Government to be known as the National

Counterintelligence Strategy.

(3) Implementation of National Counterintelligence Strategy

To evaluate on an ongoing basis the implementation of the

National Counterintelligence Strategy and to submit to the

President periodic reports on such evaluation, including a

discussion of any shortfalls in the implementation of the

Strategy and recommendations for remedies for such shortfalls.

(4) National counterintelligence strategic analyses

As directed by the Director of Central Intelligence and in

consultation with appropriate elements of the departments and

agencies of the United States Government, to oversee and

coordinate the production of strategic analyses of

counterintelligence matters, including the production of

counterintelligence damage assessments and assessments of lessons

learned from counterintelligence activities.

(5) National counterintelligence program budget

In consultation with the Director of Central Intelligence -

(A) to coordinate the development of budgets and resource

allocation plans for the counterintelligence programs and

activities of the Department of Defense, the Federal Bureau of

Investigation, the Central Intelligence Agency, and other

appropriate elements of the United States Government;

(B) to ensure that the budgets and resource allocation plans

developed under subparagraph (A) address the objectives and

priorities for counterintelligence under the National

Counterintelligence Strategy; and

reports on the activities undertaken by the Office under

subparagraphs (A) and (B).

(6) National counterintelligence collection and targeting

coordination

To develop priorities for counterintelligence investigations

and operations, and for collection of counterintelligence, for

purposes of the National Counterintelligence Strategy, except

that the Office may not -

(A) carry out any counterintelligence investigations or

operations; or

(B) establish its own contacts, or carry out its own

activities, with foreign intelligence services.

(7) National counterintelligence outreach, watch, and warning

(A) Counterintelligence vulnerability surveys

To carry out and coordinate surveys of the vulnerability of

the United States Government, and the private sector, to

intelligence threats in order to identify the areas, programs,

and activities that require protection from such threats.

(B) Outreach

To carry out and coordinate outreach programs and activities

on counterintelligence to other elements of the United States

Government, and the private sector, and to coordinate the

dissemination to the public of warnings on intelligence threats

to the United States.

To ensure that research and development programs and

activities of the United States Government, and the private

sector, direct attention to the needs of the

counterintelligence community for technologies, products, and

services.

(D) Training and professional development

To develop policies and standards for training and

professional development of individuals engaged in

counterintelligence activities and to manage the conduct of

joint training exercises for such personnel.

(f) Additional requirements regarding National Threat

Identification and Prioritization Assessment and National

Counterintelligence Strategy

(1) A National Threat Identification and Prioritization

Assessment under subsection (e)(1) of this section, and any

modification of such assessment, shall not go into effect until

approved by the President.

(2) A National Counterintelligence Strategy under subsection

(e)(2) of this section, and any modification of such strategy,

shall not go into effect until approved by the President.

(3) The National Counterintelligence Executive shall submit to

the congressional intelligence committees each National Threat

Identification and Prioritization Assessment, or modification

thereof, and each National Counterintelligence Strategy, or

modification thereof, approved under this section.

(4) In this subsection, the term "congressional intelligence

committees" means -

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

(B) the Permanent Select Committee on Intelligence of the House

of Representatives.

(g) Personnel

(1) Personnel of the Office of the National Counterintelligence

Executive may consist of personnel employed by the Office or

personnel on detail from any other department, agency, or element

of the Federal Government. Any such detail may be on a reimbursable

or nonreimbursable basis, at the election of the head of the agency

detailing such personnel.

(2) Notwithstanding section 104(d) (!1) or any other provision of

law limiting the period of the detail of personnel on a

nonreimbursable basis, the detail of an officer or employee of

United States or a member of the Armed Forces under paragraph (1)

on a nonreimbursable basis may be for any period in excess of one

year that the National Counterintelligence Executive and the head

of the department, agency, or element concerned consider

appropriate.

(3) The employment of personnel by the Office, including the

appointment, compensation and benefits, management, and separation

of such personnel, shall be governed by the provisions of law on

such matters with respect to the personnel of the Central

Intelligence Agency, except that, for purposes of the applicability

of such provisions of law to personnel of the Office, the National

Counterintelligence Executive shall be treated as the head of the

Office.

(4) Positions in the Office shall be excepted service positions

for purposes of title 5.

(h) Support

(1) The Attorney General, Secretary of Defense, and Director of

Central Intelligence may each provide the Office of the National

Counterintelligence Executive such support as may be necessary to

permit the Office to carry out its functions under this section.

(2) Subject to any terms and conditions specified by the Director

of Central Intelligence, the Director may provide administrative

and contract support to the Office as if the Office were an element

of the Central Intelligence Agency.

(3) Support provided under this subsection may be provided on a

reimbursable or nonreimbursable basis, at the election of the

official providing such support.

(i) Availability of funds for reimbursement

The National Counterintelligence Executive may, from amounts

available for the Office, transfer to a department or agency

detailing personnel under subsection (g) of this section, or

providing support under subsection (h) of this section, on a

reimbursable basis amounts appropriate to reimburse such department

or agency for the detail of such personnel or the provision of such

support, as the case may be.

(j) Contracts

(1) Subject to paragraph (2), the National Counterintelligence

Executive may enter into any contract, lease, cooperative

agreement, or other transaction that the Executive considers

appropriate to carry out the functions of the Office of the

National Counterintelligence Executive under this section.

(2) The authority under paragraph (1) to enter into contracts,

leases, cooperative agreements, and other transactions shall be

subject to any terms, conditions, and limitations applicable to the

Central Intelligence Agency under law with respect to similar

contracts, leases, cooperative agreements, and other transactions.

(k) Treatment of activities under certain administrative laws

The files of the Office shall be treated as operational files of

the Central Intelligence Agency for purposes of section 701 of the

National Security Act of 1947 (50 U.S.C. 431) to the extent such

files meet criteria under subsection (b) of that section for

treatment of files as operational files of an element of the

Agency.

(l) Oversight by Congress

The location of the Office of the National Counterintelligence

Executive within the Office of the Director of Central Intelligence

shall not be construed as affecting access by Congress, or any

committee of Congress, to -

(1) any information, document, record, or paper in the

possession of the Office; or

(2) any personnel of the Office.

(m) Construction

Nothing in this section shall be construed as affecting the

authority of the Director of Central Intelligence, the Secretary of

Defense, the Secretary of State, the Attorney General, or the

Director of the Federal Bureau of Investigation as provided or

specified under the National Security Act of 1947 or under other

provisions of law.

-SOURCE-

(Pub. L. 107-306, title IX, Sec. 904, Nov. 27, 2002, 116 Stat.

2434.)

-REFTEXT-

REFERENCES IN TEXT

Section 104(d), referred to in subsec. (g)(2), is section 104(d)

of Pub. L. 107-306, title I, Nov. 27, 2002, 116 Stat. 2387, which

is not classified to the Code.

The National Security Act of 1947, referred to in subsec. (m), is

act July 26, 1947, ch. 343, 61 Stat. 495, as amended. 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 enacted as part of the Counterintelligence

Enhancement Act of 2002, and also 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 sections 402a, 402b of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403. Office of the Director of Central Intelligence

-STATUTE-

(a) Director of Central Intelligence

There is a Director of Central Intelligence who shall be

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

the Senate. The Director shall -

(1) serve as head of the United States intelligence community;

(2) act as the principal adviser to the President for

intelligence matters related to the national security; and

(3) serve as head of the Central Intelligence Agency.

(b) Deputy Directors of Central Intelligence

(1) There is a Deputy Director of Central Intelligence who shall

be appointed by the President, by and with the advice and consent

of the Senate.

(2) There is a Deputy Director of Central Intelligence for

Community Management who shall be appointed by the President, by

and with the advice and consent of the Senate.

(3) Each Deputy Director of Central Intelligence shall have

extensive national security expertise.

(1)(A) Not more than one of the individuals serving in the

positions specified in subparagraph (B) may be a commissioned

officer of the Armed Forces, whether in active or retired status.

(B) The positions referred to in subparagraph (A) are the

following:

(i) The Director of Central Intelligence.

(ii) The Deputy Director of Central Intelligence.

(iii) The Deputy Director of Central Intelligence for Community

Management.

(2) It is the sense of Congress that, under ordinary

circumstances, it is desirable that one of the individuals serving

in the positions specified in paragraph (1)(B) -

(A) be a commissioned officer of the Armed Forces, whether in

active or retired status; or

(B) have, by training or experience, an appreciation of

military intelligence activities and requirements.

(3) A commissioned officer of the Armed Forces, while serving in

a position specified in paragraph (1)(B) -

(A) shall not be subject to supervision or control by the

Secretary of Defense or by any officer or employee of the

Department of Defense;

(B) shall not exercise, by reason of the officer's status as a

commissioned officer, any supervision or control with respect to

any of the military or civilian personnel of the Department of

Defense except as otherwise authorized by law; and

commissioned officers of the rank and grade of such officer

authorized for the military department of that officer.

(4) Except as provided in subparagraph (A) or (B) of paragraph

(3), the appointment of an officer of the Armed Forces to a

position specified in paragraph (1)(B) shall not affect the status,

position, rank, or grade of such officer in the Armed Forces, or

any emolument, perquisite, right, privilege, or benefit incident to

or arising out of any such status, position, rank, or grade.

(5) A commissioned officer of the Armed Forces on active duty who

is appointed to a position specified in paragraph (1)(B), while

serving in such position and while remaining on active duty, shall

continue to receive military pay and allowances and shall not

receive the pay prescribed for such position. Funds from which such

pay and allowances are paid shall be reimbursed from funds

available to the Director of Central Intelligence.

(d) Duties of Deputy Directors

(1)(A) The Deputy Director of Central Intelligence shall assist

the Director of Central Intelligence in carrying out the Director's

responsibilities under this Act.

(B) The Deputy Director of Central Intelligence shall act for,

and exercise the powers of, the Director of Central Intelligence

during the Director's absence or disability or during a vacancy in

the position of the Director of Central Intelligence.

(2) The Deputy Director of Central Intelligence for Community

Management shall, subject to the direction of the Director of

Central Intelligence, be responsible for the following:

(A) Directing the operations of the Community Management Staff.

(B) Through the Assistant Director of Central Intelligence for

Collection, ensuring the efficient and effective collection of

national intelligence using technical means and human sources.

Analysis and Production, conducting oversight of the analysis and

production of intelligence by elements of the intelligence

community.

(D) Through the Assistant Director of Central Intelligence for

Administration, performing community-wide management functions of

the intelligence community, including the management of personnel

and resources.

(3)(A) The Deputy Director of Central Intelligence takes

precedence in the Office of the Director of Central Intelligence

immediately after the Director of Central Intelligence.

(B) The Deputy Director of Central Intelligence for Community

Management takes precedence in the Office of the Director of

Central Intelligence immediately after the Deputy Director of

Central Intelligence.

(e) Office of the Director of Central Intelligence

(1) There is an Office of the Director of Central Intelligence.

The function of the Office is to assist the Director of Central

Intelligence in carrying out the duties and responsibilities of the

Director under this Act and to carry out such other duties as may

be prescribed by law.

(2) The Office of the Director of Central Intelligence is

composed of the following:

(A) The Director of Central Intelligence.

(B) The Deputy Director of Central Intelligence.

Management.

(D) The National Intelligence Council.

(E) The Assistant Director of Central Intelligence for

Collection.

(F) The Assistant Director of Central Intelligence for Analysis

and Production.

(G) The Assistant Director of Central Intelligence for

Administration.

(H) Such other offices and officials as may be established by

law or the Director of Central Intelligence may establish or

designate in the Office.

(3) To assist the Director in fulfilling the responsibilities of

the Director as head of the intelligence community, the Director

shall employ and utilize in the Office of the Director of Central

Intelligence a professional staff having an expertise in matters

relating to such responsibilities and may establish permanent

positions and appropriate rates of pay with respect to that staff.

(4) The Office of the Director of Central Intelligence shall, for

administrative purposes, be within the Central Intelligence Agency.

(f) Assistant Director of Central Intelligence for Collection

(1) To assist the Director of Central Intelligence in carrying

out the Director's responsibilities under this Act, there shall be

an Assistant Director of Central Intelligence for Collection who

shall be appointed by the President, by and with the advice and

consent of the Senate.

(2) The Assistant Director for Collection shall assist the

Director of Central Intelligence in carrying out the Director's

collection responsibilities in order to ensure the efficient and

effective collection of national intelligence.

(g) Assistant Director of Central Intelligence for Analysis and

Production

(1) To assist the Director of Central Intelligence in carrying

out the Director's responsibilities under this Act, there shall be

an Assistant Director of Central Intelligence for Analysis and

Production who shall be appointed by the President, by and with the

advice and consent of the Senate.

(2) The Assistant Director for Analysis and Production shall -

(A) oversee the analysis and production of intelligence by the

elements of the intelligence community;

(B) establish standards and priorities relating to such

analysis and production;

production of intelligence in order to identify unnecessary

duplication in the analysis and production of intelligence;

(D) direct competitive analysis of analytical products having

National (!1) importance;

(E) identify intelligence to be collected for purposes of the

Assistant Director of Central Intelligence for Collection; and

(F) provide such additional analysis and production of

intelligence as the President and the National Security Council

may require.

(h) Assistant Director of Central Intelligence for Administration

(1) To assist the Director of Central Intelligence in carrying

out the Director's responsibilities under this Act, there shall be

an Assistant Director of Central Intelligence for Administration

who shall be appointed by the President, by and with the advice and

consent of the Senate.

(2) The Assistant Director for Administration shall manage such

activities relating to the administration of the intelligence

community as the Director of Central Intelligence shall require.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 102, as added and amended

Pub. L. 104-293, title VIII, Secs. 805(a), 809(a), 810, 811, Oct.

11, 1996, 110 Stat. 3477, 3481, 3482; Pub. L. 105-107, title IV,

Sec. 405, Nov. 20, 1997, 111 Stat. 2261; Pub. L. 105-272, title

III, Sec. 306, Oct. 20, 1998, 112 Stat. 2401.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (d)(1)(A), (e)(1), (f)(1),

(g)(1), and (h)(1), 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 403, acts July 26, 1947, ch. 343, title I, Sec.

102, 61 Stat. 497; Apr. 4, 1953, ch. 16, 67 Stat. 19; Oct. 24,

1992, Pub. L. 102-496, title VII, Sec. 704, 106 Stat. 3189; Jan. 6,

1996, Pub. L. 104-93, title VII, Sec. 701, 109 Stat. 977; Feb. 10,

1996, Pub. L. 104-106, div. A, title V, Sec. 570, 110 Stat. 353,

related to establishment of Central Intelligence Agency and

appointment and functions of its Director and Deputy Director prior

to repeal by Pub. L. 104-293, title VIII, Sec. 805(a), Oct. 11,

1996, 110 Stat. 3477.

AMENDMENTS

1998 - Subsec. (g)(2)(D) to (F). Pub. L. 105-272 added subpar.

(D) and redesignated former subpars. (D) and (E) as (E) and (F),

respectively.

1997 - Subsec. (e)(4). Pub. L. 105-107 added par. (4).

1996 - Subsec. (f). Pub. L. 104-293, Sec. 809(a), added subsec.

(f).

Subsec. (g). Pub. L. 104-293, Sec. 810, added subsec. (g).

Subsec. (h). Pub. L. 104-293, Sec. 811, added subsec. (h).

-TRANS-

TRANSFER OF FUNCTIONS

Missions and functions of elements of Central Intelligence Agency

as specified in classified annex to Pub. L. 104-201, and related

personnel, assets, and balances of appropriations and

authorizations of appropriations, transferred to National Imagery

and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104-201,

set out as notes under section 441 of Title 10, Armed Forces.

-MISC2-

SUPPORT FOR SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION

Pub. L. 103-178, title IV, Sec. 401, Dec. 3, 1993, 107 Stat.

2037, authorized Director of Central Intelligence to carry out a

program in fiscal years 1994 and 1995 to award cash prizes and

visits to the Central Intelligence Agency (including the payment of

costs associated with such visits) for students who participate in

high school science fairs within the United States.

CENTRAL INTELLIGENCE AGENCY CONSOLIDATION PLAN

Pub. L. 102-183, title VI, Sec. 601, Dec. 4, 1991, 105 Stat.

1269, authorized funding in fiscal year 1992 for costs associated

with the land acquisition and related expenditures necessary to

implement a plan for consolidation of Central Intelligence Agency

facilities. Similar provisions were contained in Pub. L. 102-172,

title VIII, Sec. 8083A, Nov. 26, 1991, 105 Stat. 1191.

EQUAL EMPLOYMENT OPPORTUNITY PLAN

Pub. L. 100-453, title IV, Sec. 403, Sept. 29, 1988, 102 Stat.

1908, directed Director of Central Intelligence and Secretary of

Defense, 90 days after Sept. 29, 1988, to submit to Congress a

report setting forth an analysis of each equal employment

opportunity group's representation in Central Intelligence Agency

and National Security Agency respectively and proposing a plan for

rectifying any underrepresentation of any such equal employment

opportunity group by Sept. 30, 1991, and further directed

submission of interim reports on Feb. 1, 1989, 1990, and 1991

concerning Central Intelligence Agency and National Security Agency

respectively detailing efforts made, and progress realized, by each

such agency in achieving objectives of each such plan, including,

but not limited to, number of applications from, and hiring,

promotion, and training of, members of each equal employment

opportunity group.

STUDY OF INTELLIGENCE PERSONNEL SYSTEMS

Pub. L. 100-178, title VII, Sec. 701, Dec. 2, 1987, 101 Stat.

1016, provided for submission, no later than Jan. 20, 1989, to

Congress by Director of Central Intelligence Agency, of classified

objective study to consist of a comprehensive review and

comparative analysis of all personnel management and compensation

systems affecting civilian personnel of agencies and entities of

intelligence community, accompanied by such recommendations for

legislative, regulative or other changes as determined advisable.

COMPENSATION OF DIRECTOR AND DEPUTY DIRECTOR OF CENTRAL

INTELLIGENCE

Compensation of Director and Deputy Director, see sections 5313

and 5314 of Title 5, Government Organization and Employees.

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub.

L. 90-539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91-185, Dec. 30,

1969, 83 Stat. 847; Pub. L. 91-626, Secs. 1-6, Dec. 31, 1970, 84

Stat. 1872-1874; Pub. L. 93-31, May 8, 1973, 87 Stat. 65; Pub. L.

93-210, Sec. 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361,

title VIII, Sec. 801(b), July 14, 1976, 90 Stat. 929; Pub. L.

94-522, title I, Secs. 101, 102, title II, Secs. 201-213, Oct. 17,

1976, 90 Stat. 2467-2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46

F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub.

L. 97-269, title VI, Secs. 602-611, Sept. 27, 1982, 96 Stat.

1145-1148, 1152-1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R.

44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L.

98-618, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L.

99-169, title VII, Sec. 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L.

99-335, title V, Secs. 501-506, June 6, 1986, 100 Stat. 622-624;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

99-569, title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub.

L. 100-178, title IV, Secs. 401(a), 402(a), (b)(1), (2), Dec. 2,

1987, 101 Stat. 1012-1014; Pub. L. 100-453, title III, Sec. 302(a),

(b)(1), (c)(1), (d)(1), (2), title V, Sec. 502, Sept. 29, 1988, 102

Stat. 1906, 1907, 1909; Pub. L. 101-193, title III, Secs.

302-304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L.

102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-88,

title III, Secs. 302-305(a), 306-307(b), Aug. 14, 1991, 105 Stat.

431-433; Pub. L. 102-183, title III, Secs. 302(a)-(c), 303(a),

304-306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262-1266;

Pub. L. 102-496, title III, Sec. 304(b), Oct. 24, 1992, 106 Stat.

3183, known as the Central Intelligence Agency Retirement Act of

1964 for Certain Employees, was revised generally by Pub. L.

102-496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196. As so

revised, Pub. L. 88-643, now known as the Central Intelligence

Agency Retirement Act, has been transferred to chapter 38 (Sec.

2001 et seq.) of this title. All notes, Executive orders, and other

provisions relating to this Act have been transferred to section

2001 of this title.

COMMUNICATION OF RESTRICTED DATA

Authorization for the communication of Restricted Data by the

Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9,

1960, 25 F.R. 12729, set out as a note under section 2162 of Title

42, The Public Health and Welfare.

-EXEC-

EXECUTIVE ORDER NO. 10656

Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which established

the President's Board of Consultants on Foreign Intelligence

Activities, was revoked by Ex. Ord. No. 10938, May 4, 1961, 26 F.R.

3951, formerly set out below.

EXECUTIVE ORDER NO. 10938

Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, which established

the President's Foreign Intelligence Advisory Board, was revoked by

Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, formerly set out

below.

