Compilation of Intelligence Laws and Related Laws and Executive Orders of Interest to the National Intelligence Community

Compilation of Intelligence Laws and Related Laws and Executive Orders of Interest to the National Intelligence Community
Please note: The compilations of law provided at this site are
unofficial. They have been prepared by the House Office of the Legislative Counsel for the use and convenience of the Permanent Select Committee on Intelligence. The official compilation of Federal
law is the United States Code, and rules of evidence regarding the
Code have been established by statute.
108th Congress
"
1st Session
COMMITTEE PRINT
COMPILATION OF INTELLIGENCE LAWS AND RELATED LAWS AND EXECUTIVE ORDERS OF INTEREST
TO THE NATIONAL INTELLIGENCE COMMUNITY
As Amended through March 25, 2003
PREPARED FOR THE USE OF THE
PERMANENT SELECT COMMITTEE ON
INTELLIGENCE
OF THE
HOUSE OF REPRESENTATIVES
JUNE 2003
Printed for the use of the Permanent Select Committee on Intelligence
of the House of Representatives
COMPILATION OF INTELLIGENCE LAWS AND RELATED LAWS AND EXECUTIVE ORDERS OF
INTEREST TO THE NATIONAL INTELLIGENCE COMMUNITY
108th Congress
"
1st Session
COMMITTEE PRINT
COMPILATION OF INTELLIGENCE LAWS AND RELATED LAWS AND EXECUTIVE ORDERS OF INTEREST
TO THE NATIONAL INTELLIGENCE COMMUNITY
As Amended through March 25, 2003
PREPARED FOR THE USE OF THE
PERMANENT SELECT COMMITTEE ON
INTELLIGENCE
OF THE
HOUSE OF REPRESENTATIVES
JUNE 2003
Printed for the use of the Permanent Select Committee on Intelligence
of the House of Representatives
U.S. GOVERNMENT PRINTING OFFICE
78–633
WASHINGTON
:
2003
For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: http://bookstore.gpo.gov Phone: (202) 512–1800 Fax: (202) 512–2250
Mail: Stop SSOP, Washington, DC 20402–0001
PERMANENT SELECT COMMITTEE ON INTELLIGENCE OF THE HOUSE OF
REPRESENTATIVES
PORTER J. GOSS, Florida, Chairman
DOUG BEREUTER, Nebraska
JANE HARMAN, California
SHERWOOD L. BOEHLERT, New York
ALCEE L. HASTINGS, Florida
JIM GIBBONS, Nevada
SILVESTRE REYES, Texas
RAY LAHOOD, Illinois
LEONARD L. BOSWELL, Iowa
RANDY ‘‘DUKE’’ CUNNINGHAM, California
COLLIN C. PETERSON, Minnesota
PETER HOEKSTRA, Michigan
ROBERT E. (BUD) CRAMER JR., Alabama
RICHARD BURR, North Carolina
ANNA G. ESHOO, California
TERRY EVERETT, Alabama
RUSH D. HOLT, New Jersey
ELTON GALLEGLY, California
C. A. DUTCH RUPPERSBERGER, Maryland
MAC COLLINS, Georgia
J. DENNIS HASTERT, Illinois, ex officio member
NANCY PELOSI, California, ex officio member
TIMOTHY R. SAMPLE, Staff Director
PATRICK MURRAY, Deputy Staff Director
CHRISTOPHER BARTON, Chief Counsel
CHRISTINE HEALEY, Democratic Counsel
(II)
FOREWORD
This Committee Print gathers together in one publication those
statutes which are within the jurisdiction of the House Permanent
Select Committee on Intelligence and statutes and Executive orders
which are of interest to the Committee and the intelligence
community.
Amended through March 25, 2003, the print will be updated
when necessary to reflect significant changes in the laws and
Executive orders which bear on intelligence activities.
PORTER GOSS,
Chairman, Permanent Select Committee on Intelligence.
(III)
For changes after the closing date of this publication (March
25, 2003) to provisions of law in this publication, see the United
States Code Classification Tables published by the Office of the
Law Revision Counsel of the House of Representatives at
http://uscode.house.gov/uscct.htm.
(IV)
CONTENTS
I. INTELLIGENCE AGENCY STATUTES
A. CENTRAL INTELLIGENCE AGENCY
Page
National Security Act of 1947 .................................................................................
Central Intelligence Agency Act of 1949 ................................................................
Central Intelligence Agency Retirement Act (with related laws and Executive
orders) ...................................................................................................................
Central Intelligence Agency Voluntary Separation Pay Act ................................
3
63
87
147
B. NATIONAL SECURITY AGENCY
National Security Agency Act of 1959 ...................................................................
Title III of the Internal Security Act of 1950 ........................................................
151
161
C. OTHER INTELLIGENCE STATUTES
Foreign Intelligence Surveillance Act of 1978 .......................................................
Classified Information Procedures Act ..................................................................
Intelligence Identities Protection Act of 1982 .......................................................
Central Intelligence Agency Information Act ........................................................
Section 137 of title 10, United States Code (Under Secretary of Defense
for Intelligence) ....................................................................................................
Chapter 21 of title 10, United States Code (Department of Defense
Intelligence Matters) ............................................................................................
Chapter 22 of title 10, United States Code (National Imagery and Mapping
Agency) ..................................................................................................................
National Imagery and Mapping Agency Act of 1996 ............................................
Chapters 81 and 83 of title 10, United States Code (Defense Intelligence
Agency Civilian Personnel) .................................................................................
David L. Boren National Security Education Act of 1991 ....................................
D. HOMELAND SECURITY INFORMATION ANALYSIS
PROTECTION
AND
163
205
212
213
215
217
221
229
233
243
INFRASTRUCTURE
Title II of the Homeland Security Act of 2002 ......................................................
255
E. ANNUAL INTELLIGENCE ACTIVITIES AUTHORIZATION ACTS
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Intelligence
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Authorization
Act
Act
Act
Act
Act
Act
Act
Act
Act
Act
Act
Act
Act
Act
Act
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Fiscal
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
(V)
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
1992
1991
1990
1989
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
275
339
349
377
397
401
407
417
423
441
449
451
453
455
457
VI
Page
Intelligence Authorization Act for Fiscal Year 1987 .............................................
Intelligence Authorization Act for Fiscal Year 1986 .............................................
Intelligence Authorization Act for Fiscal Year 1985 .............................................
Intelligence Authorization Act for Fiscal Year 1984 .............................................
Intelligence Authorization Act for Fiscal Year 1982 .............................................
List of Intelligence Authorization Acts ..................................................................
461
465
469
471
473
475
II. SELECTED LAWS OF INTEREST TO THE NATIONAL INTELLIGENCE
COMMUNITY
A. USA PATRIOT ACT
USA Patriot Act .......................................................................................................
B. DISCLOSURE
AND
PROTECTION
OF
479
INFORMATION
Section 552 of title 5, United States Code (the ‘‘Freedom of Information
Act’’) .......................................................................................................................
Section 552a of title 5, United States Code (the ‘‘Privacy Act’’) ..........................
Selected sections of the Right to Financial Privacy Act of 1978 (exemption
for intelligence agencies; reporting requirement) ..............................................
Section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(b))
(reporting requirements and national security exemption) ..............................
Section 2709 of title 18, United States Code (counterintelligence access to
telephone, toll, and transactional records) .........................................................
Chapter 37 and section 3239 of title 18, United States Code (espionage,
censorship, and venue) ........................................................................................
Section 4 of the Subversive Activities Control Act of 1950 (the ‘‘Scarbeck
Act’’) .......................................................................................................................
Section 952 of title 18, United States Code (diplomatic codes and
correspondence) ....................................................................................................
Sections 1702 and 1703 of title 18, United States Code (tampering with
the mails) ..............................................................................................................
Section 3623(d) of title 39, United States Code (mail classification) ...................
Section 716 of title 31, United States Code (access to agency records by
Comptroller General) ...........................................................................................
Chapter 17 of title 35, United States Code (secrecy of certain inventions) ........
Chapters 2, 12, and 18 of the Atomic Energy Act of 1954 (protection of
atomic energy information) .................................................................................
Section 705 of the Communications Act of 1934 (47 U.S.C. 605) (unauthorized
publication of communications) ...........................................................................
Sections 102, 103, and 104 of the Revised Statutes of the United States
(2 U.S.C. 192–194) (Congressional investigations) ............................................
Sections 6002 and 6005 of title 18, United States Code (testimonial
immunity) .............................................................................................................
Section 8(b) of the Inspector General Act of 1978 .................................................
Section 8H of the Inspector General Act of 1978 ..................................................
Computer Security Act of 1987 ...............................................................................
Section 618 of the Treasury, Postal Service and General Government
Appropriations Act, 1990 .....................................................................................
615
625
642
647
649
651
659
661
662
663
664
666
671
692
696
697
699
700
703
709
C. CONGRESSIONAL OVERSIGHT
Title V of the National Security Act of 1947 (50 U.S.C. 413) (accountability
for intelligence activities) ....................................................................................
Section 654 of the Foreign Assistance Act of 1961 (22 U.S.C. 2414) ...................
Section 112b of title 1, United States Code (United States international
agreements) (the ‘‘Case Act’’) ..............................................................................
711
721
722
D. REGISTRATION LAWS
Section 951 of title 18, United States Code (agents of foreign governments) .....
Foreign Agents Registration Act of 1938, as amended .........................................
Act of August 1, 1956 (registration of certain persons trained in foreign
espionage systems) ...............................................................................................