EXECUTIVE ORDER NO. 11460

Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which

established the President's Foreign Intelligence Advisory Board,

was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set

out below.

EX. ORD. NO. 11984. ABOLITION OF PRESIDENT'S FOREIGN INTELLIGENCE

ADVISORY BOARD

Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided:

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

statutes of the United States of America, and as President of the

United States of America, in order to abolish the President's

Foreign Intelligence Advisory Board, Executive Order No. 11460 of

March 20, 1969, is hereby revoked.

Jimmy Carter.

EXECUTIVE ORDER NO. 12331

Ex. Ord. No. 12331, Oct. 20, 1981, 46 F.R. 51705, which

established the President's Foreign Intelligence Advisory Board,

was revoked by Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083,

formerly set out below.

EXECUTIVE ORDER NO. 12537

Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, as amended by

Ex. Ord. No. 12624, Jan. 6, 1988, 53 F.R. 489, which established

the President's Foreign Intelligence Advisory Board, was revoked by

Ex. Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set

out as a note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403f, 411 of this title;

title 5 section 2305; title 42 section 2162.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

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

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-1. Central Intelligence Agency

-STATUTE-

There is a Central Intelligence Agency. The function of the

Agency shall be to assist the Director of Central Intelligence in

carrying out the responsibilities referred to in paragraphs (1)

through (5) of section 403-3(d) of this title.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 102A, as added Pub. L.

104-293, title VIII, Sec. 805(b), Oct. 11, 1996, 110 Stat. 3479.)

-MISC1-

PRIOR PROVISIONS

A prior section 403-1, act July 26, 1947, ch. 343, title I, Sec.

102a, as added Dec. 9, 1983, Pub. L. 98-215, title IV, Sec. 403, 97

Stat. 1477, related to appointment of Director of the Intelligence

Community Staff prior to repeal by Pub. L. 102-496, title VII, Sec.

705(a)(1), Oct. 24, 1992, 106 Stat. 3190.

DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE AGENCY

AS THE GEORGE BUSH CENTER FOR INTELLIGENCE

Pub. L. 105-272, title III, Sec. 309, Oct. 20, 1998, 112 Stat.

2403, provided that:

"(a) Designation. - The headquarters compound of the Central

Intelligence Agency located in Langley, Virginia, shall be known

and designated as the 'George Bush Center for Intelligence'.

"(b) References. - Any reference in a law, map, regulation,

document, paper, or other record of the United States to the

headquarters compound referred to in subsection (a) shall be deemed

to be a reference to the 'George Bush Center for Intelligence'."

-End-

-CITE-

50 USC Sec. 403-2 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-2. Intelligence Community contracting

-STATUTE-

The Director of Central Intelligence shall direct that elements

of the Intelligence Community, whenever compatible with the

national security interests of the United States and consistent

with the operational and security concerns related to the conduct

of intelligence activities, and where fiscally sound, shall award

contracts in a manner that would maximize the procurement of

products in the United States. For purposes of this provision, the

term "Intelligence Community" has the same meaning as set forth in

paragraph 3.4(f) of Executive Order 12333, dated December 4, 1981,

or successor orders.

-SOURCE-

(Pub. L. 102-183, title IV, Sec. 403, Dec. 4, 1991, 105 Stat.

1267.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 12333, referred to in text, is set out as a note

under section 401 of this title.

-COD-

CODIFICATION

Section was enacted as part of the authorization act cited as the

credit to this section, and not as part of the National Security

Act of 1947 which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior authorization act: Pub. L. 102-88, title IV, Sec.

404, Aug. 14, 1991, 105 Stat. 434.

-End-

-CITE-

50 USC Sec. 403-2a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-2a. Construction of intelligence community facilities;

Presidential authorization

-STATUTE-

(a) No project for the construction of any facility, or

improvement to any facility, having an estimated Federal cost in

excess of $300,000, may be undertaken in any fiscal year unless

specifically identified as a separate item in the President's

annual fiscal year budget request or otherwise specifically

authorized and appropriated if such facility or improvement would

be used primarily by personnel of the intelligence community.

(b) As used in this section, the term "intelligence community"

has the same meaning given that term in section 401a(4) of this

title.

-SOURCE-

(Pub. L. 103-335, title VIII, Sec. 8131, Sept. 30, 1994, 108 Stat.

2653.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Defense

Appropriations Act, 1995, and not as part of the National Security

Act of 1947 which comprises this chapter.

-End-

-CITE-

50 USC Sec. 403-2b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-2b. Limitation on construction of facilities to be used

primarily by intelligence community

-STATUTE-

(a) In general

(1) In general

Except as provided in subsection (b) of this section, no

project for the construction of any facility to be used primarily

by personnel of any component of the intelligence community which

has an estimated Federal cost in excess of $750,000 may be

undertaken in any fiscal year unless such project is specifically

identified as a separate item in the President's annual fiscal

year budget request and is specifically authorized by the

Congress.

(2) Notification

In the case of a project for the construction of any facility

to be used primarily by personnel of any component of the

intelligence community which has an estimated Federal cost

greater than $500,000 but less than $750,000, or where any

improvement project to such a facility has an estimated Federal

cost greater than $500,000, the Director of Central Intelligence

shall submit a notification to the intelligence committees

specifically identifying such project.

(b) Exception

(1) In general

Notwithstanding subsection (a) of this section but subject to

paragraphs (2) and (3), a project for the construction of a

facility to be used primarily by personnel of any component of

the intelligence community may be carried out if the Secretary of

Defense and the Director of Central Intelligence jointly

determine -

(A) that the project is vital to the national security or to

the protection of health, safety, or the quality of the

environment, and

(B) that the requirement for the project is so urgent that

deferral of the project for inclusion in the next Act

authorizing appropriations for the intelligence community would

be inconsistent with national security or the protection of

health, safety, or environmental quality, as the case may be.

(2) Report

When a decision is made to carry out a construction project

under this subsection, the Secretary of Defense and the Director

of Central Intelligence jointly shall submit a report in writing

to the appropriate committees of Congress on that decision. Each

such report shall include (A) the justification for the project

and the current estimate of the cost of the project, (B) the

justification for carrying out the project under this subsection,

and (C) a statement of the source of the funds to be used to

carry out the project. The project may then be carried out only

after the end of the 21-day period beginning on the date the

notification is received by such committees.

(3) Projects primarily for CIA

If a project referred to in paragraph (1) is primarily for the

Central Intelligence Agency, the Director of Central Intelligence

shall make the determination and submit the report required by

paragraphs (1) and (2).

(4) Limitation

A project carried out under this subsection shall be carried

out within the total amount of funds appropriated for

intelligence and intelligence-related activities that have not

been obligated.

This section shall not apply to any project which is subject to

subsection (a)(1)(A) or (c) of section 601.

-SOURCE-

(Pub. L. 103-359, title VI, Sec. 602, Oct. 14, 1994, 108 Stat.

3432.)

-REFTEXT-

REFERENCES IN TEXT

Section 601, referred to in subsec. (c), means section 601 of

Pub. L. 103-359, title VI, Oct. 14, 1994, 108 Stat. 3431, which is

not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 1995, and not as part of the National Security Act

of 1947 which comprises this chapter.

-CROSS-

DEFINITIONS

Section 604 of title VI of Pub. L. 103-359 provided that: "As

used in this title [enacting this section and provisions set out as

a note under section 403-3 of this title]:

"(1) Intelligence committees. - The term 'intelligence

committees' means the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee on

Intelligence of the Senate.

"(2) Intelligence community. - The term 'intelligence

community' has the same meaning given that term in section 3(4)

of the National Security Act of 1947 (50 U.S.C. 401a(4))."

-End-

-CITE-

50 USC Sec. 403-3 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-3. Responsibilities of Director of Central Intelligence

-STATUTE-

(a) Provision of intelligence

(1) Under the direction of the National Security Council, the

Director of Central Intelligence shall be responsible for providing

national intelligence -

(A) to the President;

(B) to the heads of departments and agencies of the executive

branch;

military commanders; and

(D) where appropriate, to the Senate and House of

Representatives and the committees thereof.

(2) Such national intelligence should be timely, objective,

independent of political considerations, and based upon all sources

available to the intelligence community.

(b) National Intelligence Council

(1)(A) There is established within the Office of the Director of

Central Intelligence the National Intelligence Council (hereafter

in this section referred to as the "Council"). The Council shall be

composed of senior analysts within the intelligence community and

substantive experts from the public and private sector, who shall

be appointed by, report to, and serve at the pleasure of, the

Director of Central Intelligence.

(B) The Director shall prescribe appropriate security

requirements for personnel appointed from the private sector as a

condition of service on the Council, or as contractors of the

Council or employees of such contractors, to ensure the protection

of intelligence sources and methods while avoiding, wherever

possible, unduly intrusive requirements which the Director

considers to be unnecessary for this purpose.

(2) The Council shall -

(A) produce national intelligence estimates for the Government,

including, whenever the Council considers appropriate,

alternative views held by elements of the intelligence community;

(B) evaluate community-wide collection and production of

intelligence by the intelligence community and the requirements

and resources of such collection and production; and

responsibilities described in subsection (a) of this section.

(3) Within their respective areas of expertise and under the

direction of the Director, the members of the Council shall

constitute the senior intelligence advisers of the intelligence

community for purposes of representing the views of the

intelligence community within the Government.

(4) Subject to the direction and control of the Director of

Central Intelligence, the Council may carry out its

responsibilities under this subsection by contract, including

contracts for substantive experts necessary to assist the Council

with particular assessments under this subsection.

(5) The Director shall make available to the Council such staff

as may be necessary to permit the Council to carry out its

responsibilities under this subsection and shall take appropriate

measures to ensure that the Council and its staff satisfy the needs

of policymaking officials and other consumers of intelligence. The

Council shall also be readily accessible to policymaking officials

and other appropriate individuals not otherwise associated with the

intelligence community.

(6) The heads of elements within the intelligence community

shall, as appropriate, furnish such support to the Council,

including the preparation of intelligence analyses, as may be

required by the Director.

In the Director's capacity as head of the intelligence community,

the Director shall -

(1) facilitate the development of an annual budget for

intelligence and intelligence-related activities of the United

States by -

(A) developing and presenting to the President an annual

budget for the National Foreign Intelligence Program; and

(B) participating in the development by the Secretary of

Defense of the annual budgets for the Joint Military

Intelligence Program and the Tactical Intelligence and Related

Activities Program;

(2) establish the requirements and priorities to govern the

collection of national intelligence by elements of the

intelligence community;

(3) approve collection requirements, determine collection

priorities, and resolve conflicts in collection priorities levied

on national collection assets, except as otherwise agreed with

the Secretary of Defense pursuant to the direction of the

President;

(4) promote and evaluate the utility of national intelligence

to consumers within the Government;

(5) eliminate waste and unnecessary duplication within the

intelligence community;

(6) establish requirements and priorities for foreign

intelligence information to be collected under the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),

and provide assistance to the Attorney General to ensure that

information derived from electronic surveillance or physical

searches under that Act is disseminated so it may be used

efficiently and effectively for foreign intelligence purposes,

except that the Director shall have no authority to direct,

manage, or undertake electronic surveillance or physical search

operations pursuant to that Act unless otherwise authorized by

statute or Executive order;

(7) protect intelligence sources and methods from unauthorized

disclosure; and

(8) perform such other functions as the President or the

National Security Council may direct.

(d) Head of Central Intelligence Agency

In the Director's capacity as head of the Central Intelligence

Agency, the Director shall -

(1) collect intelligence through human sources and by other

appropriate means, except that the Agency shall have no police,

subpoena, or law enforcement powers or internal security

functions;

(2) provide overall direction for the collection of national

intelligence through human sources by elements of the

intelligence community authorized to undertake such collection

and, in coordination with other agencies of the Government which

are authorized to undertake such collection, ensure that the most

effective use is made of resources and that the risks to the

United States and those involved in such collection are

minimized;

(3) correlate and evaluate intelligence related to the national

security and provide appropriate dissemination of such

intelligence;

(4) perform such additional services as are of common concern

to the elements of the intelligence community, which services the

Director of Central Intelligence determines can be more

efficiently accomplished centrally; and

(5) perform such other functions and duties related to

intelligence affecting the national security as the President or

the National Security Council may direct.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 103, as added Pub. L.

102-496, title VII, Sec. 705(a)(3), Oct. 24, 1992, 106 Stat. 3190;

amended Pub. L. 103-178, title V, Sec. 502, Dec. 3, 1993, 107 Stat.

2038; Pub. L. 104-293, title VIII, Secs. 806, 807(a), Oct. 11,

1996, 110 Stat. 3479, 3480; Pub. L. 107-56, title IX, Sec. 901,

Oct. 26, 2001, 115 Stat. 387.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Intelligence Surveillance Act of 1978, referred to in

subsec. (c)(6), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as

amended, which is classified principally to chapter 36 (Sec. 1801

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1801 of this

title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 103 of act July 26, 1947, was renumbered section

107 and is classified to section 404 of this title.

AMENDMENTS

2001 - Subsec. (c)(6) to (8). Pub. L. 107-56 added par. (6) and

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

1996 - Subsec. (b)(1)(B). Pub. L. 104-293, Sec. 806(1), inserted

", or as contractors of the Council or employees of such

contractors," after "on the Council".

Subsec. (b)(2). Pub. L. 104-293, Sec. 806(2), added subpar. (B)

and redesignated former subpar. (B) as (C).

Subsec. (b)(4). Pub. L. 104-293, Sec. 806(3), added par. (4).

Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 104-293, Sec. 806(3), (5), redesignated

par. (4) as (5) and inserted at end "The Council shall also be

readily accessible to policymaking officials and other appropriate

individuals not otherwise associated with the intelligence

community." Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 104-293, Sec. 806(3), redesignated par.

(5) as (6).

Subsec. (c)(1). Pub. L. 104-293, Sec. 807(a)(1), added par. (1)

and struck out former par. (1) which read as follows: "develop and

present to the President an annual budget for the National Foreign

Intelligence Program of the United States;".

Subsec. (c)(3) to (7). Pub. L. 104-293, Sec. 807(a)(2), (3),

added par. (3) and redesignated former pars. (3) to (6) as (4) to

(7), respectively.

1993 - Subsec. (d)(3). Pub. L. 103-178 substituted "provide" for

"providing".

STANDARDIZED TRANSLITERATION OF NAMES INTO THE ROMAN ALPHABET

Pub. L. 107-306, title III, Sec. 352, Nov. 27, 2002, 116 Stat.

2401, provided that:

"(a) Method of Transliteration Required. - Not later than 180

days after the date of the enactment of this Act [Nov. 27, 2002],

the Director of Central Intelligence shall provide for a

standardized method for transliterating into the Roman alphabet

personal and place names originally rendered in any language that

uses an alphabet other than the Roman alphabet.

"(b) Use by Intelligence Community. - The Director shall ensure

the use of the method established under subsection (a) in -

"(1) all communications among the elements of the intelligence

community; and

"(2) all intelligence products of the intelligence community."

STANDARDS FOR SPELLING OF FOREIGN NAMES AND PLACES AND FOR USE OF

GEOGRAPHIC COORDINATES

Pub. L. 105-107, title III, Sec. 309, Nov. 20, 1997, 111 Stat.

2253, provided that:

"(a) Survey of Current Standards. -

"(1) Survey. - The Director of Central Intelligence shall carry

out a survey of current standards for the spelling of foreign

names and places, and the use of geographic coordinates for such

places, among the elements of the intelligence community.

"(2) Report. - Not later than 90 days after the date of

enactment of this Act [Nov. 20, 1997], the Director shall submit

to the congressional intelligence committees a report on the

survey carried out under paragraph (1). The report shall be

submitted in unclassified form, but may include a classified

annex.

"(b) Guidelines. -

"(1) Issuance. - Not later than 180 days after the date of

enactment of this Act, the Director shall issue guidelines to

ensure the use of uniform spelling of foreign names and places

and the uniform use of geographic coordinates for such places.

The guidelines shall apply to all intelligence reports,

intelligence products, and intelligence databases prepared and

utilized by the elements of the intelligence community.

"(2) Basis. - The guidelines under paragraph (1) shall, to the

maximum extent practicable, be based on current United States

Government standards for the transliteration of foreign names,

standards for foreign place names developed by the Board on

Geographic Names, and a standard set of geographic coordinates.

"(3) Submittal to congress. - The Director shall submit a copy

of the guidelines to the congressional intelligence committees.

"(c) Congressional Intelligence Committees Defined. - In this

section, the term 'congressional intelligence committees' means the

following:

"(1) The Select Committee on Intelligence of the Senate.

"(2) The Permanent Select Committee on Intelligence of the

House of Representatives."

PERIODIC REPORTS ON EXPENDITURES

Section 807(c) of Pub. L. 104-293 provided that: "Not later than

January 1, 1997, the Director of Central Intelligence and the

Secretary of Defense shall prescribe guidelines to ensure prompt

reporting to the Director and the Secretary on a periodic basis of

budget execution data for all national, defense-wide, and tactical

intelligence activities."

DATABASE PROGRAM TRACKING

Section 807(d) of Pub. L. 104-293 provided that: "Not later than

January 1, 1999, the Director of Central Intelligence and the

Secretary of Defense shall develop and implement a database to

provide timely and accurate information on the amounts, purposes,

and status of the resources, including periodic budget execution

updates, for all national, defense-wide, and tactical intelligence

activities."

IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE INTELLIGENCE

BUDGET

Pub. L. 103-359, title VI, Sec. 603, Oct. 14, 1994, 108 Stat.

3433, provided that: "The Director of Central Intelligence shall

include the same level of budgetary detail for the Base Budget that

is provided for Ongoing Initiatives and New Initiatives to the

Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate in the congressional justification materials for the annual

submission of the National Foreign Intelligence Program of each

fiscal year."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401a, 403-1, 403-5, 403f,

403g, 404g, 404n-2, 411, 2011 of this title; title 8 section 1721.

-End-

-CITE-

50 USC Sec. 403-4 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-4. Authorities of Director of Central Intelligence

-STATUTE-

(a) Access to intelligence

To the extent recommended by the National Security Council and

approved by the President, the Director of Central Intelligence

shall have access to all intelligence related to the national

security which is collected by any department, agency, or other

entity of the United States.

(b) Approval of budgets

The Director of Central Intelligence shall provide guidance to

elements of the intelligence community for the preparation of their

annual budgets and shall approve such budgets before their

incorporation in the National Foreign Intelligence Program.

No funds made available under the National Foreign Intelligence

Program may be reprogrammed by any element of the intelligence

community without the prior approval of the Director of Central

Intelligence except in accordance with procedures issued by the

Director. The Secretary of Defense shall consult with the Director

of Central Intelligence before reprogramming funds made available

under the Joint Military Intelligence Program.

(d) Transfer of funds or personnel within National Foreign

Intelligence Program

(1)(A) In addition to any other authorities available under law

for such purposes, the Director of Central Intelligence, with the

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

may transfer funds appropriated for a program within the National

Foreign Intelligence Program to another such program and, in

accordance with procedures to be developed by the Director and the

heads of affected departments and agencies, may transfer personnel

authorized for an element of the intelligence community to another

such element for periods up to a year.

(B) The Director may only delegate any duty or authority given

the Director under this subsection to the Deputy Director of

Central Intelligence for Community Management.

(2)(A) A transfer of funds or personnel may be made under this

subsection only if -

(i) the funds or personnel are being transferred to an activity

that is a higher priority intelligence activity;

(ii) the need for funds or personnel for such activity is based

on unforeseen requirements;

(iii) the transfer does not involve a transfer of funds to the

Reserve for Contingencies of the Central Intelligence Agency;

(iv) the transfer does not involve a transfer of funds or

personnel from the Federal Bureau of Investigation; and

(v) subject to subparagraph (B), the Secretary or head of the

department which contains the affected element or elements of the

intelligence community does not object to such transfer.

(B)(i) Except as provided in clause (ii), the authority to object

to a transfer under subparagraph (A)(v) may not be delegated by the

Secretary or head of the department involved.

(ii) With respect to the Department of Defense, the authority to

object to such a transfer may be delegated by the Secretary of

Defense, but only to the Deputy Secretary of Defense.

(iii) An objection to a transfer under subparagraph (A)(v) shall

have no effect unless submitted to the Director of Central

Intelligence in writing.

(3) Funds transferred under this subsection shall remain

available for the same period as the appropriations account to

which transferred.

(4) Any transfer of funds under this subsection shall be carried

out in accordance with existing procedures applicable to

reprogramming notifications for the appropriate congressional

committees. Any proposed transfer for which notice is given to the

appropriate congressional committees shall be accompanied by a

report explaining the nature of the proposed transfer and how it

satisfies the requirements of this subsection. In addition, the

congressional intelligence committees shall be promptly notified of

any transfer of funds made pursuant to this subsection in any case

in which the transfer would not have otherwise required

reprogramming notification under procedures in effect as of October

24, 1992.

(5) The Director shall promptly submit to the congressional

intelligence committees and, in the case of the transfer of

personnel to or from the Department of Defense, the Committee on

Armed Services of the Senate and the Committee on Armed Services of

the House of Representatives, a report on any transfer of personnel

made pursuant to this subsection. The Director shall include in any

such report an explanation of the nature of the transfer and how it

satisfies the requirements of this subsection.

(e) Coordination with foreign governments

Under the direction of the National Security Council and in a

manner consistent with section 3927 of title 22, the Director shall

coordinate the relationships between elements of the intelligence

community and the intelligence or security services of foreign

governments on all matters involving intelligence related to the

national security or involving intelligence acquired through

clandestine means.

(f) Use of personnel

The Director shall, in coordination with the heads of departments

and agencies with elements in the intelligence community, institute

policies and programs within the intelligence community -

(1) to provide for the rotation of personnel between the

elements of the intelligence community, where appropriate, and to

make such rotated service a factor to be considered for promotion

to senior positions; and

(2) to consolidate, wherever possible, personnel,

administrative, and security programs to reduce the overall costs

of these activities within the intelligence community.

(g) Standards and qualifications for performance of intelligence

activities

The Director, acting as the head of the intelligence community,

shall, in consultation with the heads of effected agencies, develop

standards and qualifications for persons engaged in the performance

of intelligence activities within the intelligence community.

(h) Termination of employment of CIA employees

Notwithstanding the provisions of any other law, the Director

may, in the Director's discretion, terminate the employment of any

officer or employee of the Central Intelligence Agency whenever the

Director shall deem such termination necessary or advisable in the

interests of the United States. Any such termination shall not

affect the right of the officer or employee terminated to seek or

accept employment in any other department or agency of the

Government if declared eligible for such employment by the Office

of Personnel Management.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 104, as added Pub. L.

102-496, title VII, Sec. 705(a)(3), Oct. 24, 1992, 106 Stat. 3192;

amended Pub. L. 104-106, div. A, title XV, Sec. 1502(f)(5), Feb.

10, 1996, 110 Stat. 510; Pub. L. 104-293, title VIII, Sec. 807(b),

Oct. 11, 1996, 110 Stat. 3480; Pub. L. 106-65, div. A, title X,

Sec. 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 106-567, title

I, Sec. 105, Dec. 27, 2000, 114 Stat. 2834; Pub. L. 107-306, title

III, Secs. 321, 353(b)(1)(A), (4), Nov. 27, 2002, 116 Stat. 2391,

2402.)

-MISC1-

PRIOR PROVISIONS

A prior section 104 of act July 26, 1947, was renumbered section

108 and is classified to section 404a of this title.

AMENDMENTS

2002 - Subsec. (d)(4). Pub. L. 107-306, Sec. 353(b)(1)(A),

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. (d)(5). Pub. L. 107-306, Sec. 353(b)(4), substituted

"congressional intelligence committees" for "Select Committee on

Intelligence of the Senate and to the Permanent Select Committee on

Intelligence of the House of Representatives".

Subsecs. (g), (h). Pub. L. 107-306, Sec. 321, added subsec. (g)

and redesignated former subsec. (g) as (h).

2000 - Subsec. (d)(1). Pub. L. 106-567, Sec. 105(b), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (d)(2). Pub. L. 106-567, Sec. 105(a), designated existing

provisions as subpar. (A), redesignated former subpars. (A) to (E)

as cls. (i) to (v), respectively, of subpar. (A), in cl. (v)

substituted "subject to subparagraph (B), the Secretary or head"

for "the Secretary or head", and added subpar. (B).

1999 - Subsec. (d)(5). Pub. L. 106-65 substituted "and the

Committee on Armed Services" for "and the Committee on National

Security".

1996 - Subsec. (c). Pub. L. 104-293 inserted at end "The

Secretary of Defense shall consult with the Director of Central

Intelligence before reprogramming funds made available under the

Joint Military Intelligence Program."

Subsec. (d)(5). Pub. L. 104-106 substituted "Committee on Armed

Services of the Senate and the Committee on National Security of

the House of Representatives" for "Committees on Armed Services of

the Senate and House of Representatives".

IMPLEMENTATION OF COMPENSATION REFORM PLAN

Pub. L. 107-306, title IV, Sec. 402, Nov. 27, 2002, 116 Stat.

2403, provided that:

"(a) Delay on Implementation on Compensation Reform Plan. - (1)

The Director of Central Intelligence may not implement before the

implementation date (described in paragraph (2)) a plan for the

compensation of employees of the Central Intelligence Agency that

differs from the plan in effect on October 1, 2002.

"(2) The implementation date referred to in paragraph (1) is

February 1, 2004, or the date on which the Director submits to the

congressional intelligence committees a report on the pilot project

conducted under subsection (b), whichever is later.

"(3) It is the sense of Congress that an employee performance

evaluation mechanism with evaluation training for managers and

employees of the Central Intelligence Agency should be phased in

before the implementation of any new compensation plan.

"(b) Pilot Project. - (1) The Director shall conduct a pilot

project to test the efficacy and fairness of a plan for the

compensation of employees of the Central Intelligence Agency that

differs from the plan in effect on October 1, 2002, within any one

component of the Central Intelligence Agency selected by the

Director, other than a component for which a pilot project on

employee compensation has been previously conducted.

"(2) The pilot project under paragraph (1) shall be conducted for

a period of at least 1 year.

"(3) Not later than the date that is 45 days after the completion

of the pilot project under paragraph (1), the Director shall submit

to the congressional intelligence committees a report that contains

an evaluation of the project and such recommendations as the

Director considers appropriate for the modification of the plans

for the compensation of employees throughout the Agency which are

in effect on such date.

"(c) Sense of Congress on Implementation of Compensation Reform

Plan for the National Security Agency. - It is the sense of

Congress that -

"(1) the Director of the National Security Agency should not

implement before February 1, 2004, a plan for the compensation of

employees of the National Security Agency that differs from the

plan in effect on October 1, 2002; and

"(2) an employee performance evaluation mechanism with

evaluation training for managers and employees of the National

Security Agency should be phased in before the implementation of

any new compensation plan.

"(d) Congressional Intelligence Committees Defined. - In this

section, 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."

POST-EMPLOYMENT RESTRICTIONS

Section 402 of Pub. L. 104-293 provided that:

"(a) In General. - Not later than 90 days after the date of

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

Intelligence shall prescribe regulations requiring each employee of

the Central Intelligence Agency designated by the Director for such

purpose to sign a written agreement restricting the activities of

the employee upon ceasing employment with the Central Intelligence

Agency. The Director may designate a group or class of employees

for such purpose.

"(b) Agreement Elements. - The regulations shall provide that an

agreement contain provisions specifying that the employee concerned

not represent or advise the government, or any political party, of

any foreign country during the three-year period beginning on the

cessation of the employee's employment with the Central

Intelligence Agency unless the Director determines that such

representation or advice would be in the best interests of the

United States.

"(c) Disciplinary Actions. - The regulations shall specify

appropriate disciplinary actions (including loss of retirement

benefits) to be taken against any employee determined by the

Director of Central Intelligence to have violated the agreement of

the employee under this section."

PERSONNEL, TRAINING, AND ADMINISTRATIVE ACTIVITIES

Section 807(e) of Pub. L. 104-293 provided that: "Not later than

January 31 of each year through 1999, the Director of Central

Intelligence shall submit to the Select Committee on Intelligence

of the Senate and the Permanent Select Committee on Intelligence of

the House of Representatives a report on the policies and programs

the Director has instituted under subsection (f) of section 104 of

the National Security Act of 1947 [50 U.S.C. 403-4(f)]."

SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION FROM SERVICE

Pub. L. 103-36, Sec. 2, June 8, 1993, 107 Stat. 104, as amended

by Pub. L. 103-226, Sec. 8(b), Mar. 30, 1994, 108 Stat. 118; Pub.

L. 104-93, title IV, Sec. 401, Jan. 6, 1996, 109 Stat. 968; Pub. L.

104-293, title IV, Sec. 401, Oct. 11, 1996, 110 Stat. 3468; Pub. L.

106-120, title IV, Sec. 402, Dec. 3, 1999, 113 Stat. 1616; Pub. L.

107-108, title IV, Sec. 402, Dec. 28, 2001, 115 Stat. 1403; Pub. L.

107-306, title IV, Sec. 401, Nov. 27, 2002, 116 Stat. 2403,

provided that:

"(a) Definitions. - For purposes of this section -

"(1) the term 'Director' means the Director of Central

Intelligence; and

"(2) the term 'employee' means an employee of the Central

Intelligence Agency, serving under an appointment without time

limitation, who has been currently employed for a continuous

period of at least 12 months, except that such term does not

include -

"(A) a reemployed annuitant under subchapter III of chapter

83 or chapter 84 of title 5, United States Code, or another

retirement system for employees of the Government; or

"(B) an employee having a disability on the basis of which

such employee is or would be eligible for disability retirement

under any of the retirement systems referred to in subparagraph

(A).

"(b) Establishment of Program. - In order to avoid or minimize

the need for involuntary separations due to downsizing,

reorganization, transfer of function, or other similar action, the

Director may establish a program under which employees may be

offered separation pay to separate from service voluntarily

(whether by retirement or resignation). An employee who receives

separation pay under such program may not be reemployed by the

Central Intelligence Agency for the 12-month period beginning on

the effective date of the employee's separation. An employee who

receives separation pay under this section on the basis of a

separation occurring on or after the date of the enactment of the

Federal Workforce Restructuring Act of 1994 [Mar. 30, 1994] and

accepts employment with the Government of the United States within

5 years after the date of the separation on which payment of the

separation pay is based shall be required to repay the entire

amount of the separation pay to the Central Intelligence Agency. If

the employment is with an Executive agency (as defined by section

105 of title 5, United States Code), the Director of the Office of

Personnel Management may, at the request of the head of the agency,

waive the repayment if the individual involved possesses unique

abilities and is the only qualified applicant available for the

position. If the employment is with an entity in the legislative

branch, the head of the entity or the appointing official may waive

the repayment if the individual involved possesses unique abilities

and is the only qualified applicant available for the position. If

the employment is with the judicial branch, the Director of the

Administrative Office of the United States Courts may waive the

repayment if the individual involved possesses unique abilities and

is the only qualified applicant available for the position.

"(c) Bar on Certain Employment. -

"(1) Bar. - An employee may not be separated from service under

this section unless the employee agrees that the employee will

not -

"(A) act as agent or attorney for, or otherwise represent,

any other person (except the United States) in any formal or

informal appearance before, or, with the intent to influence,

make any oral or written communication on behalf of any other

person (except the United States) to the Central Intelligence

Agency; or

"(B) participate in any manner in the award, modification,

extension, or performance of any contract for property or

services with the Central Intelligence Agency,

during the 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 times the proportion of the 12-month period during

which the employee was in violation of the agreement.

"(d) Limitations. - Under this program, separation pay may be

offered only -

"(1) with the prior approval of the Director; and

"(2) to employees within such occupational groups or geographic

locations, or subject to such other similar limitations or

conditions, as the Director may require.

"(e) Amount and Treatment for Other Purposes. - Such separation

pay -

"(1) shall be paid in a lump sum;

"(2) shall be equal to the lesser of -

"(A) an amount equal to the amount the employee would be

entitled to receive under section 5595(c) of title 5, United

States Code, if the employee were entitled to payment under

such section; or

"(B) $25,000;

"(3) shall not be a basis for payment, and shall not be

included in the computation, of any other type of Government

benefit; and

"(4) shall not be taken into account for the purpose of

determining the amount of any severance pay to which an

individual may be entitled under section 5595 of title 5, United

States Code, based on any other separation.

"(f) Termination. - No amount shall be payable under this section

based on any separation occurring after September 30, 2005.

"(g) Regulations. - The Director shall prescribe such regulations

as may be necessary to carry out this section.

"(h) Reporting Requirements. -

"(1) Offering notification. - The Director may not make an

offering of voluntary separation pay pursuant to this section

until 30 days after submitting to the Permanent Select Committee

on Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate a report describing the

occupational groups or geographic locations, or other similar

limitations or conditions, required by the Director under

subsection (d).

"(2) Annual report. - At the end of each of the fiscal years

1993 through 1997, the Director shall submit to the President and

the Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate a report on the effectiveness and costs of carrying out

this section.

"(i) Remittance of Funds. - The Director 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 (in addition to any other payments which the

Director is required to make under subchapter III of chapter 83 and

subchapter II of chapter 84 of title 5, United States Code), an

amount equal to 15 percent of the final basic pay of each employee

who, in fiscal year 1998, 1999, 2000, 2001, 2002, 2003, 2004, or

2005 retires voluntarily under section 8336, 8412, or 8414 of such

title or resigns and to whom a voluntary separation incentive

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)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403-5, 403f, 411 of this

title; title 21 section 1703.

-End-

-CITE-

50 USC Sec. 403-5 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-5. Responsibilities of Secretary of Defense pertaining to

National Foreign Intelligence Program

-STATUTE-

(a) In general

The Secretary of Defense, in consultation with the Director of

Central Intelligence, shall -

(1) ensure that the budgets of the elements of the intelligence

community within the Department of Defense are adequate to

satisfy the overall intelligence needs of the Department of

Defense, including the needs of the chairman (!1) of the Joint

Chiefs of Staff and the commanders of the unified and specified

commands and, wherever such elements are performing

governmentwide functions, the needs of other departments and

agencies;

(2) ensure appropriate implementation of the policies and

resource decisions of the Director of Central Intelligence by

elements of the Department of Defense within the National Foreign

Intelligence Program;

(3) ensure that the tactical intelligence activities of the

Department of Defense complement and are compatible with

intelligence activities under the National Foreign Intelligence

Program;

(4) ensure that the elements of the intelligence community

within the Department of Defense are responsive and timely with

respect to satisfying the needs of operational military forces;

(5) eliminate waste and unnecessary duplication among the

intelligence activities of the Department of Defense; and

(6) ensure that intelligence activities of the Department of

Defense are conducted jointly where appropriate.

(b) Responsibility for performance of specific functions

Consistent with sections 403-3 and 403-4 of this title, the

Secretary of Defense shall ensure -

(1) through the National Security Agency (except as otherwise

directed by the President or the National Security Council), the

continued operation of an effective unified organization for the

conduct of signals intelligence activities and shall ensure that

the product is disseminated in a timely manner to authorized

recipients;

(2) through the National Imagery and Mapping Agency (except as

otherwise directed by the President or the National Security

Council), with appropriate representation from the intelligence

community, the continued operation of an effective unified

organization within the Department of Defense -

(A) for carrying out tasking of imagery collection;

(B) for the coordination of imagery processing and

exploitation activities;

manner to authorized recipients; and

(D) notwithstanding any other provision of law, for -

(i) prescribing technical architecture and standards

related to imagery intelligence and geospatial information

and ensuring compliance with such architecture and standards;

and

(ii) developing and fielding systems of common concern

related to imagery intelligence and geospatial information;

(3) through the National Reconnaissance Office (except as

otherwise directed by the President or the National Security

Council), the continued operation of an effective unified

organization for the research and development, acquisition, and

operation of overhead reconnaissance systems necessary to satisfy

the requirements of all elements of the intelligence community;

(4) through the Defense Intelligence Agency (except as

otherwise directed by the President or the National Security

Council), the continued operation of an effective unified system

within the Department of Defense for the production of timely,

objective military and military-related intelligence, based upon

all sources available to the intelligence community, and shall

ensure the appropriate dissemination of such intelligence to

authorized recipients;

(5) through the Defense Intelligence Agency (except as

otherwise directed by the President or the National Security

Council), effective management of Department of Defense human

intelligence activities, including defense attaches; and

(6) that the military departments maintain sufficient

capabilities to collect and produce intelligence to meet -

(A) the requirements of the Director of Central Intelligence;

(B) the requirements of the Secretary of Defense or the

Chairman of the Joint Chiefs of Staff;

commands and of joint operations; and

(D) the specialized requirements of the military departments

for intelligence necessary to support tactical commanders,

military planners, the research and development process, the

acquisition of military equipment, and training and doctrine.

The Secretary of Defense, in carrying out the functions described

in this section, may use such elements of the Department of Defense

as may be appropriate for the execution of those functions, in

addition to, or in lieu of, the elements identified in this

section.

(d) Annual evaluation of performance and responsiveness of certain

elements of intelligence community

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

this title, the Director shall submit to the congressional

intelligence committees the evaluation described in paragraph (3).

(2) The Director shall submit each year to the Committee on

Foreign Intelligence of the National Security Council, and to the

Committees on Armed Services and Appropriations of the Senate and

House of Representatives, the evaluation described in paragraph

(3).

(3) An evaluation described in this paragraph is an evaluation of

the performance and responsiveness of the National Security Agency,

the National Reconnaissance Office, and the National Imagery and

Mapping Agency in meeting their respective national missions.

(4) The Director shall submit each evaluation under this

subsection in consultation with the Secretary of Defense and the

Chairman of the Joint Chiefs of Staff.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 105, as added Pub. L.

102-496, title VII, Sec. 706(a), Oct. 24, 1992, 106 Stat. 3194;

amended Pub. L. 103-359, title V, Sec. 501(a)(2), Oct. 14, 1994,

108 Stat. 3428; Pub. L. 104-201, div. A, title XI, Sec. 1114(a),

Sept. 23, 1996, 110 Stat. 2684; Pub. L. 104-293, title VIII, Sec.

808, Oct. 11, 1996, 110 Stat. 3481; Pub. L. 107-306, title VIII,

Sec. 811(b)(1)(A), Nov. 27, 2002, 116 Stat. 2421.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-306 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

"The Director of Central Intelligence, in consultation with the

Secretary of Defense and the Chairman of the Joint Chiefs of Staff,

shall submit each year to the Committee on Foreign Intelligence of

the National Security Council and the appropriate congressional

committees (as defined in section 404d(c) of this title) an

evaluation of the performance and the responsiveness of the

National Security Agency, the National Reconnaissance Office, and

the National Imagery and Mapping Agency in meeting their national

missions."

1996 - Subsec. (a). Pub. L. 104-293, Sec. 808(1), inserted ", in

consultation with the Director of Central Intelligence," after

"Secretary of Defense" in introductory provisions.

Subsec. (b)(2). Pub. L. 104-201 amended par. (2) generally. Prior

to amendment, par. (2) read as follows: "through the Central

Imagery Office (except as otherwise directed by the President or

the National Security Council), with appropriate representation

from the intelligence community, the continued operation of an

effective unified organization within the Department of Defense for

carrying out tasking of imagery collection, for the coordination of

imagery processing and exploitation activities, and for ensuring

the dissemination of imagery in a timely manner to authorized

recipients;".

Subsec. (d). Pub. L. 104-293, Sec. 808(2), added subsec. (d).

1994 - Subsec. (b)(2). Pub. L. 103-359 substituted "the Central

Imagery Office" for "a central imagery authority".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

Title 10, Armed Forces.

ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERIMENTAL PERSONNEL

PROGRAM FOR CERTAIN SCIENTIFIC AND TECHNICAL PERSONNEL

Pub. L. 106-567, title V, Sec. 501, Dec. 27, 2000, 114 Stat.

2850, provided that: "If the Director of Central Intelligence

requests that the Secretary of Defense exercise any authority

available to the Secretary under section 1101(b) of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105-261; 5 U.S.C. 3104 note) to carry out a program of

special personnel management authority at the National Imagery and

Mapping Agency and the National Security Agency in order to

facilitate recruitment of eminent experts in science and

engineering at such agencies, the Secretary shall respond to such

request not later than 30 days after the date of such request."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 411, 415b of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

50 USC Sec. 403-5a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-5a. Assistance to United States law enforcement agencies

-STATUTE-

(a) Authority to provide assistance

Subject to subsection (b) of this section, elements of the

intelligence community may, upon the request of a United States law

enforcement agency, collect information outside the United States

about individuals who are not United States persons. Such elements

may collect such information notwithstanding that the law

enforcement agency intends to use the information collected for

purposes of a law enforcement investigation or counterintelligence

investigation.

(b) Limitation on assistance by elements of Department of Defense

(1) With respect to elements within the Department of Defense,

the authority in subsection (a) of this section applies only to the

following:

(A) The National Security Agency.

(B) The National Reconnaissance Office.

(D) The Defense Intelligence Agency.

(2) Assistance provided under this section by elements of the

Department of Defense may not include the direct participation of a

member of the Army, Navy, Air Force, or Marine Corps in an arrest

or similar activity.