723
725
738
VII
Page
E. IMMIGRATION LAWS
Selected provisions of the Immigration and Nationality Act ...............................
Section 13 of Public Law 85–316 (8 U.S.C. 1255b) (adjustment of status
of certain nonimmigrants to that of permanent resident alien) .......................
741
783
F. BUDGET-RELATED LAWS
Section 3524 of title 31, United States Code (unvouchered expenditures) .........
Sections 109, 610, and 614 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151g, 2360, and 2364) ........................................................................................
Sections 9012, 9014, 9029, 9030, 9038, 9069, 9078, 9105, 9124, and 9165
of the Department of Defense Appropriations Act, 1993 (P.L. 102–396) ........
Sections 8104, 8105, and 8107 of the Department of Defense Appropriations
Act, 1994 (P.L. 103–139) ......................................................................................
Sections 8005, 8008, 8030, 8081, 8082-8085, 8092, 8114, 8131, and 8154
of the Department of Defense Appropriations Act, 1995 (P.L. 103–335) ........
Sections 1341, 1342, 1350, and 1351 of title 31, United States Code (the
‘‘Anti-Deficiency Act’’ and related provisions) ....................................................
Sections 1535 and 1536 of title 31, United States Code (the ‘‘Economy Act’’) ....
Sections 1551–1558 of title 31, United States Code (also Closing Appropriations Accounts) .....................................................................................................
Chapter 5 of the Arms Export Control Act (Special Defense Acquisition Fund)
785
787
790
793
794
797
799
801
805
G. NARCOTICS RELATED LAWS
Title I and sections 4801, 6483, and 7605 of the Anti-Drug Abuse Act of
1988 .......................................................................................................................
Section 124 of title 10, United States Code ...........................................................
Section 1012 of the National Defense Authorization Act for Fiscal Year 1995 ..
807
823
824
H. MERCENARY LAWS
Sections 956 through 960 of title 18, United States Code (certain private
activities with respect to foreign countries) .......................................................
I. RESTRICTIONS
ON
EMPLOYMENT
OF
OFFICERS
OF THE
827
UNITED STATES
Clause 8 of Article I, section 9, of the United States Constitution .....................
Sections 207 and 219 of title 18, United States Code ...........................................
Section 908 of title 37, United States Code ...........................................................
829
830
843
J. PERSONNEL-RELATED LAWS
Chapter 12 of title 5, United States Code (Merit Systems Protection Board
and Special Counsel) ............................................................................................
Section 3330 of title 5, United States Code (Government-wide list of vacant
positions) ...............................................................................................................
Section 3502 of title 5, United States Code (order of retention in reductions
in force) .................................................................................................................
Section 5597 of title 5, United States Code (separation pay) ..............................
Section 6304 of title 5, United States Code (accumulated annual and sick
leave) .....................................................................................................................
Subchapter III of chapter 73 of title 5, United States Code (provisions relating
to the Hatch Act) ..................................................................................................
Section 8905a of title 5, United States Code (continued health insurance
coverage) ...............................................................................................................
Sections 4 and 5 of the Federal Workforce Restructuring Act of 1994 ...............
Section 316 of title 37, United States Code ...........................................................
Sections 602, 603, 613, 618-620, 624-626, 628-630, and 632 of the Treasury,
Postal Service and General Government Appropriations Act, 1995 ................
845
865
866
869
872
875
879
884
887
889
K. MISCELLANEOUS RELEVANT LAWS
Communications Assistance for Law Enforcement (47 U.S.C. 1001–1010) ........
National Emergencies Act (50 U.S.C. 1601–1651) ................................................
War Powers Resolution (50 U.S.C. 1541–1548) ....................................................
Miscellaneous provisions from the Foreign Assistance Act of 1961 (22 U.S.C.
2301–44) ................................................................................................................
895
908
913
918
VIII
Page
Title II of the State Department Basic Authorities Act of 1956 (relating
to the regulation of Foreign Missions) ................................................................
Section 1385 of title 18, United States Code (the ‘‘Posse Comitatus Act’’) .........
Chapters 8, 18, 141, and 148 of title 10, United States Code (Military Cooperation With Civilian Law Enforcement Officials) ........................................
Section 1101 of Public Law 90–351 (Tenure and Senate confirmation of FBI
Director) ................................................................................................................
Section 203(b) of Public Law 98–411 (FBI undercover operations) .....................
Section 1121 of the National Defense Authorization Act for Fiscal Years
1988 and 1989 (polygraph program) ...................................................................
Section 1114 of title 18, United States Code (Assault on intelligence officers) ..
Sections 154–164 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 ......................................................................................................
Sections 921, 923, 924 of the National Defense Authorization Act for Fiscal
Year 1992 and 1993 .............................................................................................
Sections 141, 241, 1331, 1503 of the National Defense Authorization Act
for Fiscal Year 1993 .............................................................................................
Section 1004 of the National Defense Authorization Act for Fiscal Year 1991 ..
Section 1542 of the Housing and Community Development Act of 1992 (P.L.
102–550) ................................................................................................................
Title IX of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 .......................................................................................................................
941
957
958
969
970
973
975
976
983
986
991
994
996
L. COUNTRY-SPECIFIC LEGISLATIVE RESTRICTIONS
Sections 106 and 107 of Public Law 99–569 (Intelligence Authorization Act
for Fiscal Year 1987) (Nicaragua) .......................................................................
Section 9045 of Public Law 99–591 (Dept. of Defense Appropriations Act,
1987) (Nicaragua) .................................................................................................
Section 722 of Public Law 99–83 (International Security Development
Cooperation Act of 1985) (Nicaragua) ................................................................
Section 1351 of Public Law 99–661 (National Defense Authorization Act for
Fiscal Year 1987) (Nicaragua) .............................................................................
Act of April 18, 1989 (Nicaragua) ...........................................................................
Act of October 21, 1989 (Nicaragua) ......................................................................
Section 8144 of the Department of Defense Appropriations Act, 1988
(Nicaragua) ...........................................................................................................
Section 906 of the International Security and Development Cooperation Act
of 1985 (Cambodia) ..............................................................................................
M. CITATIONS
TO
OTHER STATUTES
OF
TO THE
1002
1003
1004
1005
1009
1010
1011
INTELLIGENCE INTEREST
Personnel ..................................................................................................................
Procurement .............................................................................................................
Immigration .............................................................................................................
Use of funds .............................................................................................................
Information protection .............................................................................................
Environmental national security exemption .........................................................
Other .........................................................................................................................
N. PROVISIONS RELATING
1001
USA PATRIOT ACT
AND
1013
1014
1014
1015
1015
1015
1016
FISA
Section 203 Guidelines ............................................................................................
Section 905(a) Guidelines ........................................................................................
Section 905(b) Guidelines ........................................................................................
United States Foreign Intelligence Surveillance Court of Review: Sealed Case
No. 02–011 ............................................................................................................
1017
1020
1027
1030
III. EXECUTIVE ORDERS RELATING TO THE NATIONAL INTELLIGENCE
COMMUNITY
Executive Order No. 10450, Security Requirements for Government
Employment ..........................................................................................................
Executive Order No. 12139, Exercise of Certain Authority Respecting
Electronic Surveillance ........................................................................................
Executive Order No. 12537, President’s Foreign Intelligence Advisory Board ..
Executive Order No. 12333, United States Intelligence Activities ......................
Executive Order No. 12334, President’s Intelligence Oversight Board ...............
1063
1067
1069
1071
1083
IX
Page
Executive Order No. 12356, National Security Information ................................
Executive Order No. 12863, President’s Foreign Intelligence Advisory Board ..
Executive Order No. 12958, Classified National Security Information ..............
Executive Order No. 12968, Access to Classified Information .............................
Executive Order No. 13284, Amendment of Executive Orders, and Other
Actions, in Connection With the Establishment of the Department of Homeland Security ........................................................................................................
Executive Order No. 13292, Further Amendment to Executive Order 12958,
as Amended, Classified National Security Information ....................................
1085
1095
1097
1113
1121
1125
IV. ESTABLISHMENT OF CONGRESSIONAL INTELLIGENCE COMMITTEES
Rule X of the Rules of the House of Representatives:
Clause 11. Permanent Select Committee on Intelligence ............................. 1143
Rule XXIII of the Rules of the House of Representatives (Code of Official
Conduct) ................................................................................................................ 1149
S. Res. 400 from the 94th Congress (establishment of Senate Select
Committee on Intelligence) ................................................................................. 1151
I. INTELLIGENCE AGENCY STATUTES
1
A. CENTRAL INTELLIGENCE AGENCY
NATIONAL SECURITY ACT OF 1947
(Chapter 343; 61 Stat. 496; approved July 26, 1947)
AN ACT To promote the national security by providing for a Secretary of Defense;
for a National Military Establishment; for a Department of the Army, a Department of the Navy, and a Department of the Air Force; and for the coordination
of the activities of the National Military Establishment with other departments
and agencies of the Government concerned with the national security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SHORT TITLE
That ø50 U.S.C. 401 note¿ this Act may be cited as the
‘‘National Security Act of 1947’’.
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
Sec. 3. Definitions. 1
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE I—COORDINATION FOR NATIONAL SECURITY
101. National Security Council.
102. Office of the Director of Central Intelligence.
102A. Central Intelligence Agency.
103. Responsibilities of the Director of Central Intelligence.
104. Authorities of the Director of Central Intelligence.
105. Responsibilities of the Secretary of Defense pertaining to the National
Foreign Intelligence Program.
105A. Assistance to United States law enforcement agencies.
105B. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources.
105C. Protection of the operational files of the National Imagery and Mapping
Agency.
105D. Protection of operational files of the National Reconnaissance Office.
106. Appointment of officials responsible for intelligence-related activities.
107. National Security Resources Board.
108. Annual National Security Strategy Report.
104. Annual national security strategy report. 2
109. Annual report on intelligence.
110. National mission of National Imagery and Mapping Agency.
111. Collection tasking authority.
112. Restrictions on intelligence sharing with the United Nations.
113. Detail of intelligence community personnel—intelligence community
assignment program.
114. Additional annual reports from the Director of Central Intelligence.
114A. Annual report on improvement of financial statements for auditing purposes.
115. Limitation on establishment or operation of diplomatic intelligence
support centers.
116. Travel on any common carrier for certain intelligence collection personnel.
1 Item
editorially inserted.
section was redesignated as section 108 by section 705(a)(2) of P.L. 102–496, but this
entry in the table of contents was not repealed.
2 This
3
NATIONAL SECURITY ACT OF 1947
4
Sec. 117. POW/ MIA analytic capability.
Sec. 118. Semiannual report on financial intelligence on terrorist assets.
TITLE II—THE DEPARTMENT
OF
DEFENSE
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
201.
202.
203.
204.
205.
206.
207.
208.
209.
210.
211.
212.
213.
214.
Department of Defense.
Secretary of Defense. 1
Military Assistants to the Secretary. 1
Civilian personnel. 1
Department of the Army.
Department of the Navy.
Department of the Air Force.
United States Air Force. 1
Effective date of transfers. 1
War Council. 1
Joint Chiefs of Staff. 1
Joint Staff. 1
Munitions Board. 1
Research and Development Board. 1
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
301.
301.
302.
303.
304.
305.
306.
307.
308.
309.
310.
311.
411.
National Security Agency voluntary separation.
Compensation of Secretaries. 1
Under Secretaries and Assistant Secretaries. 1
Advisory committees and personnel.
Status of transferred civilian personnel. 1
Saving provisions. 1
Transfer of funds. 1
Authorization for appropriations.
Definitions.
Separability.
Effective date.
Succession to the Presidency.
Repealing and saving provisions. 2
TITLE III—MISCELLANEOUS
TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
General congressional oversight provisions.
Reporting of intelligence activities other than covert actions.
Presidential approval and reporting of covert actions.
Funding of intelligence activities.
Notice to Congress of certain transfers of defense articles and defense
services.
Sec. 506. Specificity of National Foreign Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counterintelligence.
Sec. 507. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees.
Sec.
Sec.
Sec.
Sec.
Sec.
501.
502.
503.
504.
505.
TITLE VI—PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Sec. 601. Protection of identities of certain United States undercover intelligence
officers, agents, informants, and sources.
Sec. 602. Defenses and exceptions.
Sec. 603. Report.
Sec. 604. Extraterritorial jurisdiction.
Sec. 605. Providing information to Congress.
Sec. 606. Definitions.
TITLE VII—PROTECTION OF OPERATIONAL FILES OF THE CENTRAL
INTELLIGENCE AGENCY
Sec. 701. Exemption of certain operational files from search, review, publication, or
disclosure.
Sec. 702. Decennial review of exempted operational files.
1 Section
2 Item
repealed without amending table of contents.
editorially inserted.
5
NATIONAL SECURITY ACT OF 1947
Sec. 2
TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
Procedures.
Requests by authorized investigative agencies.
Exceptions.
Definitions.
Sec.
Sec.
Sec.
Sec.
801.
802.
803.
804.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE IX—APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES
901. Stay of sanctions.
902. Extension of stay.
903. Reports.
904. Laws subject to stay.
905. Application.
TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science
and technology.
TITLE XI—OTHER PROVISIONS
Sec. 1101. Applicability to United States intelligence activities of Federal laws implementing international treaties and agreements.
DECLARATION OF POLICY
SEC. 2. ø50 U.S.C. 401¿ In enacting this legislation, it is the
intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment
of integrated policies and procedures for the departments, agencies,
and functions of the Government relating to the national security;
to provide a Department of Defense, including the three military
Departments of the Army, the Navy (including naval aviation and
the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to 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.
DEFINITIONS
SEC. 3. ø50 U.S.C. 401a¿ As used in this Act:
(1) The term ‘‘intelligence’’ includes foreign intelligence
and counterintelligence.
(2) The term ‘‘foreign intelligence’’ means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign
persons, or international terrorist activities.
Sec. 2
NATIONAL SECURITY ACT OF 1947
6
(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 105(b)(3)), and such other offices as
the Director may designate;
(B) the Central Intelligence Agency;
(C) the National Security 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.
(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
NATIONAL SECURITY ACT OF 1947
Sec. 101
(7) The term ‘‘congressional intelligence committees’’
means—
(A) the Select Committee on Intelligence of the Senate;
and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives.
TITLE I—COORDINATION FOR NATIONAL SECURITY
NATIONAL SECURITY COUNCIL
SEC. 101. ø50 U.S.C. 402¿ (a) There is hereby established a
council to be known as the National Security Council (thereinafter
in this section referred to as the ‘‘Council’’).
The President of the United States shall preside over meetings
of the Council: Provided, That in his absence he may designate a
member of the Council to preside in his place.
The function of the Council shall be to advise the President
with respect to the integration of domestic, foreign, and military
policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security.
The Council shall be composed of 1—
(1) the President;
(2) the Vice President;
(3) the Secretary of State;
(4) the Secretary of Defense;
(5) the Director for Mutual Security;
(6) the Chairman of the National Security Resources
Board; and
(7) The Secretaries and Under Secretaries of other executive departments and the military departments, the Chairman
of the Munitions Board, and the Chairman of the Research and
Development Board, when appointed by the President by and
with the advice and consent of the Senate, to serve at his
pleasure.
(b) In addition to performing such other functions as the President may direct, for the purpose of more effectively coordinating
the policies and functions of the departments and agencies of the
Government relating to the national security, it shall, subject to
the direction of the President, be the duty of the Council—
(1) to assess and appraise the objectives, commitments,
and risks of the United States in relation to our actual and potential military power, in the interest of national security, for
the purpose of making recommendations to the President in
connection therewith; and
(2) to consider policies on matters of common interest to
the departments and agencies of the Government concerned
with the national security, and to make recommendations to
the President in connection therewith.
1 The positions of Director for Mutual Security, Chairman of the National Security Resources
Board, Chairman of the Munitions Board, and Chairman of the Research and Development
Board have been abolished by various Reorganiztion Plans. The statutory members of the National Security Council are the President, Vice President, Secretary of State, and Secretary of
Defense.
Sec. 101
NATIONAL SECURITY ACT OF 1947
8
(c) The Council shall have a staff to be headed by a civilian executive secretary who shall be appointed by the President, and who
shall receive compensation at the rate of $10,000 a year. 1 The executive secretary, subject to the direction of the Council, is hereby
authorized, subject to the civil-service laws and the Classification
Act of 1923, as amended, 2 to appoint and fix the compensation of
such personnel as may be necessary to perform such duties as may
be prescribed by the Council in connection with the performance of
its functions.
(d) The Council shall, from time to time, make such recommendations, and such other reports to the President as it deems
appropriate or as the President may require.
(e) The Chairman (or in his absence the Vice Chairman) of the
Joint Chiefs of Staff may, in his role as principal military adviser
to the National Security Council and subject to the direction of the
President, attend and participate in meetings of the National Security Council.
(f) The Director of National Drug Control Policy may, in the
role of the Director as principal adviser to the National Security
Council on national drug control policy, and subject to the direction
of the President, attend and participate in meetings of the National
Security Council.
(g) The President shall establish with the National Security
Council a board to be known as the ‘‘Board for Low Intensity Conflict’’. The principal function of the board shall be to coordinate the
policies of the United States for low intensity conflict.
(h)(1) There is established within the National Security Council a committee to be known as the Committee on Foreign Intelligence (in this subsection referred to as the ‘‘Committee’’).
(2) The Committee shall be composed of the following:
(A) The Director of Central Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
(D) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
(E) Such other members as the President may designate.
(3) The function of the Committee shall be to assist the Council
in its activities by—
(A) identifying the intelligence required to address the national security interests of the United States as specified by
the President;
(B) establishing priorities (including funding priorities)
among the programs, projects, and activities that address such
interests and requirements; and
(C) establishing policies relating to the conduct of intelligence activities of the United States, including appropriate
roles and missions for the elements of the intelligence community and appropriate targets of intelligence collection activities.
1 The specification of the salary of the head of the National Security Council staff is obsolete
and has been superseded.
2 The Classification Act of 1923 was repealed by the Classification Act of 1949. The Classification Act of 1949 was repealed by the law enacting title 5, United States Code (Public Law 89–
544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter 51 and chapter
53 of title 5. Section 7(b) of that Act (80 Stat. 631) provided: ‘‘A reference to a law replaced
by sections 1–6 of this Act, including a reference in a regulation, order, or other law, is deemed
to refer to the corresponding provision enacted by this Act.’’
9
NATIONAL SECURITY ACT OF 1947
Sec. 101
(4) In carrying out its function, the Committee shall—
(A) conduct an annual review of the national security interests of the United States;
(B) identify on an annual basis, and at such other times
as the Council may require, the intelligence required to meet
such interests and establish an order of priority for the collection and analysis of such intelligence; and
(C) conduct an annual review of the elements of the
intelligence community in order to determine the success of
such elements in collecting, analyzing, and disseminating the
intelligence identified under subparagraph (B).