(3) Assistance may not be provided under this section by an

element of the Department of Defense if the provision of such

assistance will adversely affect the military preparedness of the

United States.

(4) The Secretary of Defense shall prescribe regulations

governing the exercise of authority under this section by elements

of the Department of Defense, including regulations relating to the

protection of sources and methods in the exercise of such

authority.

For purposes of subsection (a) of this section:

(1) The term "United States law enforcement agency" means any

department or agency of the Federal Government that the Attorney

General designates as law enforcement agency for purposes of this

section.

(2) The term "United States person" means the following:

(A) A United States citizen.

(B) An alien known by the intelligence agency concerned to be

a permanent resident alien.

United States citizens or permanent resident aliens.

(D) A corporation incorporated in the United States, except

for a corporation directed and controlled by a foreign

government or governments.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 105A, as added Pub. L.

104-293, title VIII, Sec. 814(a), Oct. 11, 1996, 110 Stat. 3483.)

-End-

-CITE-

50 USC Sec. 403-5b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-5b. Disclosure of foreign intelligence acquired in

criminal investigations; notice of criminal investigations of

foreign intelligence sources

-STATUTE-

(a) Disclosure of foreign intelligence

(1) Except as otherwise provided by law and subject to paragraph

(2), the Attorney General, or the head of any other department or

agency of the Federal Government with law enforcement

responsibilities, shall expeditiously disclose to the Director of

Central Intelligence, pursuant to guidelines developed by the

Attorney General in consultation with the Director, foreign

intelligence acquired by an element of the Department of Justice or

an element of such department or agency, as the case may be, in the

course of a criminal investigation.

(2) The Attorney General by regulation and in consultation with

the Director of Central Intelligence may provide for exceptions to

the applicability of paragraph (1) for one or more classes of

foreign intelligence, or foreign intelligence with respect to one

or more targets or matters, if the Attorney General determines that

disclosure of such foreign intelligence under that paragraph would

jeopardize an ongoing law enforcement investigation or impair other

significant law enforcement interests.

(b) Procedures for notice of criminal investigations

Not later than 180 days after October 26, 2001, the Attorney

General, in consultation with the Director of Central Intelligence,

shall develop guidelines to ensure that after receipt of a report

from an element of the intelligence community of activity of a

foreign intelligence source or potential foreign intelligence

source that may warrant investigation as criminal activity, the

Attorney General provides notice to the Director of Central

Intelligence, within a reasonable period of time, of his intention

to commence, or decline to commence, a criminal investigation of

such activity.

The Attorney General shall develop procedures for the

administration of this section, including the disclosure of foreign

intelligence by elements of the Department of Justice, and elements

of other departments and agencies of the Federal Government, under

subsection (a) of this section and the provision of notice with

respect to criminal investigations under subsection (b) of this

section.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 105B, as added Pub. L.

107-56, title IX, Sec. 905(a)(2), Oct. 26, 2001, 115 Stat. 388.)

-MISC1-

PRIOR PROVISIONS

A prior section 403-5b, act July 26, 1947, ch. 343, title I, Sec.

105B, as added Pub. L. 106-120, title V, Sec. 501(a)(1), Dec. 3,

1999, 113 Stat. 1616, which related to protection of operational

files of the National Imagery and Mapping Agency, was renumbered

section 105C of act July 26, 1947, by Pub. L. 107-56, title IX,

Sec. 905(a)(1), Oct. 26, 2001, 115 Stat. 388, and transferred to

section 403-5c of this title.

-End-

-CITE-

50 USC Sec. 403-5c 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-5c. Protection of operational files of the National

Imagery and Mapping Agency

-STATUTE-

(a) Exemption of certain operational files from search, review,

publication, or disclosure

(1) The Director of the National Imagery and Mapping Agency, with

the coordination of the Director of Central Intelligence, may

exempt operational files of the National Imagery and Mapping Agency

from the provisions of section 552 of title 5 which require

publication, disclosure, search, or review in connection therewith.

(2)(A) Subject to subparagraph (B), for the purposes of this

section, the term "operational files" means files of the National

Imagery and Mapping Agency (hereafter in this section referred to

as "NIMA") concerning the activities of NIMA that before the

establishment of NIMA were performed by the National Photographic

Interpretation Center of the Central Intelligence Agency (NPIC),

that document the means by which foreign intelligence or

counterintelligence is collected through scientific and technical

systems.

(B) Files which are the sole repository of disseminated

intelligence are not operational files.

(3) Notwithstanding paragraph (1), exempted operational files

shall continue to be subject to search and review for information

concerning -

(A) United States citizens or aliens lawfully admitted for

permanent residence who have requested information on themselves

pursuant to the provisions of section 552 or 552a of title 5;

(B) any special activity the existence of which is not exempt

from disclosure under the provisions of section 552 of title 5;

the following for any impropriety, or violation of law, Executive

order, or Presidential directive, in the conduct of an

intelligence activity:

(i) The congressional intelligence committees.

(ii) The Intelligence Oversight Board.

(iii) The Department of Justice.

(iv) The Office of General Counsel of NIMA.

(v) The Office of the Director of NIMA.

(4)(A) Files that are not exempted under paragraph (1) which

contain information derived or disseminated from exempted

operational files shall be subject to search and review.

(B) The inclusion of information from exempted operational files

in files that are not exempted under paragraph (1) shall not affect

the exemption under paragraph (1) of the originating operational

files from search, review, publication, or disclosure.

disseminated to and referenced in files that are not exempted under

paragraph (1) and which have been returned to exempted operational

files for sole retention shall be subject to search and review.

(5) The provisions of paragraph (1) may not be superseded except

by a provision of law which is enacted after December 3, 1999, and

which specifically cites and repeals or modifies its provisions.

(6)(A) Except as provided in subparagraph (B), whenever any

person who has requested agency records under section 552 of title

5 alleges that NIMA has withheld records improperly because of

failure to comply with any provision of this section, judicial

review shall be available under the terms set forth in section

552(a)(4)(B) of title 5.

(B) Judicial review shall not be available in the manner provided

for under subparagraph (A) as follows:

(i) In any case in which information specifically authorized

under criteria established by an Executive order to be kept

secret in the interests of national defense or foreign relations

is filed with, or produced for, the court by NIMA, such

information shall be examined ex parte, in camera by the court.

(ii) The court shall, to the fullest extent practicable,

determine the issues of fact based on sworn written submissions

of the parties.

(iii) When a complainant alleges that requested records are

improperly withheld because of improper placement solely in

exempted operational files, the complainant shall support such

allegation with a sworn written submission based upon personal

knowledge or otherwise admissible evidence.

(iv)(I) When a complainant alleges that requested records were

improperly withheld because of improper exemption of operational

files, NIMA 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 responsible

records currently perform the functions set forth in paragraph

(2).

(II) The court may not order NIMA to review the content of any

exempted operational file or files in order to make the

demonstration required under subclause (I), unless the

complainant disputes NIMA's showing with a sworn written

submission based on personal knowledge or otherwise admissible

evidence.

(v) In proceedings under clauses (iii) and (iv), the parties

may not obtain discovery pursuant to rules 26 through 36 of the

Federal Rules of Civil Procedure, except that requests for

admissions may be made pursuant to rules 26 and 36.

(vi) If the court finds under this paragraph that NIMA has

improperly withheld requested records because of failure to

comply with any provision of this subsection, the court shall

order NIMA 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, and such order shall be the

exclusive remedy for failure to comply with this subsection.

(vii) If at any time following the filing of a complaint

pursuant to this paragraph NIMA agrees to search the appropriate

exempted operational file or files for the requested records, the

court shall dismiss the claim based upon such complaint.

(viii) Any information filed with, or produced for the court

pursuant to clauses (i) and (iv) shall be coordinated with the

Director of Central Intelligence prior to submission to the

court.

(b) Decennial review of exempted operational files

(1) Not less than once every 10 years, the Director of the

National Imagery and Mapping Agency and the Director of Central

Intelligence shall review the exemptions in force under subsection

(a)(1) of this section to determine whether such exemptions may be

removed from the category of exempted files or any portion thereof.

The Director of Central Intelligence must approve any determination

to remove such exemptions.

(2) The review required by paragraph (1) shall include

consideration of the historical value or other public interest in

the subject matter of the particular category of files or portions

thereof and the potential for declassifying a significant part of

the information contained therein.

(3) A complainant that alleges that NIMA has improperly withheld

records because of failure to comply with this subsection may seek

judicial review in the district court of the United States of the

district in which any of the parties reside, or in the District of

Columbia. In such a proceeding, the court's review shall be limited

to determining the following:

(A) Whether NIMA has conducted the review required by paragraph

(1) before the expiration of the 10-year period beginning on

December 3, 1999, or before the expiration of the 10-year period

beginning on the date of the most recent review.

(B) Whether NIMA, in fact, considered the criteria set forth in

paragraph (2) in conducting the required review.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 105C, formerly Sec. 105B, as

added Pub. L. 106-120, title V, Sec. 501(a)(1), Dec. 3, 1999, 113

Stat. 1616; renumbered Sec. 105C, Pub. L. 107-56, title IX, Sec.

905(a)(1), Oct. 26, 2001, 115 Stat. 388; amended Pub. L. 107-306,

title III, Sec. 353(b)(5), Nov. 27, 2002, 116 Stat. 2402.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(a)(6)(B)(v), are set out in the Appendix to Title 28, Judiciary

and Judicial Procedure.

-COD-

CODIFICATION

Section was formerly classified to section 403-5b of this title

prior to renumbering by Pub. L. 107-56.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3)(C). Pub. L. 107-306 added cl. (i),

redesignated cls. (iii) to (vi) as (ii) to (v), respectively, and

struck out former cls. (i) and (ii) which read as follows:

"(i) The Permanent Select Committee on Intelligence of the House

of Representatives.

"(ii) The Select Committee on Intelligence of the Senate."

TREATMENT OF CERTAIN TRANSFERRED RECORDS

Pub. L. 106-120, title V, Sec. 501(b), Dec. 3, 1999, 113 Stat.

1619, provided that: "Any record transferred to the National

Imagery and Mapping Agency from exempted operational files of the

Central Intelligence Agency covered by section 701(a) of the

National Security Act of 1947 (50 U.S.C. 431(a)) shall be placed in

the operational files of the National Imagery and Mapping Agency

that are established pursuant to section 105B [now 105C] of the

National Security Act of 1947 [50 U.S.C. 403-5c], as added by

subsection (a)."

-End-

-CITE-

50 USC Sec. 403-5d 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-5d. Foreign intelligence information

-STATUTE-

(1) In general

Notwithstanding any other provision of law, it shall be lawful

for foreign intelligence or counterintelligence (as defined in

section 401a of this title) or foreign intelligence information

obtained as part of a criminal investigation to be disclosed to any

Federal law enforcement, intelligence, protective, immigration,

national defense, or national security official in order to assist

the official receiving that information in the performance of his

official duties. Any Federal official who receives information

pursuant to this provision may use that information only as

necessary in the conduct of that person's official duties subject

to any limitations on the unauthorized disclosure of such

information. Consistent with the responsibility of the Director of

Central Intelligence to protect intelligence sources and methods,

and the responsibility of the Attorney General to protect sensitive

law enforcement information, it shall be lawful for information

revealing a threat of actual or potential attack or other grave

hostile acts of a foreign power or an agent of a foreign power,

domestic or international sabotage, domestic or international

terrorism, or clandestine intelligence gathering activities by an

intelligence service or network of a foreign power or by an agent

of a foreign power, within the United States or elsewhere, obtained

as part of a criminal investigation to be disclosed to any

appropriate Federal, State, local, or foreign government official

for the purpose of preventing or responding to such a threat. Any

official who receives information pursuant to this provision may

use that information only as necessary in the conduct of that

person's official duties subject to any limitations on the

unauthorized disclosure of such information, and any State, local,

or foreign official who receives information pursuant to this

provision may use that information only consistent with such

guidelines as the Attorney General and Director of Central

Intelligence shall jointly issue.

(2) Definition

In this section, the term "foreign intelligence information"

means -

(A) information, whether or not concerning a United States

person, that relates to the ability of the United States to

protect against -

(i) actual or potential attack or other grave hostile acts of

a foreign power or an agent of a foreign power;

(ii) sabotage or international terrorism by a foreign power

or an agent of a foreign power; or

(iii) clandestine intelligence activities by an intelligence

service or network of a foreign power or by an agent of a

foreign power; or

(B) information, whether or not concerning a United States

person, with respect to a foreign power or foreign territory that

relates to -

(i) the national defense or the security of the United

States; or

(ii) the conduct of the foreign affairs of the United States.

-SOURCE-

(Pub. L. 107-56, title II, Sec. 203(d), Oct. 26, 2001, 115 Stat.

281; Pub. L. 107-296, title VIII, Sec. 897(a), Nov. 25, 2002, 116

Stat. 2257.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 224 of Pub. L. 107-56, see

Termination Date of 2001 Amendment note set out under section 2510

of Title 18, Crimes and Criminal Procedure.

-COD-

CODIFICATION

Section was enacted as part of the Uniting and Strengthening

America by Providing Appropriate Tools Required to Intercept and

Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, and not as part

of the National Security Act of 1947 which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-296 inserted at end "Consistent with

the responsibility of the Director of Central Intelligence to

protect intelligence sources and methods, and the responsibility of

the Attorney General to protect sensitive law enforcement

information, it shall be lawful for information revealing a threat

of actual or potential attack or other grave hostile acts of a

foreign power or an agent of a foreign power, domestic or

international sabotage, domestic or international terrorism, or

clandestine intelligence gathering activities by an intelligence

service or network of a foreign power or by an agent of a foreign

power, within the United States or elsewhere, obtained as part of a

criminal investigation to be disclosed to any appropriate Federal,

State, local, or foreign government official for the purpose of

preventing or responding to such a threat. Any official who

receives information pursuant to this provision may use that

information only as necessary in the conduct of that person's

official duties subject to any limitations on the unauthorized

disclosure of such information, and any State, local, or foreign

official who receives information pursuant to this provision may

use that information only consistent with such guidelines as the

Attorney General and Director of Central Intelligence shall jointly

issue."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-End-

-CITE-

50 USC Sec. 403-5e 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-5e. Protection of operational files of the National

Reconnaissance Office

-STATUTE-

(a) Exemption of certain operational files from search, review,

publication, or disclosure

(1) The Director of the National Reconnaissance Office, with the

coordination of the Director of Central Intelligence, may exempt

operational files of the National Reconnaissance Office from the

provisions of section 552 of title 5, which require publication,

disclosure, search, or review in connection therewith.

(2)(A) Subject to subparagraph (B), for the purposes of this

section, the term "operational files" means files of the National

Reconnaissance Office (hereafter in this section referred to as

"NRO") that document the means by which foreign intelligence or

counterintelligence is collected through scientific and technical

systems.

(B) Files which are the sole repository of disseminated

intelligence are not operational files.

(3) Notwithstanding paragraph (1), exempted operational files

shall continue to be subject to search and review for information

concerning -

(A) United States citizens or aliens lawfully admitted for

permanent residence who have requested information on themselves

pursuant to the provisions of section 552 or 552a of title 5;

(B) any special activity the existence of which is not exempt

from disclosure under the provisions of section 552 of title 5;

the following for any impropriety, or violation of law, Executive

order, or Presidential directive, in the conduct of an

intelligence activity:

(i) The Permanent Select Committee on Intelligence of the

House of Representatives.

(ii) The Select Committee on Intelligence of the Senate.

(iii) The Intelligence Oversight Board.

(iv) The Department of Justice.

(v) The Office of General Counsel of NRO.

(vi) The Office of the Director of NRO.

(4)(A) Files that are not exempted under paragraph (1) which

contain information derived or disseminated from exempted

operational files shall be subject to search and review.

(B) The inclusion of information from exempted operational files

in files that are not exempted under paragraph (1) shall not affect

the exemption under paragraph (1) of the originating operational

files from search, review, publication, or disclosure.

exempted operational files shall not affect the status of the

operational file as being exempt from search, review, publication,

or disclosure.

(D) Records from exempted operational files which have been

disseminated to and referenced in files that are not exempted under

paragraph (1) and which have been returned to exempted operational

files for sole retention shall be subject to search and review.

(5) The provisions of paragraph (1) may not be superseded except

by a provision of law which is enacted after November 27, 2002, and

which specifically cites and repeals or modifies its provisions.

(6)(A) Except as provided in subparagraph (B), whenever any

person who has requested agency records under section 552 of title

5 alleges that NRO has withheld records improperly because of

failure to comply with any provision of this section, judicial

review shall be available under the terms set forth in section

552(a)(4)(B) of title 5.

(B) Judicial review shall not be available in the manner provided

for under subparagraph (A) as follows:

(i) In any case in which information specifically authorized

under criteria established by an Executive order to be kept

secret in the interests of national defense or foreign relations

is filed with, or produced for, the court by NRO, such

information shall be examined ex parte, in camera by the court.

(ii) The court shall, to the fullest extent practicable,

determine the issues of fact based on sworn written submissions

of the parties.

(iii) When a complainant alleges that requested records are

improperly withheld because of improper placement solely in

exempted operational files, the complainant shall support such

allegation with a sworn written submission based upon personal

knowledge or otherwise admissible evidence.

(iv)(I) When a complainant alleges that requested records were

improperly withheld because of improper exemption of operational

files, NRO shall meet its burden under section 552(a)(4)(B) of

title 5 by demonstrating to the court by sworn written submission

that exempted operational files likely to contain responsible

records currently perform the functions set forth in paragraph

(2).

(II) The court may not order NRO to review the content of any

exempted operational file or files in order to make the

demonstration required under subclause (I), unless the

complainant disputes NRO's showing with a sworn written

submission based on personal knowledge or otherwise admissible

evidence.

(v) In proceedings under clauses (iii) and (iv), the parties

may not obtain discovery pursuant to rules 26 through 36 of the

Federal Rules of Civil Procedure, except that requests for

admissions may be made pursuant to rules 26 and 36.

(vi) If the court finds under this paragraph that NRO has

improperly withheld requested records because of failure to

comply with any provision of this subsection, the court shall

order NRO to search and review the appropriate exempted

operational file or files for the requested records and make such

records, or portions thereof, available in accordance with the

provisions of section 552 of title 5, and such order shall be the

exclusive remedy for failure to comply with this subsection.

(vii) If at any time following the filing of a complaint

pursuant to this paragraph NRO agrees to search the appropriate

exempted operational file or files for the requested records, the

court shall dismiss the claim based upon such complaint.

(viii) Any information filed with, or produced for the court

pursuant to clauses (i) and (iv) shall be coordinated with the

Director of Central Intelligence prior to submission to the

court.

(b) Decennial review of exempted operational files

(1) Not less than once every 10 years, the Director of the

National Reconnaissance Office and the Director of Central

Intelligence shall review the exemptions in force under subsection

(a)(1) of this section to determine whether such exemptions may be

removed from the category of exempted files or any portion thereof.

The Director of Central Intelligence must approve any determination

to remove such exemptions.

(2) The review required by paragraph (1) shall include

consideration of the historical value or other public interest in

the subject matter of the particular category of files or portions

thereof and the potential for declassifying a significant part of

the information contained therein.

(3) A complainant that alleges that NRO has improperly withheld

records because of failure to comply with this subsection may seek

judicial review in the district court of the United States of the

district in which any of the parties reside, or in the District of

Columbia. In such a proceeding, the court's review shall be limited

to determining the following:

(A) Whether NRO has conducted the review required by paragraph

(1) before the expiration of the 10-year period beginning on

November 27, 2002, or before the expiration of the 10-year period

beginning on the date of the most recent review.

(B) Whether NRO, in fact, considered the criteria set forth in

paragraph (2) in conducting the required review.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 105D, as added Pub. L.

107-306, title V, Sec. 502(a), Nov. 27, 2002, 116 Stat. 2405.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(a)(6)(B)(v), are set out in the Appendix to Title 28, Judiciary

and Judicial Procedure.

-End-

-CITE-

50 USC Sec. 403-6 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-6. Appointment of officials responsible for

intelligence-related activities

-STATUTE-

(a) Concurrence of DCI in certain appointments

(1) In the event of a vacancy in a position referred to in

paragraph (2), the Secretary of Defense shall obtain the

concurrence of the Director of Central Intelligence before

recommending to the President an individual for appointment to the

position. If the Director does not concur in the recommendation,

the Secretary may make the recommendation to the President without

the Director's concurrence, but shall include in the recommendation

a statement that the Director does not concur in the

recommendation.

(2) Paragraph (1) applies to the following positions:

(A) The Director of the National Security Agency.