(5) The Committee shall submit each year to the Council and
to the Director of Central Intelligence a comprehensive report on
its activities during the preceding year, including its activities
under paragraphs (3) and (4).
(i)(1) There is established within the National Security Council
a committee to be known as the Committee on Transnational
Threats (in this subsection referred to as the ‘‘Committee’’).
(2) The Committee shall include the following members:
(A) The Director of Central Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
(D) The Attorney General.
(E) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
(F) Such other members as the President may designate.
(3) The function of the Committee shall be to coordinate and
direct the activities of the United States Government relating to
combatting transnational threats.
(4) In carrying out its function, the Committee shall—
(A) identify transnational threats;
(B) develop strategies to enable the United States Government to respond to transnational threats identified under subparagraph (A);
(C) monitor implementation of such strategies;
(D) make recommendations as to appropriate responses to
specific transnational threats;
(E) assist in the resolution of operational and policy
differences among Federal departments and agencies in their
responses to transnational threats;
(F) develop policies and procedures to ensure the effective
sharing of information about transnational threats among
Federal departments and agencies, including law enforcement
agencies and the elements of the intelligence community; and
(G) develop guidelines to enhance and improve the coordination of activities of Federal law enforcement agencies and
elements of the intelligence community outside the United
States with respect to transnational threats.
(5) For purposes of this subsection, the term ‘‘transnational
threat’’ means the following:
(A) Any transnational activity (including international terrorism, narcotics trafficking, the proliferation of weapons of
mass destruction and the delivery systems for such weapons,
and organized crime) that threatens the national security of
the United States.
Sec. 102
NATIONAL SECURITY ACT OF 1947
10
(B) Any individual or group that engages in an activity referred to in subparagraph (A).
(j) 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) 1 It is the sense of the Congress that there should be within
the staff of the National Security Council a Special Adviser to the
President on International Religious Freedom, whose position
should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of religious
freedom (as defined in section 3 of the International Religious Freedom Act of 1998), and making policy recommendations. The Special
Adviser should serve as liaison with the Ambassador at Large for
International Religious Freedom, the United States Commission on
International Religious Freedom, Congress and, as advisable, religious nongovernmental organizations.
OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE
SEC. 102. ø50 U.S.C. 403¿ (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.
(c) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS.—
(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)—
1 So in law. Probably should be subsection (k). Section 301 of Public Law 105–292, Oct. 27,
1998, inserts a new subsection (i) at the end of section 101 of the National Security Act of 1947.
11
NATIONAL SECURITY ACT OF 1947
Sec. 102
(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
(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of that officer.
(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.
(C) Through the Assistant Director of Central Intelligence
for 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.
Sec. 102
NATIONAL SECURITY ACT OF 1947
12
(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.
(C) The Deputy Director of Central Intelligence for Community 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—
13
NATIONAL SECURITY ACT OF 1947
Sec. 103
(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;
(C) monitor the allocation of resources for the analysis and
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.
CENTRAL INTELLIGENCE AGENCY
SEC. 102A. ø50 U.S.C. 403–1¿ 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 103(d) of this Act.
RESPONSIBILITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE
SEC. 103. ø50 U.S.C. 403–3¿ (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;
(C) to the Chairman of the Joint Chiefs of Staff and senior
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.
1 So
in original. Probably should be ‘‘national’’.
Sec. 103
NATIONAL SECURITY ACT OF 1947
14
(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
(C) otherwise assist the Director in carrying out the responsibilities described in subsection (a).
(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.
(c) HEAD OF THE INTELLIGENCE COMMUNITY.—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;
15
NATIONAL SECURITY ACT OF 1947
Sec. 104
(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 THE 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.
AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE
SEC. 104. ø50 U.S.C. 403–4¿ (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
Sec. 104
NATIONAL SECURITY ACT OF 1947
16
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.
(c) ROLE OF DCI IN REPROGRAMMING.—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 THE 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.
17
NATIONAL SECURITY ACT OF 1947
Sec. 104
(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 the date of the enactment
of this section.
(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 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), 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.
Sec. 105
NATIONAL SECURITY ACT OF 1947
18
RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO
THE NATIONAL FOREIGN INTELLIGENCE PROGRAM
SEC. 105. ø50 U.S.C. 403–5¿ (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 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 THE PERFORMANCE OF SPECIFIC FUNCTIONS.—Consistent with sections 103 and 104 of this Act, the Secretary of Defense shall ensure—
(1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization
for the conduct of signals intelligence activities and shall ensure that the product is disseminated in a timely manner to
authorized recipients;
(2) through the National 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;
(C) for ensuring the dissemination of imagery in a
timely manner to authorized recipients; and
(D) notwithstanding any other provision of law, for—
(i) prescribing technical architecture and standards related to imagery intelligence and geospatial information and ensuring compliance with such architecture and standards; and
19
NATIONAL SECURITY ACT OF 1947
Sec. 105
(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;
(C) the requirements of the unified and specified combatant commands and of joint operations; and
(D) the specialized requirements of the military departments for intelligence necessary to support tactical
commanders, military planners, the research and development process, the acquisition of military equipment, and
training and doctrine.
(c) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.—The Secretary of Defense, in carrying out the functions described in this
section, may use such elements of the Department of Defense as
may be appropriate for the execution of those functions, in addition
to, or in lieu of, the elements identified in this section.
(d) ANNUAL EVALUATION OF PERFORMANCE AND RESPONSIVENESS OF CERTAIN ELEMENTS OF INTELLIGENCE COMMUNITY.—(1)
Not later each year than the date provided in section 507, 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.
Sec. 105A
NATIONAL SECURITY ACT OF 1947
20
(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.
ASSISTANCE TO UNITED STATES LAW ENFORCEMENT AGENCIES
SEC. 105A. ø50
SISTANCE.—Subject
U.S.C. 403–5a¿ (a) AUTHORITY TO PROVIDE ASto subsection (b), elements of the intelligence
community may, upon the request of a United States law enforcement agency, collect information outside the United States about
individuals who are not United States persons. Such elements may
collect such information notwithstanding that the law enforcement
agency intends to use the information collected for purposes of a
law enforcement investigation or counterintelligence investigation.
(b) LIMITATION ON ASSISTANCE BY ELEMENTS OF DEPARTMENT
OF DEFENSE.—(1) With respect to elements within the Department
of Defense, the authority in subsection (a) applies only to the following:
(A) The National Security Agency.
(B) The National Reconnaissance Office.
(C) The National Imagery and Mapping Agency.
(D) The Defense Intelligence Agency.
(2) Assistance provided under this section by elements of the
Department of Defense may not include the direct participation of
a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.
(3) Assistance may not be provided under this section by an
element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the
United States.
(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of
the Department of Defense, including regulations relating to the
protection of sources and methods in the exercise of such authority.
(c) DEFINITIONS.—For purposes of subsection (a):
(1) The term ‘‘United States law enforcement agency’’
means any department or agency of the Federal Government
that the Attorney General designates as law enforcement agency for purposes of this section.
(2) The term ‘‘United States person’’ means the following:
(A) A United States citizen.
(B) An alien known by the intelligence agency
concerned to be a permanent resident alien.
(C) An unincorporated association substantially
composed of United States citizens or permanent resident
aliens.
(D) A corporation incorporated in the United States,
except for a corporation directed and controlled by a foreign government or governments.
DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN
INTELLIGENCE SOURCES
SEC. 105B. ø50 U.S.C. 403–5b¿ (a) DISCLOSURE OF FOREIGN INTELLIGENCE.—(1) Except as otherwise provided by law and subject
21
NATIONAL SECURITY ACT OF 1947
Sec. 105C
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 the date of enactment of this section,
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.
(c) PROCEDURES.—The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) and the provision of notice
with respect to criminal investigations under subsection (b).
PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY
SEC. 105C. ø50 U.S.C. 403–5c¿ (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,
United States Code, which require publication, disclosure, search,
or review in connection therewith.
(2)(A) Subject to subparagraph (B), for the purposes of this section, the term ‘‘operational files’’ means files of the National 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.
Sec. 105C
NATIONAL SECURITY ACT OF 1947
22
(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning—
(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title
5, United States Code;
(B) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
(C) the specific subject matter of an investigation by any
of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
(i) The congressional intelligence committees.
(ii) The Intelligence Oversight Board.
(iii) The Department of Justice.
(iv) The Office of General Counsel of 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.
(C) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted
under paragraph (1) and which have been returned to exempted
operational files for sole retention shall be subject to search and review.
(5) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the
enactment of this section, and which specifically cites and repeals
or modifies its provisions.
(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title
5, United States Code, alleges that 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, United States Code.
(B) Judicial review shall not be available in the manner provided for under subparagraph (A) as follows:
(i) In any case in which information specifically authorized
under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is
filed with, or produced for, the court by 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
23
NATIONAL SECURITY ACT OF 1947
Sec. 105C
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, United States Code, by demonstrating to
the court by sworn written submission that exempted operational files likely to contain responsible records currently perform the functions set forth in 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, United States Code, and
such order shall be the exclusive remedy for failure to comply
with this subsection.
(vii) If at any time following the filing of a complaint pursuant to this paragraph 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) 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 Co-
Sec. 105D
NATIONAL SECURITY ACT OF 1947
24
lumbia. 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 the date of the enactment of this section or before the
expiration of the 10-year period beginning on the date of the
most recent review.
(B) Whether NIMA, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.
PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE
SEC. 105D. ø50 U.S.C. 403–5e¿ (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, United States Code, which
require publication, disclosure, search, or review in connection
therewith.
(2)(A) Subject to subparagraph (B), for the purposes of this section, the term ‘‘operational files’’ means files of the National Reconnaissance Office (hereafter in this section referred to as ‘‘NRO’’)
that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
(B) Files which are the sole repository of disseminated intelligence are not operational files.
(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning—
(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title
5, United States Code;
(B) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
(C) the specific subject matter of an investigation by any
of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
(i) The Permanent Select Committee on Intelligence of
the House of Representatives.
(ii) The Select Committee on Intelligence of the Senate.
(iii) The Intelligence Oversight Board.
(iv) The Department of Justice.
(v) The Office of General Counsel of NRO.
(vi) The Office of the Director of NRO.
(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
25
NATIONAL SECURITY ACT OF 1947
Sec. 105D
affect the exemption under paragraph (1) of the originating operational files from search, review, publication, or disclosure.
(C) The declassification of some of the information contained in
exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or
disclosure.
(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted
under paragraph (1) and which have been returned to exempted
operational files for sole retention shall be subject to search and review.
(5) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the
enactment of this section, and which specifically cites and repeals
or modifies its provisions.
(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title
5, United States Code, alleges that NRO has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in
section 552(a)(4)(B) of title 5, United States Code.
(B) Judicial review shall not be available in the manner provided for under subparagraph (A) as follows:
(i) In any case in which information specifically authorized
under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is
filed with, or produced for, the court by NRO, such information
shall be examined ex parte, in camera by the court.
(ii) The court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of
the parties.
(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NRO shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating to
the court by sworn written submission that exempted operational files likely to contain 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
Sec. 106
NATIONAL SECURITY ACT OF 1947
26
comply with any provision of this subsection, the court shall
order NRO to search and review the appropriate exempted
operational file or files for the requested records and make
such records, or portions thereof, available in accordance with
the provisions of section 552 of title 5, United States Code, and
such order shall be the exclusive remedy for failure to comply
with this subsection.
(vii) If at any time following the filing of a complaint pursuant to this paragraph NRO agrees to search the appropriate
exempted operational file or files for the requested records, the
court shall dismiss the claim based upon such complaint.
(viii) Any information filed with, or produced for the court
pursuant to clauses (i) and (iv) shall be coordinated with the
Director of 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) 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 the date of the enactment of this section or before the
expiration of the 10-year period beginning on the date of the
most recent review.
(B) Whether NRO, in fact, considered the criteria set forth
in paragraph (2) in conducting the required review.
APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCERELATED ACTIVITIES
SEC. 106. ø50 U.S.C. 403–6¿ (a) CONCURRENCE OF DCI IN CERAPPOINTMENTS.—(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:
TAIN
27
NATIONAL SECURITY ACT OF 1947
Sec. 106
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Imagery and Mapping
Agency.
(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.
(C) The Director of the Office of Intelligence of the 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.
NATIONAL SECURITY RESOURCES BOARD 1
SEC. 107. ø50 U.S.C. 404¿ (a) The Director of the Office of Defense Mobilization, 2 subject to the direction of the President, is authorized, subject to the civil-service laws and the Classification Act
of 1949, 3 to appoint and fix the compensation of such personnel as
may be necessary to assist the Director in carrying out his functions.
(b) It shall be the function of the Director of the Office of Defense Mobilization to advise the President concerning the coordination of military, industrial, and civilian mobilization, including—
(1) policies concerning industrial and civilian mobilization
in order to assure the most effective mobilization and maximum utilization of the Nation’s manpower in the event of war.
(2) programs for the effective use in time of war of the Nation’s natural and industrial resources for military and civilian
needs, for the maintenance and stabilization of the civilian
economy in time of war, and for the adjustment of such economy to war needs and conditions;
1 Section 107 deals with emergency preparedness. Section 50 of the Act of September 3, 1954
(68 Stat. 1244), eliminated former subsection (a), relating to the establishment of the National
Security Resources Board, and redesignated former subsections (b)–(d) as subsections (a)–(c).
The section heading was not amended accordingly.
2 The functions of the Director of the Office of Defense Mobilization under this section which
previously were transferred to the President, were delegated to the Director of the Federal
Emergency Management Agency by section 4–102 of Executive Order No. 12148 (July 20, 1979,
44 F.R. 43239, 50 U.S.C. App. 2251 note).
3 The Classification Act of 1949 was repealed by the law enacting title 5, United States Code
(Public Law 89–544, Sept. 6, 1966, 80 Stat. 378), and its provisions were codified as chapter
51 and chapter 53 of that title.
Sec. 108
NATIONAL SECURITY ACT OF 1947
28
(3) policies for unifying, in time of war, the activities of
Federal agencies and departments engaged in or concerned
with production, procurement, distribution, or transportation of
military or civilian supplies, materials, and products;
(4) the relationship between potential supplies of, and potential requirements for, manpower, resources, and productive
facilities in time of war;
(5) policies for establishing adequate reserves of strategic
and critical material, and for the conservation of these reserves;
(6) the strategic relocation of industries, services, government, and economic activities, the continuous operation of
which is essential to the Nation’s security.
(c) In performing his functions, the Director of the Office of Defense Mobilization shall utilize to the maximum extent the facilities and resources of the departments and agencies of the Government.
ANNUAL NATIONAL SECURITY STRATEGY REPORT
SEC. 108. ø50 U.S.C. 404a¿ (a)(1) The President shall transmit
to Congress each year a comprehensive report on the national security strategy of the United States (hereinafter in this section referred to as a national security strategy report’’).
(2) The national security strategy report for any year shall be
transmitted on the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title
31, United States Code.
(3) Not later than 150 days after the date on which a new
President takes office, the President shall transmit to Congress a
national security strategy report under this section. That report
shall be in addition to the report for that year transmitted at the
time specified in paragraph (2).
(b) Each national security strategy report shall set forth the
national security strategy of the United States and shall include a
comprehensive description and discussion of the following:
(1) The worldwide interests, goals, and objectives of the
United States that are vital to the national security of the
United States.
(2) The foreign policy, worldwide commitments, and national defense capabilities of the United States necessary to
deter aggression and to implement the national security strategy of the United States.
(3) The proposed short-term and long-term uses of the political, economic, military, and other elements of the national
power of the United States to protect or promote the interests
and achieve the goals and objectives referred to in paragraph
(1).
(4) The adequacy of the capabilities of the United States
to carry out the national security strategy of the United States,
including an evaluation of the balance among the capabilities
of all elements of the national power of the United States to
support the implementation of the national security strategy.
(5) Such other information as may be necessary to help inform Congress on matters relating to the national security
strategy of the United States.
29
NATIONAL SECURITY ACT OF 1947
Sec. 109
(c) Each national security strategy report shall be transmitted
in both a classified and an unclassified form.
ANNUAL REPORT ON INTELLIGENCE
SEC. 109. (a) IN GENERAL.—(1)(A) Not later each year than the
date provided in section 507, the President shall submit to the congressional intelligence committees a report on the requirements of
the United States for intelligence and the activities of the intelligence community.
(B) Not later than January 31 each year, and included with the
budget of the President for the next fiscal year under section
1105(a) of title 31, United States Code, the President shall submit
to the appropriate congressional committees the report described in
subparagraph (A).
(2) The purpose of the report is to facilitate an assessment of
the activities of the intelligence community during the preceding
fiscal year and to assist in the development of a mission and a
budget for the intelligence community for the fiscal year beginning
in the year in which the report is submitted.
(3) The report shall be submitted in unclassified form, but may
include a classified annex.
(b) MATTERS COVERED.—(1) Each report under subsection (a)
shall—
(A) specify the intelligence required to meet the national
security interests of the United States, and set forth an order
of priority for the collection and analysis of intelligence required to meet such interests, for the fiscal year beginning in
the year in which the report is submitted; and
(B) evaluate the performance of the intelligence community in collecting and analyzing intelligence required to meet
such interests during the fiscal year ending in the year
preceding the year in which the report is submitted, including
a description of the significant successes and significant failures of the intelligence community in such collection and analysis during that fiscal year.
(2) The report shall specify matters under paragraph (1)(A) in
sufficient detail to assist Congress in making decisions with respect
to the allocation of resources for the matters specified.
(c) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means the following:
(1) The Committee on Appropriations and the Committee
on Armed Services of the Senate.
(2) The Committee on Appropriations and the Committee
on Armed Services of the House of Representatives.
NATIONAL MISSION OF NATIONAL IMAGERY AND MAPPING AGENCY
SEC. 110. ø50 U.S.C. 404e¿ (a) IN GENERAL.—In addition to the
Department of Defense missions set forth in section 442 of title 10,
United States Code, the National Imagery and Mapping Agency
shall support the imagery requirements of the Department of State
and other departments and agencies of the United States outside
the Department of Defense.
(b) REQUIREMENTS AND PRIORITIES.—The Director of Central
Intelligence shall establish requirements and priorities governing
Sec. 112
NATIONAL SECURITY ACT OF 1947
30
the collection of national intelligence by the National Imagery and
Mapping Agency under subsection (a).