(B) The Director of the National Reconnaissance Office.

(b) Consultation with DCI in certain appointments

(1) In the event of a vacancy in a position referred to in

paragraph (2), the head of the department or agency having

jurisdiction over the position shall consult with the Director of

Central Intelligence before appointing an individual to fill the

vacancy or recommending to the President an individual to be

nominated to fill the vacancy.

(2) Paragraph (1) applies to the following positions:

(A) The Director of the Defense Intelligence Agency.

(B) The Assistant Secretary of State for Intelligence and

Research.

Department of Energy.

(D) The Director of the Office of Counterintelligence of the

Department of Energy.

(3) In the event of a vacancy in the position of the Assistant

Director, National Security Division of the Federal Bureau of

Investigation, the Director of the Federal Bureau of Investigation

shall provide timely notice to the Director of Central Intelligence

of the recommendation of the Director of the Federal Bureau of

Investigation of an individual to fill the position in order that

the Director of Central Intelligence may consult with the Director

of the Federal Bureau of Investigation before the Attorney General

appoints an individual to fill the vacancy.

-SOURCE-

(July 26, 1947, ch. 343, title I, Sec. 106, as added Pub. L.

102-496, title VII, Sec. 706(a), Oct. 24, 1992, 106 Stat. 3195;

amended Pub. L. 103-359, title V, Sec. 501(a)(3), Oct. 14, 1994,

108 Stat. 3428; Pub. L. 104-293, title VIII, Sec. 815(a), Oct. 11,

1996, 110 Stat. 3484; Pub. L. 107-108, title III, Sec. 308, Dec.

28, 2001, 115 Stat. 1399.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2)(C), (D). Pub. L. 107-108 added subpars. (C)

and (D) and struck out former subpar. (C) which read as follows:

"The Director of the Office of Nonproliferation and National

Security of the Department of Energy.".

1996 - Pub. L. 104-293 amended section generally, substituting

provisions relating to appointment of individuals responsible for

intelligence-related activities for provisions relating to

administrative provisions pertaining to defense elements within the

intelligence community.

1994 - Subsec. (b). Pub. L. 103-359 substituted "Central Imagery

Office" for "central imagery authority" in heading and text.

SIMILAR PROVISIONS

Provisions similar to those in subsecs. (a) and (b) of this

section are contained in section 201(a) and (b) of Title 10, Armed

Forces.

-End-

-CITE-

50 USC Sec. 403-7 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-7. Prohibition on using journalists as agents or assets

-STATUTE-

(a) Policy

It is the policy of the United States that an element of the

Intelligence Community may not use as an agent or asset for the

purposes of collecting intelligence any individual who -

(1) is authorized by contract or by the issuance of press

credentials to represent himself or herself, either in the United

States or abroad, as a correspondent of a United States news

media organization; or

(2) is officially recognized by a foreign government as a

representative of a United States media organization.

(b) Waiver

Pursuant to such procedures as the President may prescribe, the

President or the Director of Central Intelligence may waive

subsection (a) of this section in the case of an individual if the

President or the Director, as the case may be, makes a written

determination that the waiver is necessary to address the

overriding national security interest of the United States. The

Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate shall be notified of any waiver under this subsection.

Subsection (a) of this section shall not be construed to prohibit

the voluntary cooperation of any person who is aware that the

cooperation is being provided to an element of the United States

Intelligence Community.

-SOURCE-

(Pub. L. 104-293, title III, Sec. 309, Oct. 11, 1996, 110 Stat.

3467.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 1997, and not as part of the National Security Act

of 1947 which comprises this chapter.

-End-

-CITE-

50 USC Sec. 403-8 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403-8. Reaffirmation of longstanding prohibition against drug

trafficking by employees of the intelligence community

-STATUTE-

(a) Finding

Congress finds that longstanding statutes, regulations, and

policies of the United States prohibit employees, agents, and

assets of the elements of the intelligence community, and of every

other Federal department and agency, from engaging in the illegal

manufacture, purchase, sale, transport, and distribution of drugs.

(b) Obligation of employees of intelligence community

Any employee of the intelligence community having knowledge of a

fact or circumstance that reasonably indicates that an employee,

agent, or asset of an element of the intelligence community is

involved in any activity that violates a statute, regulation, or

policy described in subsection (a) of this section shall report

such knowledge to an appropriate official.

In this section, the term "intelligence community" has the

meaning given that term in section 401a(4) of this title.

-SOURCE-

(Pub. L. 106-120, title III, Sec. 313, Dec. 3, 1999, 113 Stat.

1615.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 2000, and not as part of the National Security Act

of 1947 which comprises this chapter.

-End-

-CITE-

50 USC Sec. 403a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403a. Definitions relating to Central Intelligence Agency

-STATUTE-

When used in sections 403a to 403s of this title, the term -

(a) "Agency" means the Central Intelligence Agency;

(b) "Director" means the Director of Central Intelligence;

commission, council, independent establishment, corporation wholly

or partly owned by the United States which is an instrumentality of

the United States, board, bureau, division, service, office,

officer, authority, administration, or other establishment, in the

executive branch of the Government.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 1, 63 Stat. 208; Pub. L. 86-707,

title V, Sec. 511(a)(3), (c)(1), Sept. 6, 1960, 74 Stat. 800, 801.)

-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

1960 - Subsec. (c). Pub. L. 86-707, Sec. 511(c)(1), substituted

"Government." for "Government; and".

Subsec. (d). Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (d)

which defined "continental United States". See section 5921 of

Title 5, Government Organization and Employees.

SHORT TITLE

Act June 20, 1949, ch. 227, Sec. 10, formerly Sec. 12, 63 Stat.

212; renumbered Sec. 10, July 7, 1958, Pub. L. 85-507, Sec.

21(b)(2), 72 Stat. 337, provided that: "This Act [enacting section

403a et seq. of this title] may be cited as the 'Central

Intelligence Agency Act of 1949'."

SEPARABILITY

Act June 20, 1949, Sec. 9, formerly Sec. 11, 63 Stat. 212;

renumbered Sec. 9, July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72

Stat. 337, provided that: "If any provision of this Act [enacting

sections 403a et seq. of this title], or the application of such

provision to any person or circumstances, is held invalid, the

remainder of this Act or the application of such provision to

persons or circumstances other than those as to which it is held

invalid, shall not be affected thereby."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Central Intelligence Agency Act of 1949 is referred to in

title 5 sections 2305, 5373; title 10 section 444.

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

50 USC Sec. 403b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403b. Seal of office of Central Intelligence Agency

-STATUTE-

The Director of Central Intelligence shall cause a seal of office

to be made for the Central Intelligence Agency, of such design as

the President shall approve, and judicial notice shall be taken

thereof.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 2, 63 Stat. 208.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

50 USC Sec. 403c 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403c. Procurement authority of Central Intelligence Agency

-STATUTE-

(a) Purchases and contracts for supplies and services

In the performance of its functions the Central Intelligence

Agency is authorized to exercise the authorities contained in

sections 2304(a)(1) to (6), (10), (12), (15), (17), and sections

2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title

10.(!1)

(b) "Agency head" defined

In the exercise of the authorities granted in subsection (a) of

this section, the term "Agency head" shall mean the Director, the

Deputy Director, or the Executive of the Agency.

powers delegable

The determinations and decisions provided in subsection (a) of

this section to be made by the Agency head may be made with respect

to individual purchases and contracts or with respect to classes of

purchases or contracts, and shall be final. Except as provided in

subsection (d) of this section, the Agency head is authorized to

delegate his powers provided in this section, including the making

of such determinations and decisions, in his discretion and subject

to his direction, to any other officer or officers or officials of

the Agency.

(d) Powers not delegable; written findings

The power of the Agency head to make the determinations or

decisions specified in paragraphs (12) and (15) of section 2304(a)

and section 2307(a) of title 10 (!1) shall not be delegable. Each

determination or decision required by paragraphs (12) and (15) of

section 2304(a), by sections 2306 and 2313, or by section 2307(a)

of title 10,(!1) shall be based upon written findings made by the

official making such determinations, which findings shall be final

and shall be available within the Agency for a period of at least

six years following the date of the determination.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 3, 63 Stat. 208; Pub. L. 97-269,

title V, Sec. 502(a), Sept. 27, 1982, 96 Stat. 1145; Pub. L.

104-106, div. E, title LVI, Sec. 5607(f), Feb. 10, 1996, 110 Stat.

702.)

-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.

In subsecs. (a) and (d), references to the appropriate sections

of title 10 were substituted for references to sections 2(c)(1) to

(6), (10), (12), (15), (17), 3, 4, 5, 6, and 10 of the Armed

Services Procurement Act of 1947 (Public Law 413, 80th Congress),

on authority of section 49(b) of act Aug. 10, 1956, ch. 1041, 70A

Stat. 640, section 1 of which enacted Title 10, Armed Forces. Prior

to the enactment of Title 10, sections 2 to 6 and 10 of the Armed

Services Procurement Act of 1947 were classified to sections 151 to

155 and 159 of Title 41, Public Contracts. Cited sections of the

Act were restated in sections of Title 10 as follows:

Act Title 10

--------------------------------------------------------------------

2(c) 2304(a)

3 2305(a)-(c)

4 2306, 2313

5 2307

5(a) 2307(a)

6 2312

10 2308, 2309

--------------------------------------------------------------------

Sections 2304 and 2305 of title 10 were amended generally by Pub.

L. 98-369, and as so amended contain provisions differing from

those referred to in subsecs. (a) and (d). Section 2308 of title 10

was repealed by Pub. L. 103-355, title I, Sec. 1503(b)(1), Oct. 13,

1994, 108 Stat. 3297. For similar provisions, see section 2311 of

title 10.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-106 struck out subsec. (e) which

read as follows: "Notwithstanding subsection (e) of section 759 of

title 40, the provisions of section 759 of title 40 relating to the

procurement of automatic data processing equipment or services

shall not apply with respect to such procurement by the Central

Intelligence Agency."

1982 - Subsec. (e). Pub. L. 97-269 added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,

1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.

702.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 703 of title VII of Pub. L. 97-269 provided that: "The

provisions of titles IV and V [enacting former section 202 of Title

10, Armed Forces, and amending this section] and of this title

[which, except for enacting this note was not classified to the

Code] shall become effective upon the date of the enactment of this

Act [Sept. 27, 1982]."

PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT OR SERVICES;

CONTRACTS MADE BEFORE SEPTEMBER 27, 1982

Section 502(b) of Pub. L. 97-269 provided that: "Subsection (e)

of section 3 of the Central Intelligence Agency Act of 1949 (50

U.S.C. 403c(e)), as added by subsection (a) of this section, does

not apply to a contract made before the date of the enactment of

this Act [Sept. 27, 1982]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-FOOTNOTE-

(!1) See Codification note below.

-End-

-CITE-

50 USC Sec. 403d 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403d. Repealed. Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958,

72 Stat. 337

-MISC1-

Section, act June 20, 1949, ch. 227, Sec. 4, 63 Stat. 208,

related to education and training of officers and employees. See

section 4101 et seq. of Title 5, Government Organization and

Employees.

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. 403e 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403e. Central Intelligence Agency personnel; allowances and

benefits

-STATUTE-

(a) Travel, allowances, and related expenses for officers and

employees assigned to duty stations outside United States

Under such regulations as the Director may prescribe, the Agency,

with respect to its officers and employees assigned to duty

stations outside the several States of the United States of

America, excluding Alaska and Hawaii, but including the District of

Columbia, shall -

(1)(A) pay the travel expenses of officers and employees of the

Agency, including expenses incurred while traveling pursuant to

authorized home leave;

(B) pay the travel expenses of members of the family of an

officer or employee of the Agency when proceeding to or returning

from his post of duty; accompanying him on authorized home leave;

or otherwise traveling in accordance with authority granted

pursuant to the terms of sections 403a to 403s of this title or

any other Act;

and personal effects of an officer or employee of the Agency to

his successive posts of duty and, on the termination of his

services, to his residence at time of appointment or to a point

not more distant, or, upon retirement, to the place where he will

reside;

(D) pay the cost of packing and unpacking, transporting to and

from a place of storage, and storing the furniture and household

and personal effects of an officer or employee of the Agency,

when he is absent from his post of assignment under orders, or

when he is assigned to a post to which he cannot take or at which

he is unable to use such furniture and household and personal

effects, or when it is in the public interest or more economical

to authorize storage; but in no instance shall the weight or

volume of the effects stored together with the weight or volume

of the effects transported exceed the maximum limitations fixed

by regulations, when not otherwise fixed by law;

(E) pay the cost of packing and unpacking, transporting to and

from a place of storage, and storing the furniture and household

and personal effects of an officer or employee of the Agency in

connection with assignment or transfer to a new post, from the

date of his departure from his last post or from the date of his

departure, from his place of residence in the case of a new

officer or employee and for not to exceed three months after

arrival at the new post, or until the establishment of residence

quarters, whichever shall be shorter; and in connection with

separation of an officer or employee of the Agency, the cost of

packing and unpacking, transporting to and from a place of

storage, and storing for a period not to exceed three months, his

furniture and household and personal effects; but in no instance

shall the weight or volume of the effects stored together with

the weight or volume of the effects transported exceed the

maximum limitations fixed by regulations, when not otherwise

fixed by law.(!1)

(F) pay the travel expenses and transportation costs incident

to the removal of the members of the family of an officer or

employee of the Agency and his furniture and household and

personal effects, including automobiles, from a post at which,

because of the prevalence of disturbed conditions, there is

imminent danger to life and property, and the return of such

persons, furniture, and effects to such post upon the cessation

of such conditions; or to such other post as may in the meantime

have become the post to which such officer or employee has been

assigned.

(2) Charge expenses in connection with travel of personnel,

their dependents, and transportation of their household goods and

personal effects, involving a change of permanent station, to the

appropriation for the fiscal year current when any part of either

the travel or transportation pertaining to the transfer begins

pursuant to previously issued travel and transfer orders,

notwithstanding the fact that such travel or transportation may

not all be effected during such fiscal year, or the travel and

transfer orders may have been issued during the prior fiscal

year.

(3)(A) Order to any of the several States of the United States

of America (including the District of Columbia, the Commonwealth

of Puerto Rico, and any territory or possession of the United

States) on leave of absence each officer or employee of the

Agency who was a resident of the United States (as described

above) at time of employment, upon completion of two years'

continuous service abroad, or as soon as possible thereafter.

(B) While in the United States (as described in paragraph

(3)(A) of this subsection) (!2) on leave, the service of any

officer or employee shall be available for work or duties in the

Agency or elsewhere as the Director may prescribe; and the time

of such work or duty shall not be counted as leave.

States (as described in paragraph (3)(A) of this subsection),(!2)

leave of absence granted shall be exclusive of the time actually

and necessarily occupied in going to and from the United States

(as so described) and such time as may be necessarily occupied in

awaiting transportation.

(4) Notwithstanding the provisions of any other law, transport

for or on behalf of an officer or employee of the Agency, a

privately owned motor vehicle in any case in which it shall be

determined that water, rail, or air transportation of the motor

vehicle is necessary or expedient for all or any part of the

distance between points of origin and destination, and pay the

costs of such transportation. Not more than one motor vehicle of

any officer or employee of the Agency may be transported under

authority of this paragraph during any four-year period, except

that, as a replacement for such motor vehicle, one additional

motor vehicle of any such officer or employee may be so

transported during such period upon approval, in advance, by the

Director and upon a determination, in advance, by the Director

that such replacement is necessary for reasons beyond the control

of the officer or employee and is in the interest of the

Government. After the expiration of a period of four years

following the date of transportation under authority of this

paragraph of a privately owned motor vehicle of any officer or

employee who has remained in continuous service outside the

several States of the United States of America, excluding Alaska

and Hawaii, but including the District of Columbia, during such

period, the transportation of a replacement for such motor

vehicle for such officer or employee may be authorized by the

Director in accordance with this paragraph.

(5)(A) In the event of illness or injury requiring the

hospitalization of an officer or full time employee of the Agency

incurred while on assignment abroad, in a locality where there

does not exist a suitable hospital or clinic, pay the travel

expenses of such officer or employee by whatever means the

Director deems appropriate and without regard to the Standardized

Government Travel Regulations and section 5731 of title 5, to the

nearest locality where a suitable hospital or clinic exists and

on the recovery of such officer or employee pay for the travel

expenses of the return to the post of duty of such officer or

employee. If the officer or employee is too ill to travel

unattended, the Director may also pay the travel expenses of an

attendant;

(B) Establish a first-aid station and provide for the services

of a nurse at a post at which, in the opinion of the Director,

sufficient personnel is employed to warrant such a station:

Provided, That, in the opinion of the Director, it is not

feasible to utilize an existing facility;

of an officer or full time employee of the Agency incurred in the

line of duty while such person is assigned abroad, pay for the

cost of the treatment of such illness or injury at a suitable

hospital or clinic;

(D) Provide for the periodic physical examination of officers

and employees of the Agency and for the cost of administering

inoculation or vaccinations to such officers or employees.

(6) Pay the costs of preparing and transporting the remains of

an officer or employee of the Agency or a member of his family

who may die while in travel status or abroad, to his home or

official station, or to such other place as the Director may

determine to be the appropriate place of interment, provided that

in no case shall the expense payable be greater than the amount

which would have been payable had the destination been the home

or official station.

(7) Pay the costs of travel of new appointees and their

dependents, and the transportation of their household goods and

personal effects, from places of actual residence in foreign

countries at time of appointment to places of employment and

return to their actual residences at the time of appointment or a

point not more distant: Provided, That such appointees agree in

writing to remain with the United States Government for a period

of not less than twelve months from the time of appointment.

Violation of such agreement for personal convenience of an

employee or because of separation for misconduct will bar such

return payments and, if determined by the Director or his

designee to be in the best interests of the United States, any

money expended by the United States on account of such travel and

transportation shall be considered as a debt due by the

individual concerned to the United States.

(b) Allowances and benefits comparable to those paid members of

Foreign Service; special requirements; persons detailed or

assigned from other agencies; regulations

(1) The Director may pay to officers and employees of the Agency,

and to persons detailed or assigned to the Agency from other

agencies of the Government or from the Armed Forces, allowances and

benefits comparable to the allowances and benefits authorized to be

paid to members of the Foreign Service under chapter 9 of title I

of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any

other provision of law.

(2) The Director may pay allowances and benefits related to

officially authorized travel, personnel and physical security

activities, operational activities, and cover-related activities

(whether or not such allowances and benefits are otherwise

authorized under this section or any other provision of law) when

payment of such allowances and benefits is necessary to meet the

special requirements of work related to such activities. Payment of

allowances and benefits under this paragraph shall be in accordance

with regulations prescribed by the Director. Rates for allowances

and benefits under this paragraph may not be set at rates in excess

of those authorized by section 5724 and 5724a of title 5 when

reimbursement is provided for relocation attributable, in whole or

in part, to relocation within the United States.

(3) Notwithstanding any other provision of this section or any

other provision of law relating to the officially authorized travel

of Government employees, the Director, in order to reflect Agency

requirements not taken into account in the formulation of

Government-wide travel procedures, may by regulation -

(A) authorize the travel of officers and employees of the

Agency, and of persons detailed or assigned to the Agency from

other agencies of the Government or from the Armed Forces who are

engaged in the performance of intelligence functions, and

(B) provide for payment for such travel, in classes of cases,

as determined by the Director, in which such travel is important

to the performance of intelligence functions.

(4) Members of the Armed Forces may not receive benefits under

both this section and title 37 for the same purpose. The Director

and Secretary of Defense shall prescribe joint regulations to carry

out the preceding sentence.

(5) Regulations issued pursuant to this subsection shall be

submitted to the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intelligence

of the Senate before such regulations take effect.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 4, formerly Sec. 5, 63 Stat. 209;

renumbered Sec. 4, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72

Stat. 337; amended Pub. L. 86-707, title III, Secs. 301(b), 323,

title V, Sec. 511(a)(3), (c)(2)-(5), Sept. 6, 1960, 74 Stat. 795,

798, 800, 801; Pub. L. 97-89, title V, Sec. 501, Dec. 4, 1981, 95

Stat. 1152; Pub. L. 103-359, title IV, Sec. 401, Oct. 14, 1994, 108

Stat. 3427.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec. (b)(1),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended.

Chapter 9 of title I of the Foreign Service Act of 1980 is

classified generally to subchapter IX (Sec. 4081 et seq.) of

chapter 52 of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 3901 of Title 22 and Tables.

-COD-

CODIFICATION

In subsec. (a)(3)(B), (C), "this subsection" substituted for

"this section" as the probable intent of Congress in view of the

designation of the existing provisions of this section as subsec.

(a) and the addition of subsec. (b) by Pub. L. 97-89, title V, Sec.