(c) CORRECTION OF DEFICIENCIES.—The Director of Central Intelligence shall develop and implement such programs and policies
as the Director and the Secretary of Defense jointly determine necessary to review and correct deficiencies identified in the capabilities of the National Imagery and Mapping Agency to accomplish assigned national missions, including support to the all-source analysis and production process. The Director shall consult with the
Secretary of Defense on the development and implementation of
such programs and policies. The Secretary shall obtain the advice
of the Chairman of the Joint Chiefs of Staff regarding the matters
on which the Director and the Secretary are to consult under the
preceding sentence.
COLLECTION TASKING AUTHORITY
SEC. 111. ø50 U.S.C. 404f¿ Unless otherwise directed by the
President, the Director of Central Intelligence shall have authority
(except as otherwise agreed by the Director and the Secretary of
Defense) to—
(1) approve collection requirements levied on national imagery collection assets;
(2) determine priorities for such requirements; and
(3) resolve conflicts in such priorities.
RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS
SEC. 112. ø50 U.S.C. 404g¿ (a) PROVISION OF INTELLIGENCE INFORMATION TO THE UNITED NATIONS.—(1) No United States intelligence information may be provided to the United Nations or any
organization affiliated with the United Nations, or to any officials
or employees thereof, unless the President certifies to the appropriate committees of Congress that the Director of Central Intelligence, in consultation with the Secretary of State and the Secretary of Defense, has established and implemented procedures,
and has worked with the United Nations to ensure implementation
of procedures, for protecting from unauthorized disclosure United
States intelligence sources and methods connected to such information.
(2) Paragraph (1) may be waived upon written certification by
the President to the appropriate committees of Congress that providing such information to the United Nations or an organization
affiliated with the United Nations, or to any officials or employees
thereof, is in the national security interests of the United States.
(b) PERIODIC AND SPECIAL REPORTS.—(1) The President shall
report semiannually to the appropriate committees of Congress on
the types and volume of intelligence provided to the United Nations
and the purposes for which it was provided during the period covered by the report. The President shall also report to the appropriate committees of Congress within 15 days after it has become
known to the United States Government that there has been an
unauthorized disclosure of intelligence provided by the United
States to the United Nations.
(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intel-
31
NATIONAL SECURITY ACT OF 1947
Sec. 112
ligence that is provided only to, and for the use of, appropriately
cleared United States Government personnel serving with the
United Nations.
(3) In the case of periodic reports required to be submitted
under the first sentence of paragraph (1) to the congressional intelligence committees, the submittal dates for such reports shall be as
provided in section 507.
(c) DELEGATION OF DUTIES.—The President may not delegate
or assign the duties of the President under this section.
(d) RELATIONSHIP TO EXISTING LAW.—Nothing in this section
shall be construed to—
(1) impair or otherwise affect the authority of the Director
of Central Intelligence to protect intelligence sources and
methods from unauthorized disclosure pursuant to section
103(c)(6) of this Act; or
(2) supersede or otherwise affect the provisions of title V
of this Act.
(e) DEFINITION.—As used in this section, the term ‘‘appropriate
committees of Congress’’ means the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and
the Committee on Foreign Relations and the Permanent Select
Committee on Intelligence of the House of Representatives.
DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL—INTELLIGENCE
COMMUNITY ASSIGNMENT PROGRAM
SEC. 113. ø50 U.S.C. 404h¿ (a) DETAIL.—(1) Notwithstanding
any other provision of law, the head of a department with an element in the intelligence community or the head of an intelligence
community agency or element may detail any employee within that
department, agency, or element to serve in any position in the Intelligence Community Assignment Program on a reimbursable or a
nonreimbursable basis.
(2) Nonreimbursable details may be for such periods as are
agreed to between the heads of the parent and host agencies, up
to a maximum of three years, except that such details may be extended for a period not to exceed one year when the heads of the
parent and host agencies determine that such extension is in the
public interest.
(b) BENEFITS, ALLOWANCES, TRAVEL, INCENTIVES.—(1) An employee detailed under subsection (a) may be authorized any benefit,
allowance, travel, or incentive otherwise provided to enhance staffing by the organization from which the employee is detailed.
(2) The head of an agency of an employee detailed under subsection (a) may pay a lodging allowance for the employee subject
to the following conditions:
(A) The allowance shall be the lesser of the cost of the
lodging or a maximum amount payable for the lodging as established jointly by the Director of Central Intelligence and—
(i) with respect to detailed employees of the Department of Defense, the Secretary of Defense; and
(ii) with respect to detailed employees of other agencies and departments, the head of such agency or department.
(B) The detailed employee maintains a primary residence
for the employee’s immediate family in the local commuting
Sec. 114
NATIONAL SECURITY ACT OF 1947
32
area of the parent agency duty station from which the employee regularly commuted to such duty station before the detail.
(C) The lodging is within a reasonable proximity of the
host agency duty station.
(D) The distance between the detailed employee’s parent
agency duty station and the host agency duty station is greater
than 20 miles.
(E) The distance between the detailed employee’s primary
residence and the host agency duty station is 10 miles greater
than the distance between such primary residence and the employees parent duty station.
(F) The rate of pay applicable to the detailed employee
does not exceed the rate of basic pay for grade GS–15 of the
General Schedule.
ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF CENTRAL
INTELLIGENCE
SEC. 114. ø50 U.S.C. 404i¿ (a) REPORT ON INTELLIGENCE COMMUNITY COOPERATION WITH FEDERAL LAW ENFORCEMENT AGENCIES.—(1) Not later than December 31 of each year, the Director of
Central Intelligence shall submit to the congressional leadership a
report describing the nature and extent of cooperation and assistance provided by the intelligence community to Federal law enforcement agencies with respect to efforts to stop the illegal importation into the United States of controlled substances (as that term
is defined in section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)) that are included in schedule I or II under part B
of such Act.
(2) Not later each year than the date provided in section 507,
the Director shall submit to the congressional intelligence committees the report required to be submitted under paragraph (1) during the preceding year.
(3) Each such report shall include a discussion of the following:
(A) Illegal importation of such controlled substances
through transit zones such as the Caribbean Sea and across
the Southwest and northern borders of the United States.
(B) Methodologies used for such illegal importation.
(C) Additional routes used for such illegal importation.
(D) Quantities of such controlled substances transported
through each route.
(4) Each such report may be prepared in classified form, unclassified form, or unclassified form with a classified annex.
(b) ANNUAL REPORT ON THE SAFETY AND SECURITY OF RUSSIAN
NUCLEAR FACILITIES AND NUCLEAR MILITARY FORCES.—(1) The Director of Central Intelligence shall submit to the congressional
leadership on an annual basis, and to the congressional intelligence
committees on the date each year provided in section 507, an intelligence report assessing the safety and security of the nuclear facilities and nuclear military forces in Russia.
(2) Each such report shall include a discussion of the following:
(A) The ability of the Government of Russia to maintain its
nuclear military forces.
(B) The security arrangements at civilian and military nuclear facilities in Russia.
33
NATIONAL SECURITY ACT OF 1947
Sec. 114
(C) The reliability of controls and safety systems at civilian
nuclear facilities in Russia.
(D) The reliability of command and control systems and
procedures of the nuclear military forces in Russia.
(3) Each such report shall be submitted in unclassified form,
but may contain a classified annex.
(c) ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY
EMPLOYEES.—(1) The Director of Central Intelligence shall, on an
annual basis, submit to Congress a report on the employment of
covered persons within each element of the intelligence community
for the preceding fiscal year.
(2) Each such report shall include disaggregated data by category of covered person from each element of the intelligence community on the following:
(A) Of all individuals employed in the element during the
fiscal year involved, the aggregate percentage of such individuals who are covered persons.
(B) Of all individuals employed in the element during the
fiscal year involved at the levels referred to in clauses (i) and
(ii), the percentage of covered persons employed at such levels:
(i) Positions at levels 1 through 15 of the General
Schedule.
(ii) Positions at levels above GS–15.
(C) Of all individuals hired by the element involved during
the fiscal year involved, the percentage of such individuals who
are covered persons.
(3) Each such report shall be submitted in unclassified form,
but may contain a classified annex.
(4) Nothing in this subsection shall be construed as providing
for the substitution of any similar report required under another
provision of law.
(5) In this subsection, the term ‘‘covered persons’’ means—
(A) racial and ethnic minorities;
(B) women; and
(C) individuals with disabilities.
(d) ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED
STATES USING WEAPONS OF MASS DESTRUCTION.—(1) Not later
each year than the date provided in section 507, the Director shall
submit to the congressional committees specified in paragraph (3)
a report assessing the following:
(A) The current threat of attack on the United States
using ballistic missiles or cruise missiles.
(B) The current threat of attack on the United States
using a chemical, biological, or nuclear weapon delivered by a
system other than a ballistic missile or cruise missile.
(2) Each report under paragraph (1) shall be a national intelligence estimate, or have the formality of a national intelligence estimate.
(3) The congressional committees referred to in paragraph (1)
are the following:
(A) The congressional intelligence committees.
(B) The Committees on Foreign Relations and Armed Services of the Senate.
(C) The Committees on International Relations and Armed
Services of the House of Representatives.
Sec. 114A
NATIONAL SECURITY ACT OF 1947
34
(e) ANNUAL REPORT ON COVERT LEASES.—(1) Not later each
year than the date provided in section 507, the Director shall submit to the congressional intelligence committees a report on each
covert lease of an element of the intelligence community that is in
force as of the end of the preceding year.
(2) Each report under paragraph (1) shall include the following:
(A) A list of each lease described by that paragraph.
(B) For each lease—
(i) the cost of such lease;
(ii) the duration of such lease;
(iii) the purpose of such lease; and
(iv) the directorate or office that controls such lease.