501, Dec. 4, 1981, 95 Stat. 1152.

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

1994 - Subsec. (a)(5)(A). Pub. L. 103-359, Sec. 401(1)(A)-(D),

struck out ", not the result of vicious habits, intemperance, or

misconduct on his part," after "the Agency" and substituted "the

Director deems" for "he shall deem", "section 5731 of title 5" for

"section 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U.S.C.

73b)", and "the recovery of such officer or employee" for "his

recovery".

Pub. L. 103-359, Sec. 401(1)(E), which directed the substitution

of "the return to the post of duty of such officer or employee" for

"his return to his post", was executed by making the substitution

for "his return to his post of duty" to reflect the probable intent

of Congress.

Subsec. (a)(5)(B). Pub. L. 103-359, Sec. 401(2), substituted "the

opinion of the Director" for "his opinion" in two places.

Subsec. (a)(5)(C). Pub. L. 103-359, Sec. 401(3), struck out ",

not the result of vicious habits, intemperance, or misconduct on

his part," after "the Agency".

1981 - Pub. L. 97-89 designated existing provisions as subsec.

(a) and added subsec. (b).

1960 - Pub. L. 86-707, Sec. 323(a), substituted "duty stations

outside the several States of the United States of America,

excluding Alaska and Hawaii, but including the District of

Columbia" for "permanent-duty stations outside the continental

United States, its territories, and possessions" in opening

provisions, and struck out subsec. (a) designation.

Par. (1)(A). Pub. L. 86-707, Sec. 511(c)(2), substituted

"pursuant to authorized home leave" for "pursuant to orders issued

by the Director in accordance with the provisions of subsection

(a)(3) of this section with regard to the granting of home leave".

Par. (1)(D). Pub. L. 86-707, Sec. 301(b), authorized payment of

cost of packing and unpacking and transporting to and from a place

of storage, extended authority to pay storage costs for an officer

or employee assigned to a post to which he cannot take or at which

he is unable to use his furniture and household personal effects by

striking out provisions which restricted such payment only to cases

where an emergency exists, empowered Director to pay storage costs

when it is in the public interest or more economical to authorize

storage, and limited weight or volume of effects stored or weight

or volume of effects transported to not more than maximum

limitations fixed by regulations, when not otherwise fixed by law.

Par. (1)(E). Pub. L. 86-707, Sec. 301(b), authorized payment of

cost of packing and unpacking and transporting to and from a place

of storage, permitted payment from date of departure from officer's

or employee's last post or from date of departure from place of

residence in the case of a new officer or employee, empowered

Director to pay storage costs in connection with separation of an

officer or employee from the Agency, and limited weight or volume

of effects stored or weight or volume of effects transported to not

more than maximum limitations fixed by regulations, when not

otherwise fixed by law.

Par. (3)(A). Pub. L. 86-707, Sec. 511(c)(3), substituted "to any

of the several States of the United States of America (including

the District of Columbia, the Commonwealth of Puerto Rico, and any

territory or possession of the United States) on leave of absence

each officer or employee of the Agency who was a resident of the

United States (as described above) at time of employment, upon

completion of two years' continuous service abroad, or as soon as

possible thereafter" for "to the United States or its Territories

and possessions on leave provided for in sections 30-30b of Title 5

[former Title 5, Executive Departments and Government Officers and

Employees], or as such sections may hereafter be amended, every

officer and employee of the agency who was a resident of the United

States or its Territories and possessions at time of employment,

upon completion of two years' continuous service abroad, or as soon

as possible thereafter: Provided, That such officer or employee has

accrued to his credit at the time of such order, annual leave

sufficient to carry him in a pay status while in the United States

for at least a thirty-day period".

Par. (3)(B). Pub. L. 86-707, Sec. 511(c)(4), substituted "United

States (as described in paragraph (3)(A) of this section) on leave,

the service of any officer or employee shall be available for work

or duties in the Agency or elsewhere as the Director may prescribe"

for "continental United States on leave, the service of any officer

or employee shall not be available for work or duties except in the

agency or for training or for reorientation for work".

Par. (3)(C). Pub. L. 86-707, Sec. 511(c)(5), substituted "returns

to the United States (as described in paragraph (3)(A) of this

section)" for "returns to the United States or its Territories and

possessions", and "from the United States (as so described)" for

"from the United States or its Territories and possessions".

Par. (4). Pub. L. 86-707, Sec. 323(b), limited transportation of

motor vehicles to one for any officer or employee during any

four-year period, and empowered Director to approve transportation

of one additional motor vehicle for replacement either during the

four-year period or after expiration of four years following date

of transportation of a motor vehicle of any officer or employee who

has remained in continuous service outside the several States,

excluding Alaska and Hawaii, but including the District of

Columbia, for such period.

Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (b) which

authorized Director to grant allowances in accordance with

provisions of section 1131(1), (2) of Title 22, Foreign Relations

and Intercourse. See pars. (1)(D) and (1)(E) of this section.

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.

CLARIFICATION OF TERMS APPLIED TO FURNITURE, HOUSEHOLD GOODS, AND

PERSONAL EFFECTS IN 1960 AMENDMENT

Section 301(d) of Pub. L. 86-707 provided that: "The term

'furniture and household and personal effects', as used in the

amendments made by this part to the Foreign Service Act of 1946, as

amended [amending section 1136 of Title 22, Foreign Relations and

Intercourse], and the Central Intelligence Agency Act of 1949, as

amended [amending this section], and the term 'household goods and

personal effects', as used in the amendments made by this part to

the Administrative Expenses Act of 1946, as amended [amending

section 73b-1 of former Title 5, Executive Departments and

Government Officers and Employees], mean such personal property of

an employee and the dependents of such employee as the Secretary of

State and the Director of Central Intelligence, as the case may be,

with respect to the term 'furniture and household and personal

effects', and the President, with respect to the term 'household

goods and personal effects', shall by regulation authorize to be

transported or stored under the amendments made by this part to

such Acts (including, in emergencies, motor vehicles authorized to

be shipped at Government expense). Such motor vehicle shall be

excluded from the weight and volume limitations prescribed by the

laws set forth in this part."

Section 301(d) of Pub. L. 86-707 was repealed by Pub. L. 89-554,

Sec. 8(a), Sept. 6, 1966, 80 Stat. 661, insofar as it is applicable

to the Administrative Expenses Act of 1946, as amended.

-EXEC-

EXECUTIVE ORDER NO. 10100

Ex. Ord. No. 10100, Jan. 28, 1950, 15 F.R. 499, which provided

for regulations governing the granting of allowances by the

Director of the Central Intelligence Agency under this section, was

revoked by section 5(a) of Ex. Ord. No. 10903, Jan. 9, 1961, 26

F.R. 217, set out under section 5921 of Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

(!2) See Codification note below.

-End-

-CITE-

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

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403e-1. Eligibility for incentive awards

-STATUTE-

(a) Scope of authority with respect to Federal employees and

members of Armed Forces

The Director of Central Intelligence may exercise the authority

granted in section 4503 of title 5, with respect to Federal

employees and members of the Armed Forces detailed or assigned to

the Central Intelligence Agency or to the Intelligence Community

Staff, in the same manner as such authority may be exercised with

respect to the personnel of the Central Intelligence Agency and the

Intelligence Community Staff.

(b) Time for exercise of authority

The authority granted by subsection (a) of this section may be

exercised with respect to Federal employees or members of the Armed

Forces detailed or assigned to the Central Intelligence Agency or

to the Intelligence Community Staff on or after a date five years

before December 9, 1983.

assigned to foreign intelligence duties

During fiscal year 1987, the Director of Central Intelligence may

exercise the authority granted in section 4503(2) of title 5 with

respect to members of the Armed Forces who are assigned to foreign

intelligence duties at the time of the conduct which gives rise to

the exercise of such authority.

(d) Payment and acceptance of award

An award made by the Director of Central Intelligence to an

employee or member of the Armed Forces under the authority of

section 4503 of title 5 or this section may be paid and accepted

notwithstanding -

(1) section 5536 of title 5; and

(2) the death, separation, or retirement of the employee or the

member of the Armed Forces whose conduct gave rise to the award,

or the assignment of such member to duties other than foreign

intelligence duties.

-SOURCE-

(Pub. L. 98-215, title IV, Sec. 402, Dec. 9, 1983, 97 Stat. 1477;

Pub. L. 99-569, title V, Sec. 503, Oct. 27, 1986, 100 Stat. 3198.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 1984, 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

1986 - Subsecs. (c), (d). Pub. L. 99-569 added subsecs. (c) and

(d).

-End-

-CITE-

50 USC Sec. 403f 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403f. General authorities of Agency

-STATUTE-

(a) In general

In the performance of its functions, the Central Intelligence

Agency is authorized to -

(1) Transfer to and receive from other Government agencies such

sums as may be approved by the Office of Management and Budget,

for the performance of any of the functions or activities

authorized under paragraphs (2) and (3) of section 403(a) of this

title, subsections (c)(6) and (d) of section 403-3 of this title,

subsections (a) and (g) (!1) of section 403-4 of this title, and

section 405 of this title, and any other Government agency is

authorized to transfer to or receive from the Agency such sums

without regard to any provisions of law limiting or prohibiting

transfers between appropriations. Sums transferred to the Agency

in accordance with this paragraph may be expended for the

purposes and under the authority of sections 403a to 403s of this

title without regard to limitations of appropriations from which

transferred;

(2) Exchange funds without regard to section 3651 of the

Revised Statutes;

(3) Reimburse other Government agencies for services of

personnel assigned to the Agency, and such other Government

agencies are authorized, without regard to provisions of law to

the contrary, so to assign or detail any officer or employee for

duty with the Agency;

(4) Authorize personnel designated by the Director to carry

firearms to the extent necessary for the performance of the

Agency's authorized functions, except that, within the United

States, such authority shall be limited to the purposes of

protection of classified materials and information, the training

of Agency personnel and other authorized persons in the use of

firearms, the protection of Agency installations and property,

and the protection of current and former Agency personnel and

their immediate families, defectors and their immediate families,

and other persons in the United States under Agency auspices;

(5) Make alterations, improvements, and repairs on premises

rented by the Agency, and pay rent therefor;

(6) Determine and fix the minimum and maximum limits of age

within which an original appointment may be made to an

operational position within the Agency, notwithstanding the

provision of any other law, in accordance with such criteria as

the Director, in his discretion, may prescribe; and

(7) Notwithstanding section 1341(a)(1) of title 31, enter into

multiyear leases for up to 15 years.

(b) Scope of authority for expenditure

(1) The authority to enter into a multiyear lease under

subsection (a)(7) of this section shall be subject to

appropriations provided in advance for -

(A) the entire lease; or

(B) the first 12 months of the lease and the Government's

estimated termination liability.

(2) In the case of any such lease entered into under subparagraph

(B) of paragraph (1) -

(A) such lease shall include a clause that provides that the

contract shall be terminated if budget authority (as defined by

section 622(2) of title 2) is not provided specifically for that

project in an appropriations Act in advance of an obligation of

funds in respect thereto;

(B) notwithstanding section 1552 of title 31, amounts obligated

for paying termination costs with respect to such lease shall

remain available until the costs associated with termination of

such lease are paid;

available to satisfy rental obligations with respect to such

lease in subsequent fiscal years in the event such lease is not

terminated early, but only to the extent those funds are in

excess of the amount of termination liability at the time of

their use to satisfy such rental obligations; and

(D) funds appropriated for a fiscal year may be used to make

payments on such lease, for a maximum of 12 months, beginning any

time during such fiscal year.

(1) Sums appropriated or otherwise made available to the Agency

for the acquisition of land that are transferred to another

department or agency for that purpose shall remain available for 3

years.

(2) The Director shall submit to the Select Committee on

Intelligence of the Senate and the Permanent Select Committee on

Intelligence of the House of Representatives a report on the

transfer of sums described in paragraph (1) each time that

authority is exercised.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 5, formerly Sec. 6, 63 Stat. 211;

June 26, 1951, ch. 151, 65 Stat. 89; renumbered Sec. 5, Pub. L.

85-507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 337; amended Pub. L.

88-448, title IV, Sec. 402(a)(28), Aug. 19, 1964, 78 Stat. 494;

Pub. L. 97-89, title V, Sec. 502, Dec. 4, 1981, 95 Stat. 1153; Pub.

L. 98-215, title IV, Sec. 401, Dec. 9, 1983, 97 Stat. 1477; Pub. L.

103-178, title V, Sec. 501(1), Dec. 3, 1993, 107 Stat. 2038; Pub.

L. 105-107, title IV, Sec. 401(a), Nov. 20, 1997, 111 Stat. 2257;

Pub. L. 105-272, title IV, Secs. 401, 403(a)(1), Oct. 20, 1998, 112

Stat. 2403, 2404; Pub. L. 106-567, title IV, Sec. 405(a), (b), Dec.

27, 2000, 114 Stat. 2849; Pub. L. 107-306, title VIII, Sec. 841(c),

Nov. 27, 2002, 116 Stat. 2431.)

-REFTEXT-

REFERENCES IN TEXT

Subsec. (g) of section 403-4 of this title, referred to in

subsec. (a)(1), was redesignated subsec. (h) of section 403-4 of

this title by Pub. L. 107-306, title III, Sec. 321(1), Nov. 27,

2002, 116 Stat. 2391.

Section 3651 of the Revised Statutes, referred to in subsec.

(a)(2), was classified to section 543 of former Title 31, and was

repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1084, the first section of which enacted Title 31, Money and

Finance.

-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 - Subsec. (c)(2). Pub. L. 107-306 substituted "a report on

the transfer of sums described in paragraph (1) each time that

authority is exercised." for "an annual report on the transfers of

sums described in paragraph (1)."

2000 - Pub. L. 106-567 added subsec. (a) and (b) headings and

subsec. (c).

1998 - Subsec. (a)(1). Pub. L. 105-272, Sec. 403(a)(1),

substituted "paragraphs (2) and (3) of section 403(a)" for

"subparagraphs (B) and (C) of section 403(a)(2)" and "(c)(6)" for

"(c)(5)" and made technical amendments to references in original

act which appear in text as references to sections 403, 403-3,

403-4 of this title.

Subsec. (a)(4). Pub. L. 105-272, Sec. 401, substituted "and the

protection of current and former Agency personnel and their

immediate families, defectors and their immediate families," for

"and the protection of Agency personnel and of defectors, their

families,".

1997 - Pub. L. 105-107 designated existing provisions as subsec.

(a), redesignated former subsecs. (a) to (f) as pars. (1) to (6),

respectively, of subsec. (a), in par. (5) substituted semicolon for

"without regard to limitations on expenditures contained in the Act

of June 30, 1932, as amended: Provided, That in each case the

Director shall certify that exception from such limitations is

necessary to the successful performance of the Agency's functions

or to the security of its activities; and", and added par. (7) and

subsec. (b).

1993 - Subsec. (a). Pub. L. 103-178 substituted "Office of

Management and Budget" for "Bureau of the Budget" and

"subparagraphs (B) and (C) of section 403(a)(2) of this title,

subsections (c)(5) and (d) of section 403-3 of this title,

subsections (a) and (g) of section 403-4 of this title, and section

405 of this title" for "sections 403 and 405 of this title".

1983 - Subsec. (f). Pub. L. 98-215 added subsec. (f).

1981 - Subsec. (d). Pub. L. 97-89 substituted "Authorize

personnel designated by the Director to carry firearms to the

extent necessary for the performance of the Agency's authorized

functions, except that, within the United States, such authority

shall be limited to the purposes of protection of classified

materials and information, the training of Agency personnel and

other authorized persons in the use of firearms, the protection of

Agency installations and property, and the protection of Agency

personnel and of defectors, their families, and other persons in

the United States under Agency auspices; and" for "Authorize

couriers and guards designated by the Director to carry firearms

when engaged in transportation of confidential documents and

materials affecting the national defense and security;".

1964 - Subsec. (f). Pub. L. 88-448 repealed subsec. (f) which

authorized employment of not more than fifteen retired officers who

must elect between civilian salary and retired pay. See section

3101 et seq. of Title 5, Government Organization and Employees.

1951 - Subsec. (f). Act June 26, 1951, added subsec. (f).

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-567, title IV, Sec. 405(c), Dec. 27, 2000, 114 Stat.

2849, provided that: "Subsection (c) of section 5 of the Central

Intelligence Agency Act of 1949 [50 U.S.C. 403f(c)], as added by

subsection (a) of this section, shall apply with respect to amounts

appropriated or otherwise made available for the Central

Intelligence Agency for fiscal years after fiscal year 2000."

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-107, title IV, Sec. 401(b), Nov. 20, 1997, 111 Stat.

2257, provided that: "The amendments made by subsection (a)

[amending this section] apply to multiyear leases entered into

under section 5 of the Central Intelligence Agency Act of 1949

[this section], as so amended, on or after October 1, 1997."

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.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-448 effective on first day of first month

which begins later than the ninetieth day following Aug. 19, 1964,

see section 403 of Pub. L. 88-448.

RESTRICTION ON TRANSFER OF FUNDS AVAILABLE TO CENTRAL INTELLIGENCE

AGENCY FOR DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

Pub. L. 107-248, title VIII, Sec. 8058(b), Oct. 23, 2002, 116

Stat. 1550, provided that: "None of the funds available to the

Central Intelligence Agency for any fiscal year for drug

interdiction and counter-drug activities may be transferred to any

other department or agency of the United States except as

specifically provided in an appropriations law."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-117, div. A, title VIII, Sec. 8063(b), Jan. 10, 2002,

115 Stat. 2261.

Pub. L. 106-259, title VIII, Sec. 8062(b), Aug. 9, 2000, 114

Stat. 688.

Pub. L. 106-79, title VIII, Sec. 8065(b), Oct. 25, 1999, 113

Stat. 1244.

Pub. L. 105-262, title VIII, Sec. 8065(b), Oct. 17, 1998, 112

Stat. 2312.

Pub. L. 105-56, title VIII, Sec. 8071(b), Oct. 8, 1997, 111 Stat.

1235.

Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.

8080(b)], Sept. 30, 1996, 110 Stat. 3009-71, 3009-104.

Pub. L. 104-61, title VIII, Sec. 8096(b), Dec. 1, 1995, 109 Stat.

671.

Pub. L. 103-335, title VIII, Sec. 8154(b), Sept. 30, 1994, 108

Stat. 2658.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 403g 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403g. Protection of nature of Agency's functions

-STATUTE-

In the interests of the security of the foreign intelligence

activities of the United States and in order further to implement

section 403-3(c)(6) of this title that the Director of Central

Intelligence shall be responsible for protecting intelligence

sources and methods from unauthorized disclosure, the Agency shall

be exempted from the provisions of sections 1 and 2 of the Act of

August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654), and the

provisions of any other law which require the publication or

disclosure of the organization, functions, names, official titles,

salaries, or numbers of personnel employed by the Agency: Provided,

That in furtherance of this section, the Director of the Office of

Management and Budget shall make no reports to the Congress in

connection with the Agency under section 607 of the Act of June 30,

1945, as amended (5 U.S.C. 947(b)).

-SOURCE-

(June 20, 1949, ch. 227, Sec. 6, formerly Sec. 7, 63 Stat. 211;

renumbered Sec. 6, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72

Stat. 337; amended Pub. L. 103-178, title V, Sec. 501(2), Dec. 3,

1993, 107 Stat. 2038; Pub. L. 105-272, title IV, Sec. 403(a)(2),

Oct. 20, 1998, 112 Stat. 2404.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 28, 1935, referred to in text, which provided for

the yearly publication of the Official Register of the United

States, was repealed by Pub. L. 86-626, title I, Sec. 101, July 12,

1960, 74 Stat. 427.

Section 607 of the Act of June 30, 1945, as amended, referred to

in text, was repealed by act Sept. 12, 1950, ch. 946, title III,

Sec. 301(85), 64 Stat. 843.

-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

1998 - Pub. L. 105-272 substituted "403-3(c)(6)" for

"403-3(c)(5)".

1993 - Pub. L. 103-178 substituted "section 403-3(c)(5) of this

title" for "the proviso of section 403(d)(3) of this title" and

"Office of Management and Budget" for "Bureau of the Budget".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

50 USC Sec. 403h 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403h. Admission of essential aliens; limitation on number

-STATUTE-

Whenever the Director, the Attorney General, and the Commissioner

of Immigration and Naturalization shall determine that the

admission of a particular alien into the United States for

permanent residence is in the interest of national security or

essential to the furtherance of the national intelligence mission,

such alien and his immediate family shall be admitted to the United

States for permanent residence without regard to their

inadmissibility under the immigration or any other laws and

regulations, or to the failure to comply with such laws and

regulations pertaining to admissibility: Provided, That the number

of aliens and members of their immediate families admitted to the

United States under the authority of this section shall in no case

exceed one hundred persons in any one fiscal year.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 7, formerly Sec. 8, 63 Stat. 212;

renumbered Sec. 7, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72

Stat. 337; Pub. L. 104-208, div. C, title III, Sec. 308(f)(6),

Sept. 30, 1996, 110 Stat. 3009-622.)

-REFTEXT-

REFERENCES IN TEXT

The immigration laws, referred to in text, are classified

generally to Title 8, Aliens and Nationality. See also section

1101(a)(17) of Title 8.

-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

1996 - Pub. L. 104-208 substituted "that the admission" for "that

the entry", "shall be admitted to" for "shall be given entry into",

and "families admitted to" for "families entering".

-CHANGE-

CHANGE OF NAME

Ex. Ord. No. 6166, Sec. 14, June 10, 1933, set out as a note

under section 901 of Title 5, Government Organization and

Employees, consolidated Bureaus of Immigration and Naturalization

of Department of Labor to form an Immigration and Naturalization

Service in Department of Labor, to be administered by a

Commissioner of Immigration and Naturalization, which was then

transferred from Department of Labor to Department of Justice by

Reorg. Plan No. V of 1940, eff. June 14, 1940, 5 F.R. 2223, 54

Stat. 1238, set out in the Appendix to Title 5. Accordingly,

"Commissioner of Immigration and Naturalization" was substituted

for "Commissioner of Immigration".

-MISC2-

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 effective, with certain transitional

provisions, on the first day of the first month beginning more than

180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,

set out as a note under section 1101 of Title 8, Aliens and

Nationality.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 2 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.

3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government

Organization and Employees.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

50 USC Sec. 403i 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403i. Repealed. Sept. 1, 1954, ch. 1208, title VI, Sec.

601(b), 68 Stat. 1115

-MISC1-

Section, acts June 20, 1949, ch. 227, Sec. 9, 63 Stat. 212; Aug.

16, 1950, ch. 719, 64 Stat. 450, related to establishment of

positions in the professional and scientific field.

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. 403j 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403j. Central Intelligence Agency; appropriations;

expenditures

-STATUTE-

(a) Notwithstanding any other provisions of law, sums made

available to the Agency by appropriation or otherwise may be

expended for purposes necessary to carry out its functions,

including -

(1) personal services, including personal services without

regard to limitations on types of persons to be employed, and

rent at the seat of government and elsewhere; health-service

program as authorized by law (5 U.S.C. 7901); rental of

news-reporting services; purchase or rental and operation of

photographic, reproduction, cryptographic, duplication, and

printing machines, equipment, and devices, and radio-receiving

and radio-sending equipment and devices, including telegraph and

teletype equipment; purchase, maintenance, operation, repair, and

hire of passenger motor vehicles, and aircraft, and vessels of

all kinds; subject to policies established by the Director,

transportation of officers and employees of the Agency in

Government-owned automotive equipment between their domiciles and

places of employment, where such personnel are engaged in work

which makes such transportation necessary, and transportation in

such equipment, to and from school, of children of Agency

personnel who have quarters for themselves and their families at

isolated stations outside the continental United States where

adequate public or private transportation is not available;

printing and binding; purchase, maintenance, and cleaning of

firearms, including purchase, storage, and maintenance of

ammunition; subject to policies established by the Director,

expenses of travel in connection with, and expenses incident to

attendance at meetings of professional, technical, scientific,

and other similar organizations when such attendance would be a

benefit in the conduct of the work of the Agency; association and

library dues; payment of premiums or costs of surety bonds for

officers or employees without regard to the provisions of section

14 (!1) of title 6; payment of claims pursuant to title 28;

acquisition of necessary land and the clearing of such land;

construction of buildings and facilities without regard to 36

Stat. 699; 40 U.S.C. 259, 267; (!1) repair, rental, operation,

and maintenance of buildings, utilities, facilities, and

appurtenances; and

(2) supplies, equipment, and personnel and contractual services

otherwise authorized by law and regulations, when approved by the

Director.

(b) The sums made available to the Agency may be expended without

regard to the provisions of law and regulations relating to the

expenditure of Government funds; and for objects of a confidential,

extraordinary, or emergency nature, such expenditures to be

accounted for solely on the certificate of the Director and every

such certificate shall be deemed a sufficient voucher for the

amount therein certified.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 8, formerly Sec. 10, 63 Stat. 212;

renumbered Sec. 8, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72

Stat. 337.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of title 6, referred to in subsec. (a)(1), was

repealed by Pub. L. 93-310, title II, Sec. 203(1), June 6, 1972, 86

Stat. 202.

The reference to 36 Stat. 699; 40 U.S.C. 259, 267, in subsec.

(a)(1), was probably meant to be a reference to section 3734 of the

Revised Statutes. Section 33 of act June 25, 1910, ch. 383, which

appears at 36 Stat. 699, amended generally section 3734 of the

Revised Statutes which was classified to sections 259 and 267 of

former Title 40, Public Buildings, Property, and Works. Section

3734 of the Revised Statutes was subsequently repealed by Pub. L.

86-249, Sec. 17(12), Sept. 9, 1959, 73 Stat. 485.

-COD-

CODIFICATION

In subsec. (a)(1), "(5 U.S.C. 7901)" substituted for "(5 U.S.C.

150)" 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.

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-

AVAILABILITY OF APPROPRIATIONS FOR CONSTRUCTION PROJECTS

Pub. L. 103-139, title VIII, Sec. 8104, Nov. 11, 1993, 107 Stat.

1463, provided that: "During the current fiscal year and

thereafter, funds appropriated for construction projects of the

Central Intelligence Agency, which are transferred to another

Agency for execution, shall remain available until expended."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-396, title IX, Sec. 9030, Oct. 6, 1992, 106 Stat.

1907.

Pub. L. 102-172, title VIII, Sec. 8030, Nov. 26, 1991, 105 Stat.

1177.

Pub. L. 101-511, title VIII, Sec. 8031, Nov. 5, 1990, 104 Stat.

1881.

Pub. L. 101-165, title IX, Sec. 9042, Nov. 21, 1989, 103 Stat.

1137.

Pub. L. 100-463, title VIII, Sec. 8074, Oct. 1, 1988, 102 Stat.

2270-29.

Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8095], Dec. 22,

1987, 101 Stat. 1329-43, 1329-79.

Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9130], Oct. 18, 1986,

100 Stat. 1783-82, 1783-128; Pub. L. 99-591, Sec. 101(c) [title IX,

Sec. 9130], Oct. 30, 1986, 100 Stat. 3341-82, 3341-128.

ACQUISITION OF CRITICAL SKILLS

Pub. L. 99-569, title V, Sec. 506, Oct. 27, 1986, 100 Stat. 3202,

provided that: "Pursuant to the authority granted in section 8 of

the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j), the

Director of Central Intelligence shall establish an undergraduate

training program with respect to civilian employees of the Central

Intelligence Agency similar in purpose, conditions, content, and

administration to the program which the Secretary of Defense is

authorized to establish under section 16 of the National Security

Act of 1959 (50 U.S.C. 402 note) for civilian employees of the

National Security Agency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title; title 5 section 5948; title 31 sections 1344, 3524.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 403k 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403k. Authority to pay death gratuities

-STATUTE-

(a)(1) The Director may pay a gratuity to the surviving

dependents of any officer or employee of the Agency who dies as a

result of injuries (other than from disease) sustained outside the

United States and whose death -

(A) resulted from hostile or terrorist activities; or

(B) occurred in connection with an intelligence activity having

a substantial element of risk.

(2) The provisions of this subsection shall apply with respect to

deaths occurring after June 30, 1974.

(b) Any payment under subsection (a) of this section -

(1) shall be in an amount equal to the amount of the annual

salary of the officer or employee concerned at the time of death;

(2) shall be considered a gift and shall be in lieu of payment

of any lesser death gratuity authorized by any other Federal law;

and

(3) shall be made under the same conditions as apply to

payments authorized by section 3973 of title 22.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 11, as added Pub. L. 96-450, title

IV, Sec. 403(a), Oct. 14, 1980, 94 Stat. 1978.)

-COD-

CODIFICATION

In subsec. (b)(3), "section 3973 of title 22" substituted for

"section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a)" on

authority of section 2401(c) of the Foreign Service Act of 1980 (22

U.S.C. 4172(c)), section 2205(10) of which repealed section 14 of

the 1956 Act (22 U.S.C. 2679a).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

50 USC Sec. 403l 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403l. Authority to accept gifts, devises and bequests

-STATUTE-

(a) Use for operational purposes prohibited

Subject to the provisions of this section, the Director may

accept, hold, administer, and use gifts of money, securities, or

other property whenever the Director determines it would be in the

interest of the United States to do so. Any gift accepted under

this section (and any income produced by any such gift) may be used

only for artistic display or for purposes relating to the general

welfare, education, or recreation of employees or dependents of

employees of the Agency or for similar purposes, and under no

circumstances may such a gift (or any income produced by any such

gift) be used for operational purposes. The Director may not accept

any gift under this section which is expressly conditioned upon any

expenditure not to be met from the gift itself or from income

produced by the gift unless such expenditure has been authorized by

law.

(b) Sale, exchange and investment of gifts

Unless otherwise restricted by the terms of the gift, the

Director may sell or exchange, or invest or reinvest, any property

which is accepted under this section, but any such investment may

only be in interest-bearing obligations of the United States or in

obligations guaranteed as to both principal and interest by the

United States.

There is hereby created on the books of the Treasury of the

United States a fund into which gifts of money, securities, and

other intangible property accepted under the authority of this

section, and the earnings and proceeds thereof, shall be deposited.

The assets of such fund shall be disbursed upon the order of the

Director for the purposes specified in subsection (a) or (b) of

this section.

(d) Taxation of gifts

For purposes of Federal income, estate, and gift taxes, gifts

accepted by the Director under this section shall be considered to

be to or for the use of the United States.

(e) "Gift" defined

For the purposes of this section, the term "gift" includes a

bequest or devise.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 12, as added Pub. L. 96-450, title

IV, Sec. 404, Oct. 14, 1980, 94 Stat. 1979.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

50 USC Sec. 403m 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403m. Misuse of Agency name, initials, or seal

-STATUTE-

(a) Prohibited acts

No person may, except with the written permission of the

Director, knowingly use the words "Central Intelligence Agency",

the initials "CIA", the seal of the Central Intelligence Agency, or

any colorable imitation of such words, initials, or seal in

connection with any merchandise, impersonation, solicitation, or

commercial activity in a manner reasonably calculated to convey the

impression that such use is approved, endorsed, or authorized by

the Central Intelligence Agency.

(b) Injunction

Whenever it appears to the Attorney General that any person is

engaged or is about to engage in an act or practice which

constitutes or will constitute conduct prohibited by subsection (a)

of this section, the Attorney General may initiate a civil

proceeding in a district court of the United States to enjoin such

act or practice. Such court shall proceed as soon as practicable to

the hearing and determination of such action and may, at any time

before final determination, enter such restraining orders or

prohibitions, or take such other action as is warranted, to prevent

injury to the United States or to any person or class of persons

for whose protection the action is brought.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 13, as added Pub. L. 97-89, title V,

Sec. 503, Dec. 4, 1981, 95 Stat. 1153.)

-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-

EFFECTIVE DATE

Section effective Oct. 1, 1981, see section 806 of Pub. L. 97-89,

set out as a note under section 1621 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

50 USC Sec. 403n 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403n. Special provisions for spouses of Central Intelligence

Agency employees applicable to Agency participants in Civil

Service Retirement and Disability System

-STATUTE-

(a) Manner and extent of applicability

The provisions of sections 2002, 2031(b)(1)-(3), 2031(f),

2031(g), 2031(h)(2), 2031(i), 2031(l), 2032, 2033, 2034, 2035,

2052(b), 2071(b), 2071(d), and 2094(b) of this title establishing

certain requirements, limitations, rights, entitlements, and

benefits relating to retirement annuities, survivor benefits, and

lump-sum payments for a spouse or former spouse of an Agency

employee who is a participant in the Central Intelligence Agency

Retirement and Disability System shall apply in the same manner and

to the same extent in the case of an Agency employee who is a

participant in the Civil Service Retirement and Disability System.

(b) Regulations

The Director of the Office of Personnel Management, in

consultation with the Director of Central Intelligence, shall

prescribe such regulations as may be necessary to implement the

provisions of this section.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 14, as added Pub. L. 97-269, title

VI, Sec. 612, Sept. 27, 1982, 96 Stat. 1154; amended Pub. L.

99-569, title III, Sec. 302(b), Oct. 27, 1986, 100 Stat. 3194; Pub.

L. 100-178, title IV, Secs. 401(b), 402(b)(3), Dec. 2, 1987, 101

Stat. 1013, 1014; Pub. L. 102-496, title VIII, Sec. 803(a)(1), Oct.

24, 1992, 106 Stat. 3251.)

-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 references to

sections 2002, 2031 to 2035, 2052, 2071, and 2094 of this title for

references in original to sections 204, 221 to 225, 232, 234 and

263 of the Central Intelligence Agency Retirement Act of 1964 for

Certain Employees which were formerly set out in a note under

section 403 of this title.

1987 - Subsec. (a). Pub. L. 100-178, Sec. 402(b)(3), inserted

"232(b)," before "234(c), 234(d),".

Pub. L. 100-178, Sec. 401(b), inserted "225," after "223, 224,".

1986 - Subsec. (a). Pub. L. 99-569 inserted "224," after "223,".

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.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-178 effective Nov. 15, 1982, but not to

be construed to require forfeiture by any individual of benefits

received before Dec. 2, 1987, nor to require reduction in level of

benefits received by any individual who was receiving benefits

under section 232 of Pub. L. 88-643 before Dec. 2, 1987, see

section 402(c)-(e) of Pub. L. 100-178, set out as an Effective Date

of Amendments to Pub. L. 88-643 Prior to Enactment of Pub. L.

102-496 note under section 2001 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 302(d) of Pub. L. 99-569 provided that: "The amendments

made by this section [amending this section and provisions formerly

set out as a note under section 403 of this title] shall take

effect on October 1, 1986."

EFFECTIVE DATE

Section effective Nov. 15, 1982, see section 613 of Pub. L.

97-269 set out as an Effective Date of Amendments to Pub. L. 88-643

Prior to Enactment of Pub. L. 102-496 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.

-End-

-CITE-

50 USC Sec. 403o 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403o. Security personnel at Agency installations

-STATUTE-

(a) Special policemen: functions and powers; regulations:

promulgation and enforcement

(1) The Director may authorize Agency personnel within the United

States to perform the same functions as special policemen of the

General Services Administration perform under section 1315(a) and

(b) (!1) of title 40, with the powers set forth in that section,

except that such personnel shall perform such functions and

exercise such powers -

(A) within the Agency Headquarters Compound and the property

controlled and occupied by the Federal Highway Administration

located immediately adjacent to such Compound;

(B) in the streets, sidewalks, and the open areas within the

zone beginning at the outside boundary of such Compound and

property and extending outward 500 feet;

property; and

(D) in the streets, sidewalks, and open areas within the zone

beginning at the outside boundary of any installation or property

referred to in subparagraph (C) and extending outward 500 feet.

(2) The performance of functions and exercise of powers under

subparagraph (B) or (D) of paragraph (1) shall be limited to those

circumstances where such personnel can identify specific and

articulable facts giving such personnel reason to believe that the

performance of such functions and exercise of such powers is

reasonable to protect against physical damage or injury, or threats

of physical damage or injury, to Agency installations, property, or

employees.

(3) Nothing in this subsection shall be construed to preclude, or

limit in any way, the authority of any Federal, State, or local law

enforcement agency, or any other Federal police or Federal

protective service.

(4) The rules and regulations enforced by such personnel shall be

the rules and regulations prescribed by the Director and shall only

be applicable to the areas referred to in subparagraph (A) or (C)

of paragraph (1).

(b) Penalties for violations of regulations

The Director is authorized to establish penalties for violations

of the rules or regulations promulgated by the Director under

subsection (a) of this section. Such penalties shall not exceed

those specified in section 1315(g) (!1) of title 40.

Agency personnel designated by the Director under subsection (a)

of this section shall be clearly identifiable as United States

Government security personnel while engaged in the performance of

the functions to which subsection (a) of this section refers.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 15, as added Pub. L. 98-473, title I,

Sec. 140, Oct. 12, 1984, 98 Stat. 1973, as added Pub. L. 98-618,

title IV, Sec. 401, Nov. 8, 1984, 98 Stat. 3301; amended Pub. L.

105-107, title IV, Sec. 404, Nov. 20, 1997, 111 Stat. 2260; Pub. L.

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

-REFTEXT-

REFERENCES IN TEXT

Section 1315 of title 40, referred to in subsecs. (a)(1) and (b),

was amended generally by Pub. L. 107-296, title XVII, Sec.

1706(b)(1), Nov. 25, 2002, 116 Stat. 2316, and as so amended, the

provisions relating to functions and powers of special policemen

and penalties which were contained in subsecs. (a), (b), and (g)

have been revised and moved within the section.

-COD-

CODIFICATION

In subsec. (a)(1), "section 1315(a) and (b) of title 40"

substituted for "the first section of the Act entitled 'An Act to

authorize the Federal Works Administrator or officials of the

Federal Works Agency duly authorized by him to appoint special

policemen for duty upon Federal property under the jurisdiction of

the Federal Works Agency, and for other purposes' (40 U.S.C. 318)",

and in subsec. (b), "section 1315(g) of title 40" substituted for

"the fourth section of the Act referred to in subsection (a) of

this section (40 U.S.C. 318c)", on authority of Pub. L. 107-217,

Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of

which enacted Title 40, Public Buildings, Property, and Works.

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.

Provisions of this section were also enacted by the Intelligence

Authorization Act for fiscal year 1985, Pub. L. 98-618, title IV,

Sec. 401, Nov. 8, 1984, 98 Stat. 3301.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(5). Pub. L. 107-306 struck out par. (5) which

read as follows: "Not later than December 1, 1998, and annually

thereafter, the Director shall submit a report to the Permanent

Select Committee on Intelligence of the House of Representatives

and the Select Committee on Intelligence of the Senate that

describes in detail the exercise of the authority granted by this

subsection, and the underlying facts supporting the exercise of

such authority, during the preceding fiscal year. The Director

shall make such report available to the Inspector General of the

Central Intelligence Agency."

1997 - Subsec. (a)(1). Pub. L. 105-107, Sec. 404(1), (2),

inserted "(1)" after "(a)", substituted "powers - " for "powers

only within Agency installations, and the rules and regulations

enforced by such personnel shall be rules and regulations

promulgated by the Director.", and added subpars. (A) to (D).

Subsec. (a)(2) to (5). Pub. L. 105-107, Sec. 404(3), added pars.

(2) to (5).

DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE AGENCY

AS THE GEORGE BUSH CENTER FOR INTELLIGENCE

Reference to the headquarters compound of the Central

Intelligence Agency deemed to be a reference to the George Bush

Center for Intelligence, see section 309 of Pub. L. 105-272, set

out as a note under section 403-1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title; title 10 section 444.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 403p 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403p. Health benefits for certain former spouses of Central

Intelligence Agency employees

-STATUTE-

(a) Persons eligible

Except as provided in subsection (e) of this section, any

individual -

(1) formerly married to an employee or former employee of the

Agency, whose marriage was dissolved by divorce or annulment

before May 7, 1985;

(2) who, at any time during the eighteen-month period before

the divorce or annulment became final, was covered under a health

benefits plan as a member of the family of such employee or

former employee; and

(3) who was married to such employee for not less than ten

years during periods of service by such employee with the Agency,

at least five years of which were spent outside the United States

by both the employee and the former spouse,

is eligible for coverage under a health benefits plan in accordance

with the provisions of this section.

(b) Enrollment for health benefits

(1) Any individual eligible for coverage under subsection (a) of

this section may enroll in a health benefits plan for self alone or

for self and family if, before the expiration of the six-month

period beginning on October 1, 1986, and in accordance with such

procedures as the Director of the Office of Personnel Management

shall by regulation prescribe, such individual -

(A) files an election for such enrollment; and

(B) arranges to pay currently into the Employees Health

Benefits Fund under section 8909 of title 5 an amount equal to

the sum of the employee and agency contributions payable in the

case of an employee enrolled under chapter 89 of such title in

the same health benefits plan and with the same level of

benefits.

(2) The Director of Central Intelligence shall, as soon as

possible, take all steps practicable -

(A) to determine the identity and current address of each

former spouse eligible for coverage under subsection (a) of this

section; and

(B) to notify each such former spouse of that individual's

rights under this section.