(f) CONGRESSIONAL LEADERSHIP DEFINED.—In this section, the
term ‘‘congressional leadership’’ means the Speaker and the minority leader of the House of Representatives and the majority leader
and the minority leader of the Senate.
ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS FOR
AUDITING PURPOSES
SEC. 114A. ø50 U.S.C. 404i–1¿ Not later each year than the
date provided in section 507, the Director of Central Intelligence,
the Director of the National Security Agency, the Director of the
Defense Intelligence Agency, and the Director of the National Imagery and Mapping Agency shall each submit to the congressional
intelligence committees a report describing the activities being undertaken by such official to ensure that the financial statements of
such agency can be audited in accordance with applicable law and
requirements of the Office of Management and Budget.
LIMITATION ON ESTABLISHMENT OR OPERATION OF DIPLOMATIC
INTELLIGENCE SUPPORT CENTERS
SEC. 115. ø50 U.S.C. 404j¿ (a) IN GENERAL.—(1) A diplomatic
intelligence support center may not be established, operated, or
maintained without the prior approval of the Director of Central
Intelligence.
(2) The Director may only approve the establishment, operation, or maintenance of a diplomatic intelligence support center if
the Director determines that the establishment, operation, or maintenance of such center is required to provide necessary intelligence
support in furtherance of the national security interests of the
United States.
(b) PROHIBITION OF USE OF APPROPRIATIONS.—Amounts appropriated pursuant to authorizations by law for intelligence and intelligence-related activities may not be obligated or expended for the
establishment, operation, or maintenance of a diplomatic intelligence support center that is not approved by the Director of Central Intelligence.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘diplomatic intelligence support center’’
means an entity to which employees of the various elements of
the intelligence community (as defined in section 3(4)) are detailed for the purpose of providing analytical intelligence support that—
35
NATIONAL SECURITY ACT OF 1947
Sec. 118
(A) consists of intelligence analyses on military or political matters and expertise to conduct limited assessments and dynamic taskings for a chief of mission; and
(B) is not intelligence support traditionally provided to
a chief of mission by the Director of Central Intelligence.
(2) The term ‘‘chief of mission’’ has the meaning given that
term by section 102(3) of the Foreign Service Act of 1980 (22
U.S.C. 3902(3)), and includes ambassadors at large and ministers of diplomatic missions of the United States, or persons
appointed to lead United States offices abroad designated by
the Secretary of State as diplomatic in nature.
(d) TERMINATION.—This section shall cease to be effective on
October 1, 2000.
TRAVEL ON ANY COMMON CARRIER FOR CERTAIN INTELLIGENCE
COLLECTION PERSONNEL
SEC. 116. ø50 U.S.C. 404k¿ (a) IN GENERAL.—Notwithstanding
any other provision of law, the Director of Central Intelligence may
authorize travel on any common carrier when such travel, in the
discretion of the Director—
(1) is consistent with intelligence community mission requirements, or
(2) is required for cover purposes, operational needs, or
other exceptional circumstances necessary for the successful
performance of an intelligence community mission.
(b) AUTHORIZED DELEGATION OF DUTY.—The Director may only
delegate the authority granted by this section to the Deputy Director of Central Intelligence, or with respect to employees of the Central Intelligence Agency the Director may delegate such authority
to the Deputy Director for Operations.
POW/MIA ANALYTIC CAPABILITY
SEC. 117. ø50 U.S.C. 404l¿ (a) REQUIREMENT.—(1) The Director
of Central Intelligence shall, in consultation with the Secretary of
Defense, establish and maintain in the intelligence community an
analytic capability with responsibility for intelligence in support of
the activities of the United States relating to individuals who, after
December 31, 1990, are unaccounted for United States personnel.
(2) The analytic capability maintained under paragraph (1)
shall be known as the ‘‘POW/ MIA analytic capability of the intelligence community’’.
(b) UNACCOUNTED FOR UNITED STATES PERSONNEL.—In this
section, the term ‘‘unaccounted for United States personnel’’ means
the following:
(1) Any missing person (as that term is defined in section
1513(1) of title 10, United States Code).
(2) Any United States national who was killed while engaged in activities on behalf of the United States and whose
remains have not been repatriated to the United States.
SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS
SEC. 118. ø50 U.S.C. 404m¿ (a) SEMIANNUAL REPORT.—On a
semiannual basis, the Secretary of the Treasury (acting through
Sec. 201
NATIONAL SECURITY ACT OF 1947
36
the head of the Office of Intelligence Support) shall submit a report
to the appropriate congressional committees that fully informs the
committees concerning operations against terrorist financial networks. Each such report shall include with respect to the preceding
six-month period—
(1) the total number of asset seizures, designations, and
other actions against individuals or entities found to have engaged in financial support of terrorism;
(2) the total number of applications for asset seizure and
designations of individuals or entities suspected of having engaged in financial support of terrorist activities that were
granted, modified, or denied;
(3) the total number of physical searches of offices, residences, or financial records of individuals or entities suspected
of having engaged in financial support for terrorist activity;
and
(4) whether the financial intelligence information seized in
these cases has been shared on a full and timely basis with the
all departments, agencies, and other entities of the United
States Government involved in intelligence activities participating in the Foreign Terrorist Asset Tracking Center.
(b) IMMEDIATE NOTIFICATION FOR EMERGENCY DESIGNATION.—
In the case of a designation of an individual or entity, or the assets
of an individual or entity, as having been found to have engaged
in terrorist activities, the Secretary of the Treasury shall report
such designation within 24 hours of such a designation to the appropriate congressional committees.
(c) SUBMITTAL DATE OF REPORTS TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case of the reports required to be
submitted under subsection (a) to the congressional intelligence
committees, the submittal dates for such reports shall be as provided in section 507.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means the following:
(1) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on Financial
Services of the House of Representatives.
(2) The Select Committee on Intelligence, the Committee
on Appropriations, and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
TITLE II—THE DEPARTMENT OF DEFENSE
SEC. 201. [Subsections (a) and (b) were repealed by section 307
of Public Law 87–651 (Act of September 7, 1962, 76 Stat. 526).
Subsection (c) consisted of an amendment to another Act.]
(d) ø50 U.S.C. 408¿ Except to the extent inconsistent with the
provisions of this Act, the provisions of title IV of the Revised Statutes 1 as now of hereafter amended shall be applicable to the
Department of Defense.
1 Title IV of the Revised Statutes consisted of sections 158–198 of the Revised Statutes. Sections 176 and 193 are codified as sections 492–1 and 492–2 of title 31, United States Code. The
remainder of those sections have been repealed or replaced by provisions of title 5, United States
Code, as enacted. See the ‘‘Tables’’ volume of the United States Code for the distribution of
specific sections.
37
NATIONAL SECURITY ACT OF 1947
Sec. 207
[Sections 202–204 were repealed by section 307 of Public Law
87–651 (Act of September 7, 1962, 76 Stat. 526).]
DEPARTMENT OF THE ARMY
SEC. 205. [Subsections (a), (d), and (e) were repealed by the
law enacting titles 10 and 32, United States Code (Act of August
10, 1956, 70A Stat. 676)].
(b) All laws, orders, regulations, and other actions relating to
the Department of War or to any officer or activity whose title is
changed under this section shall, insofar as they are not inconsistent with the provisions of this Act, be deemed to relate to the
Department of the Army within the Department of Defense or to
such officer or activity designated by his or its new title.
(c) ø50 U.S.C. 409(a)¿ the term ‘‘Department of the Army’’ as
used in this Act shall be construed to mean the Department of the
Army at the seat of government and all field headquarters, forces,
reserve components, installations, activities, and functions under
the control or supervision of the Department of the Army.
DEPARTMENT OF THE NAVY
SEC. 206. (a) ø50 U.S.C. 409(b)¿ The term ‘‘Department of the
Navy’’ as used in this Act shall be construed to mean the Department of the Navy at the seat of government; the headquarters,
United States Marine Corps; the entire operating forces of the
United States Navy, including naval aviation, and of the United
States Marine Corps, including the reserve components of such
forces; all field activities, headquarters, forces, bases, installations,
activities and functions under the control or supervision of the Department of the Navy; and the United States Coast Guard when
operating as a part of the Navy pursuant to law.
[Subsections (b) and (c) were repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A
Stat. 676)].
DEPARTMENT OF THE AIR FORCE
SEC. 207. [Subsections (a), (b), (d), (e), and (f) were repealed by
the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A stat. 676)].
(c) ø50 U.S.C. 409(c)¿ The term ‘‘Department of the Air Force’’
as used in this Act shall be construed to mean the Department of
the Air Force at the seat of government and all field headquarters,
forces, reserve components, installations, activities, and functions
under the control or supervision of the Department of the Air
Force.
[Section 208 (less subsection (c)) was repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956,
70A Stat. 676). Section 208(c) was repealed by the law enacting
title 5, United States Code (Public Law 89–544, September 6, 1966,
80 Stat. 654).]
[Sections 209–214 were repealed by the law enacting titles 10
and 32, United States Code (Act of August 10, 1956, 70A Stat.
676).]
Sec. 301
NATIONAL SECURITY ACT OF 1947
38
TITLE III—MISCELLANEOUS
NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION
SEC. 301. ø50 U.S.C. 409a¿ (a) SHORT TITLE.—This section
may be cited as the ‘‘National Security Agency Voluntary Separation Act’’.