(3) The Director of the Office of Personnel Management, upon

notification by the Director of Central Intelligence, shall waive

the six-month limitation set forth in paragraph (1) in any case in

which the Director of Central Intelligence determines that the

circumstances so warrant.

(1) Notwithstanding subsections (a) and (b) of this section and

except as provided in subsections (d), (e), and (f) of this

section, an individual -

(A) who was divorced on or before December 4, 1991, from a

participant or retired participant in the Central Intelligence

Agency Retirement and Disability System or the Federal Employees

Retirement System Special Category;

(B) who was married to such participant for not less than ten

years during the participant's creditable service, at least five

years of which were spent by the participant during the

participant's service as an employee of the Agency outside the

United States, or otherwise in a position the duties of which

qualified the participant for designation by the Director of

Central Intelligence as a participant under section 2013 of this

title; and

member at any time during the 18-month period before the date of

dissolution of the marriage to such participant;

is eligible for coverage under a health benefits plan.

(2) A former spouse eligible for coverage under paragraph (1) may

enroll in a health benefits plan in accordance with subsection

(b)(1) of this section, except that the election for such

enrollment must be submitted within 60 days after the date on which

the Director notifies the former spouse of such individual's

eligibility for health insurance coverage under this subsection.

(d) Continuation of eligibility

Notwithstanding subsections (a), (b), and (c) of this section and

except as provided in subsections (e) and (f) of this section, an

individual divorced on or before December 4, 1991, from a

participant or retired participant in the Central Intelligence

Agency Retirement and Disability System or Federal Employees'

Retirement System Special Category who enrolled in a health

benefits plan following the dissolution of the marriage to such

participant may continue enrollment following the death of such

participant notwithstanding the termination of the retirement

annuity of such individual.

(e) Remarriage before age fifty-five; continued enrollment;

restored eligibility

(1) Any former spouse who remarries before age fifty-five is not

eligible to make an election under subsection (b)(1) of this

section.

(2) Any former spouse enrolled in a health benefits plan pursuant

to an election under subsection (b)(1) of this section or to

subsection (d) of this section may continue the enrollment under

the conditions of eligibility which the Director of the Office of

Personnel Management shall by regulation prescribe, except that any

former spouse who remarries before age fifty-five shall not be

eligible for continued enrollment under this section after the end

of the thirty-one-day period beginning on the date of remarriage.

(3)(A) A former spouse who is not eligible to enroll or to

continue enrollment in a health benefits plan under this section

solely because of remarriage before age fifty-five shall be

restored to such eligibility on the date such remarriage is

dissolved by death, annulment, or divorce.

(B) A former spouse whose eligibility is restored under

subparagraph (A) may, under regulations which the Director of the

Office of Personnel Management shall prescribe, enroll in a health

benefits plan if such former spouse -

(i) was an individual referred to in paragraph (1) and was an

individual covered under a benefits plan as a family member at

any time during the 18-month period before the date of

dissolution of the marriage to the Agency employee or annuitant;

(ii) was an individual referred to in paragraph (2) and was an

individual covered under a benefits plan immediately before the

remarriage ended the enrollment.

(f) Enrollment in health benefits plan under other authority

No individual may be covered by a health benefits plan under this

section during any period in which such individual is enrolled in a

health benefits plan under any other authority, nor may any

individual be covered under more than one enrollment under this

section.

(g) "Health benefits plan" defined

For purposes of this section the term "health benefits plan"

means an approved health benefits plan under chapter 89 of title 5.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 16, as added Pub. L. 99-569, title

III, Sec. 303(a), Oct. 27, 1986, 100 Stat. 3194; amended Pub. L.

102-88, title III, Sec. 307(c), Aug. 14, 1991, 105 Stat. 433; Pub.

L. 103-178, title II, Sec. 203(c), Dec. 3, 1993, 107 Stat. 2031.)

-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. (a). Pub. L. 103-178, Sec. 203(c)(2)(A),

substituted "subsection (e)" for "subsection (c)(1)" in

introductory provisions.

Subsecs. (c), (d). Pub. L. 103-178, Sec. 203(c)(1), added

subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (e)

and (f), respectively.

Subsec. (e). Pub. L. 103-178, Sec. 203(c)(2)(B), inserted "or to

subsection (d) of this section" after "subsection (b)(1) of this

section" in par. (2).

Pub. L. 103-178, Sec. 203(c)(1)(A), redesignated subsec. (c) as

(e). Former subsec. (e) redesignated (g).

Subsecs. (f), (g). Pub. L. 103-178, Sec. 203(c)(1)(A),

redesignated subsecs. (d) and (e) as (f) and (g), respectively.

1991 - Subsec. (c)(3). Pub. L. 102-88 added par. (3).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 203(c) of Pub. L. 103-178 applicable to

individuals on and after Oct. 1, 1994, with no benefits provided

pursuant to section 203(c) payable with respect to any period

before Oct. 1, 1994, except that subsec. (d) of this section

applicable to individuals beginning Dec. 3, 1993, see section

203(e) of Pub. L. 103-178, set out as a Survivor Annuity,

Retirement Annuity, and Health Benefits for Certain Ex-Spouses of

Central Intelligence Agency Employees; Effective Date note under

section 2032 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 307(d) of Pub. L. 102-88 provided that: "The amendments

made by this section [amending this section and provisions formerly

set out as a note under section 403 of this title] shall take

effect as of October 1, 1990. No benefits provided pursuant to the

amendments made by this section shall be payable with respect to

any period before such date."

EFFECTIVE DATE

Section 303(b) of Pub. L. 99-569 provided that: "The amendment

made by this section [enacting this section] shall take effect on

October 1, 1986."

COMPLIANCE WITH BUDGET ACT

Section 307(e) of Pub. L. 102-88 provided that: "Any new spending

authority (within the meaning of section 401(c) of the

Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided

pursuant to the amendments made by this section [amending this

section and provisions formerly set out as a note under section 403

of this title] shall be effective for any fiscal year only to such

extent or in such amounts as are provided in advance in

appropriation Acts."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

50 USC Sec. 403q 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 15 - NATIONAL SECURITY

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-

Sec. 403q. Inspector General for Agency

-STATUTE-

(a) Purpose; establishment

In order to -

(1) create an objective and effective office, appropriately

accountable to Congress, to initiate and conduct independently

inspections, investigations, and audits relating to programs and

operations of the Agency;

(2) provide leadership and recommend policies designed to

promote economy, efficiency, and effectiveness in the

administration of such programs and operations, and detect fraud

and abuse in such programs and operations;

(3) provide a means for keeping the Director fully and

currently informed about problems and deficiencies relating to

the administration of such programs and operations, and the

necessity for and the progress of corrective actions; and

(4) in the manner prescribed by this section, ensure that the

Senate Select Committee on Intelligence and the House Permanent

Select Committee on Intelligence (hereafter in this section

referred to collectively as the "intelligence committees") are

kept similarly informed of significant problems and deficiencies

as well as the necessity for and the progress of corrective

actions,

there is hereby established in the Agency an Office of Inspector

General (hereafter in this section referred to as the "Office").

(b) Appointment; supervision; removal

(1) There shall be at the head of the Office an Inspector General

who shall be appointed by the President, by and with the advice and

consent of the Senate. This appointment shall be made without

regard to political affiliation and shall be solely on the basis of

integrity, compliance with the security standards of the Agency,

and prior experience in the field of foreign intelligence. Such

appointment shall also be made on the basis of demonstrated ability

in accounting, financial analysis, law, management analysis, public

administration, or auditing.

(2) The Inspector General shall report directly to and be under

the general supervision of the Director.

(3) The Director may prohibit the Inspector General from

initiating, carrying out, or completing any audit, inspection, or

investigation, or from issuing any subpoena, after the Inspector

General has decided to initiate, carry out, or complete such audit,

inspection, or investigation or to issue such subpoena, if the

Director determines that such prohibition is necessary to protect

vital national security interests of the United States.

(4) If the Director exercises any power under paragraph (3), he

shall submit an appropriately classified statement of the reasons

for the exercise of such power within seven days to the

intelligence committees. The Director shall advise the Inspector

General at the time such report is submitted, and, to the extent

consistent with the protection of intelligence sources and methods,

provide the Inspector General with a copy of any such report. In

such cases, the Inspector General may submit such comments to the

intelligence committees that he considers appropriate.

(5) In accordance with section 535 of title 28, the Inspector

General shall report to the Attorney General any information,

allegation, or complaint received by the Inspector General relating

to violations of Federal criminal law that involve a program or

operation of the Agency, consistent with such guidelines as may be

issued by the Attorney General pursuant to subsection (b)(2) of

such section. A copy of all such reports shall be furnished to the

Director.

(6) The Inspector General may be removed from office only by the

President. The President shall immediately communicate in writing

to the intelligence committees the reasons for any such removal.

It shall be the duty and responsibility of the Inspector General

appointed under this section -

(1) to provide policy direction for, and to plan, conduct,

supervise, and coordinate independently, the inspections,

investigations, and audits relating to the programs and

operations of the Agency to ensure they are conducted efficiently

and in accordance with applicable law and regulations;

(2) to keep the Director fully and currently informed

concerning violations of law and regulations, fraud and other

serious problems, abuses and deficiencies that may occur in such

programs and operations, and to report the progress made in

implementing corrective action;

(3) to take due regard for the protection of intelligence

sources and methods in the preparation of all reports issued by

the Office, and, to the extent consistent with the purpose and

objective of such reports, take such measures as may be

appropriate to minimize the disclosure of intelligence sources

and methods described in such reports; and

(4) in the execution of his responsibilities, to comply with

generally accepted government auditing standards.

(d) Semiannual reports; immediate reports of serious or flagrant

problems; reports of functional problems; reports to Congress on

urgent concerns

(1) The Inspector General shall, not later than January 31 and

July 31 of each year, prepare and submit to the Director of Central

Intelligence a classified semiannual report summarizing the

activities of the Office during the immediately preceding six-month

periods ending December 31 (of the preceding year) and June 30,

respectively. Not later than the dates each year provided for the

transmittal of such reports in section 507 of the National Security

Act of 1947 [50 U.S.C. 415b], the Director shall transmit such

reports to the intelligence committees with any comments he may

deem appropriate. Such reports shall, at a minimum, include a list

of the title or subject of each inspection, investigation, or audit

conducted during the reporting period and -

(A) a description of significant problems, abuses, and

deficiencies relating to the administration of programs and

operations of the Agency identified by the Office during the

reporting period;

(B) a description of the recommendations for corrective action

made by the Office during the reporting period with respect to

significant problems, abuses, or deficiencies identified in

subparagraph (A);

on each significant recommendation described in previous

semiannual reports, and, in a case where corrective action has

been completed, a description of such corrective action;

(D) a certification that the Inspector General has had full and

direct access to all information relevant to the performance of

his functions;

(E) a description of the exercise of the subpoena authority

under subsection (e)(5) of this section by the Inspector General

during the reporting period; and

(F) such recommendations as the Inspector General may wish to

make concerning legislation to promote economy and efficiency in

the administration of programs and operations undertaken by the

Agency, and to detect and eliminate fraud and abuse in such

programs and operations.

(2) The Inspector General shall report immediately to the

Director whenever he becomes aware of particularly serious or

flagrant problems, abuses, or deficiencies relating to the

administration of programs or operations. The Director shall

transmit such report to the intelligence committees within seven

calendar days, together with any comments he considers appropriate.

(3) In the event that -

(A) the Inspector General is unable to resolve any differences

with the Director affecting the execution of the Inspector

General's duties or responsibilities;

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

Inspector General should focus on any current or former Agency

official who -

(i) holds or held a position in the Agency that is subject to

appointment by the President, by and with the advise (!1) and

consent of the Senate, including such a position held on an

acting basis; or

(ii) holds or held the position in the Agency, including such

a position held on an acting basis, of -

(I) Executive Director;

(II) Deputy Director for Operations;

(III) Deputy Director for Intelligence;

(IV) Deputy Director for Administration; or

(V) Deputy Director for Science and Technology;

Department of Justice on possible criminal conduct by a current

or former Agency official described or referred to in

subparagraph (B);

(D) the Inspector General receives notice from the Department

of Justice declining or approving prosecution of possible

criminal conduct of any of the officials described in

subparagraph (B); or

(E) the Inspector General, after exhausting all possible

alternatives, is unable to obtain significant documentary

information in the course of an investigation, inspection, or

audit,

the Inspector General shall immediately notify and submit a report

on such matter to the intelligence committees.

(4) Pursuant to Title V of the National Security Act of 1947 [50

U.S.C. 413 et seq.], the Director shall submit to the intelligence

committees any report or findings and recommendations of an

inspection, investigation, or audit conducted by the office which

has been requested by the Chairman or Ranking Minority Member of

either committee.

(5)(A) An employee of the Agency, or of a contractor to the

Agency, who intends to report to Congress a complaint or

information with respect to an urgent concern may report such

complaint or information to the Inspector General.

(B) Not later than the end of the 14-calendar day period

beginning on the date of receipt from an employee of a complaint or

information under subparagraph (A), the Inspector General shall

determine whether the complaint or information appears credible.

Upon making such a determination, the Inspector General shall

transmit to the Director notice of that determination, together

with the complaint or information.

under subparagraph (B), the Director shall, within 7 calendar days

of such receipt, forward such transmittal to the intelligence

committees, together with any comments the Director considers

appropriate.

(D)(i) If the Inspector General does not find credible under

subparagraph (B) a complaint or information submitted under

subparagraph (A), or does not transmit the complaint or information

to the Director in accurate form under subparagraph (B), the

employee (subject to clause (ii)) may submit the complaint or

information to Congress by contacting either or both of the

intelligence committees directly.

(ii) The employee may contact the intelligence committees

directly as described in clause (i) only if the employee -

(I) before making such a contact, furnishes to the Director,

through the Inspector General, a statement of the employee's

complaint or information and notice of the employee's intent to

contact the intelligence committees directly; and

(II) obtains and follows from the Director, through the

Inspector General, direction on how to contact the intelligence

committees in accordance with appropriate security practices.

(iii) A member or employee of one of the intelligence committees

who receives a complaint or information under clause (i) does so in

that member or employee's official capacity as a member or employee

of that committee.

(E) The Inspector General shall notify an employee who reports a

complaint or information to the Inspector General under this

paragraph of each action taken under this paragraph with respect to

the complaint or information. Such notice shall be provided not

later than 3 days after any such action is taken.

(F) An action taken by the Director or the Inspector General

under this paragraph shall not be subject to judicial review.

(G) In this paragraph:

(i) The term "urgent concern" means any of the following:

(I) A serious or flagrant problem, abuse, violation of law or

Executive order, or deficiency relating to the funding,

administration, or operations of an intelligence activity

involving classified information, but does not include

differences of opinions concerning public policy matters.

(II) A false statement to Congress, or a willful withholding

from Congress, on an issue of material fact relating to the

funding, administration, or operation of an intelligence

activity.

(III) An action, including a personnel action described in

section 2302(a)(2)(A) of title 5, constituting reprisal or

threat of reprisal prohibited under subsection (e)(3)(B) of

this section in response to an employee's reporting an urgent

concern in accordance with this paragraph.

(ii) The term "intelligence committees" means the Permanent

Select Committee on Intelligence of the House of Representatives

and the Select Committee on Intelligence of the Senate.

(e) Authorities of Inspector General

(1) The Inspector General shall have direct and prompt access to

the Director when necessary for any purpose pertaining to the

performance of his duties.

(2) The Inspector General shall have access to any employee or

any employee of a contractor of the Agency whose testimony is

needed for the performance of his duties. In addition, he shall

have direct access to all records, reports, audits, reviews,

documents, papers, recommendations, or other material which relate

to the programs and operations with respect to which the Inspector

General has responsibilities under this section. Failure on the

part of any employee or contractor to cooperate with the Inspector

General shall be grounds for appropriate administrative actions by

the Director, to include loss of employment or the termination of

an existing contractual relationship.

(3) The Inspector General is authorized to receive and

investigate complaints or information from any person concerning

the existence of an activity constituting a violation of laws,

rules, or regulations, or mismanagement, gross waste of funds,

abuse of authority, or a substantial and specific danger to the

public health and safety. Once such complaint or information has

been received from an employee of the Agency -

(A) the Inspector General shall not disclose the identity of

the employee without the consent of the employee, unless the

Inspector General determines that such disclosure is unavoidable

during the course of the investigation or the disclosure is made

to an official of the Department of Justice responsible for

determining whether a prosecution should be undertaken; and

(B) no action constituting a reprisal, or threat of reprisal,

for making such complaint may be taken by any employee of the

Agency in a position to take such actions, unless the complaint

was made or the information was disclosed with the knowledge that

it was false or with willful disregard for its truth or falsity.

(4) The Inspector General shall have authority to administer to

or take from any person an oath, affirmation, or affidavit,

whenever necessary in the performance of his duties, which oath

(!2) affirmation, or affidavit when administered or taken by or

before an employee of the Office designated by the Inspector

General shall have the same force and effect as if administered or

taken by or before an officer having a seal.

(5)(A) Except as provided in subparagraph (B), the Inspector

General is authorized to require by subpoena the production of all

information, documents, reports, answers, records, accounts,

papers, and other data and documentary evidence necessary in the

performance of the duties and responsibilities of the Inspector

General.

(B) In the case of Government agencies, the Inspector General

shall obtain information, documents, reports, answers, records,

accounts, papers, and other data and evidence for the purpose

specified in subparagraph (A) using procedures other than by

subpoenas.

behalf of any other element or component of the Agency.

(D) In the case of contumacy or refusal to obey a subpoena issued

under this paragraph, the subpoena shall be enforceable by order of

any appropriate district court of the United States.

(6) The Inspector General shall be provided with appropriate and

adequate office space at central and field office locations,

together with such equipment, office supplies, maintenance

services, and communications facilities and services as may be

necessary for the operation of such offices.

(7) Subject to applicable law and the policies of the Director,

the Inspector General shall select, appoint and employ such

officers and employees as may be necessary to carry out his

functions. In making such selections, the Inspector General shall

ensure that such officers and employees have the requisite training

and experience to enable him to carry out his duties effectively.

In this regard, the Inspector General shall create within his

organization a career cadre of sufficient size to provide

appropriate continuity and objectivity needed for the effective

performance of his duties.

(8) Subject to the concurrence of the Director, the Inspector

General may request such information or assistance as may be

necessary for carrying out his duties and responsibilities from any

Government agency. Upon request of the Inspector General for such

information or assistance, the head of the Government agency

involved shall, insofar as is practicable and not in contravention

of any existing statutory restriction or regulation of the

Government agency concerned, furnish to the Inspector General, or

to an authorized designee, such information or assistance.

(f) Separate budget account

Beginning with fiscal year 1991, and in accordance with

procedures to be issued by the Director of Central Intelligence in

consultation with the intelligence committees, the Director of

Central Intelligence shall include in the National Foreign

Intelligence Program budget a separate account for the Office of

Inspector General established pursuant to this section.

(g) Transfer

There shall be transferred to the Office the office of the Agency

referred to as the "Office of Inspector General." The personnel,

assets, liabilities, contracts, property, records, and unexpended

balances of appropriations, authorizations, allocations, and other

funds employed, held, used, arising from, or available to such

"Office of Inspector General" are hereby transferred to the Office

established pursuant to this section.

-SOURCE-

(June 20, 1949, ch. 227, Sec. 17, as added Pub. L. 100-453, title

V, Sec. 504, Sept. 29, 1988, 102 Stat. 1910; amended Pub. L.

101-193, title VIII, Sec. 801, Nov. 30, 1989, 103 Stat. 1711; Pub.

L. 102-496, title VI, Sec. 601, Oct. 24, 1992, 106 Stat. 3187; Pub.

L. 103-359, title IV, Sec. 402, Oct. 14, 1994, 108 Stat. 3427; Pub.

L. 104-93, title IV, Sec. 403, Jan. 6, 1996, 109 Stat. 969; Pub. L.

105-107, title IV, Sec. 402, Nov. 20, 1997, 111 Stat. 2257; Pub. L.

105-272, title VII, Sec. 702(a), Oct. 20, 1998, 112 Stat. 2414;

Pub. L. 106-567, title IV, Secs. 402, 403, Dec. 27, 2000, 114 Stat.

2847, 2848; Pub. L. 107-108, title III, Sec. 309(a), Dec. 28, 2001,

115 Stat. 1399; Pub. L. 107-306, title VIII, Sec. 811(b)(2), Nov.

27, 2002, 116 Stat. 2422.)

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947, referred to in subsec. (d)(4),

is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of

the Act is classified generally to subchapter III (Sec. 413 et

seq.) of this chapter. 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 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.

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