(b) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Director’’ means the Director of the National
Security Agency; and
(2) the term ‘‘employee’’ means an employee of the National Security Agency, serving under an appointment without
time limitation, who has been currently employed by the National Security Agency for a continuous period of at least 12
months prior to the effective date of the program established
under subsection (c), except that such term does not include—
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code, or
another retirement system for employees of the Government; or
(B) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under any of the retirement systems referred to
in subparagraph (A).
(c) ESTABLISHMENT OF PROGRAM.—Notwithstanding any other
provision of law, the Director, in his sole discretion, may establish
a program under which employees may, after October 1, 2000, be
eligible for early retirement, offered separation pay to separate
from service voluntarily, or both.
(d) EARLY RETIREMENT.—An employee who—
(1) is at least 50 years of age and has completed 20 years
of service; or
(2) has at least 25 years of service,
may, pursuant to regulations promulgated under this section, apply
and be retired from the National Security Agency and receive benefits in accordance with chapter 83 or 84 of title 5, United States
Code, if the employee has not less than 10 years of service with the
National Security Agency.
(e) AMOUNT OF SEPARATION PAY AND TREATMENT FOR OTHER
PURPOSES.—
(1) AMOUNT.—Separation pay shall be paid in a lump sum
and shall be equal to the lesser of—
(A) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of title
5, United States Code, if the employee were entitled to
payment under such section; or
(B) $25,000.
(2) TREATMENT.—Separation pay shall not—
(A) be a basis for payment, and shall not be included
in the computation, of any other type of Government benefit; and
(B) be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5,
United States Code, based on any other separation.
39
NATIONAL SECURITY ACT OF 1947
Sec. 301
(f ) REEMPLOYMENT RESTRICTIONS.—An employee who receives
separation pay under such program may not be reemployed by the
National Security Agency for the 12-month period beginning on the
effective date of the employee’s separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal
Workforce Restructuring Act of 1994 (Public Law 103–236; 108
Stat. 111) and accepts employment with the Government of the
United States within 5 years after the date of the separation on
which payment of the separation pay is based shall be required to
repay the entire amount of the separation pay to the National Security Agency. If the employment is with an Executive agency (as
defined by section 105 of title 5, United States Code), the Director
of the Office of Personnel Management may, at the request of the
head of the agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official
may waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the
position. If the employment is with the judicial branch, the Director
of the Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique abilities
and is the only qualified applicant available for the position.
(g) BAR ON CERTAIN EMPLOYMENT.—
(1) BAR.—An employee may not be separated from service
under this section unless the employee agrees that the employee will not—
(A) act as agent or attorney for, or otherwise represent, any other person (except the United States) in any
formal or informal appearance before, or, with the intent
to influence, make any oral or written communication on
behalf of any other person (except the United States) to
the National Security Agency; or
(B) participate in any manner in the award, modification, or extension of any contract for property or services
with the National Security Agency,
during the 12-month period beginning on the effective date of
the employee’s separation from service.
(2) PENALTY.—An employee who violates an agreement
under this subsection shall be liable to the United States in
the amount of the separation pay paid to the employee pursuant to this section multiplied by the proportion of the 12-month
period during which the employee was in violation of the
agreement.
(h) LIMITATIONS.—Under this program, early retirement and
separation pay may be offered only—
(1) with the prior approval of the Director;
(2) for the period specified by the Director; and
(3) to employees within such occupational groups or geographic locations, or subject to such other similar limitations
or conditions, as the Director may require.
(i) REGULATIONS.—Before an employee may be eligible for early
retirement, separation pay, or both, under this section, the Director
Sec. 303
NATIONAL SECURITY ACT OF 1947
40
shall prescribe such regulations as may be necessary to carry out
this section.
( j) NOTIFICATION OF EXERCISE OF AUTHORITY.—The Director
may 1 not make an offer of early retirement, separation pay, or
both, pursuant to this section until 15 days after submitting to the
congressional intelligence committees a report describing the occupational groups or geographic locations, or other similar limitations
or conditions, required by the Director under subsection (h), and includes the proposed regulations issued pursuant to subsection (i).
(k) REMITTANCE OF FUNDS.—In addition to any other payment
that is required to be made under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, the National Security
Agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund, an amount equal to 15
percent of the final basic pay of each employee to whom a voluntary separation payment has been or is to be paid under this
section. The remittance required by this subsection shall be in lieu
of any remittance required by section 4(a) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 8331 note).
[Section 302 was repealed by the law enacting titles 10 and 32,
United States Code (Act of August 10, 1956, 70A Stat. 676).]
ADVISORY COMMITTEES AND PERSONNEL
SEC. 303. ø50 U.S.C. 405¿ (a) The Director of the Office of Defense Mobilization, the Director of Central Intelligence, and the National Security Council, acting through its Executive Secretary, are
authorized to appoint such advisory committees and to employ, consistent with other provisions of this Act, such part-time advisory
personnel as they may deem necessary in carrying out their respective functions and the functions of agencies under their control.
Persons holding other offices or positions under the United States
for which they receive compensation, while serving as members of
such committees, shall receive no additional compensation for such
service. Retired members of the uniformed services employed by
the Director of Central Intelligence who hold no other office or position under the United States for which they receive compensation,
other members of such committees and other part-time advisory
personnel so employed may serve without compensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS–18 of the General
Schedule established by section 5332 of title 5, United States Code,
as determined by the appointing authority.
(b) Service of an individual as a member of any such advisory
committee, or in any other part-time capacity for a department or
agency hereunder, shall not be considered as service bringing such
individual within the provisions of section 203, 205, or 207, of title
18, United States Code, unless the act of such individual, which by
such section is made unlawful when performed by an individual referred to in such section, is with respect to any particular matter
1 Section 941(b)(1) of the Intelligence Authorization Act for Fiscal Year 2003 (P.L. 107–306;
116 Stat. 2431) amended this subsection by striking ‘‘ ‘REPORTING REQUIRE-MENTS.—’ and all
that follows through ‘The Director may’ and inserting ‘NOTIFICATION OF EXERCISE OF AUTHORITY.—The Director may’ ’’. There was no hyphen in law within the word ‘‘Requirements’’. The
amendment has been executed to reflect the probable intent of Congress
41
NATIONAL SECURITY ACT OF 1947
Sec. 311
which directly involves a department or agency which such person
is advising or in which such department or agency is directly interested.
[Sections 304–306 were repealed by the law enacting title 5,
United States Code (Public Law 89–544, September 6, 1966, 80
Stat. 654).]
AUTHORIZATION FOR APPROPRIATIONS
SEC. 307. ø50 U.S.C. 411¿ There are hereby authorized to be
appropriated such sums as may be necessary and appropriate to
carry out the provisions and purposes of this Act (other than the
provisions and purposes of sections 102, 103, 104, 105 and titles V,
VI, and VII).
DEFINITIONS
SEC. 308. ø50 U.S.C. 410¿ (a) 1 As used in this Act, the term
‘‘function’’ includes functions, powers, and duties.
(b) As used in this Act, the term, ‘‘Department of Defense’’
shall be deemed to include the military departments of the Army,
the Navy, and the Air Force, and all agencies created under title
II of this Act.
SEPARABILITY
SEC. 309. ø50 U.S.C. 401 note¿ If any provision of this Act or
the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not
be affected thereby.
EFFECTIVE DATE
SEC. 310. ø50 U.S.C. 401 note¿ (a) The first sentence of section
202 (a) and sections 1, 2, 307, 308, 309, and 310 shall take effect
immediately upon the enactment of this Act.
(b) Except as provided in subsection (a), the provisions of this
Act shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense
first appointed takes office, or the sixtieth day after the date of the
enactment of this Act.
SUCCESSION TO THE PRESIDENCY
SEC. 311. øSection 311 consisted of an amendment to the Act
entitled ‘‘An Act to provide for the performance of the duties of the
office of President in case of the removal, resignation, death, or inability both of the President and Vice President’’.¿
[Title IV less section 411 was repealed by section 307 of Public
Law 87–651 (Act of September 7, 1962, 76 Stat. 526).]
1 Section 307 of Public Law 87–651 (Act of September 7, 1962, 76 Stat. 526) repealed section
308(a) less its applicability to sections 2, 101–103, and 303.
Sec. 411
NATIONAL SECURITY ACT OF 1947
42
REPEALING AND SAVING PROVISIONS
SEC. 411. ø50 U.S.C. 412¿ All laws, orders, and regulations inconsistent with the provisions of this title are repealed insofar as
they are inconsistent with the powers, duties, and responsibilities
enacted hereby: Provided, That the powers, duties, and responsibilities of the Secretary of Defense under this title shall be administered in conformance with the policy and requirements for administration of budgetary and fiscal matters in the Government generally, including accounting and financial reporting, and that nothing in this title shall be construed as eliminating or modifying the
powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such matters,
but no such department, agency, or officer shall exercise any such
powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title.
TITLE V—ACCOUNTABILITY FOR INTELLIGENCE
ACTIVITIES 1
GENERAL CONGRESSIONAL OVERSIGHT PROVISIONS
SEC. 501. ø50 U.S.C. 413¿ (a)(1) The President shall ensure
that the congressional intelligence committees are kept fully and
currently informed of the intelligence activities of the United
States, including any significant anticipated intelligence activity as
required by this title.
(2) Nothing in this title shall be construed as requiring the approval of the congressional intelligence committees as a condition
precedent to the initiation of any significant anticipated intelligence activity.
(b) The President shall ensure that any illegal intelligence activity is reported promptly to the congressional intelligence committees, as well as any corrective action that has been taken or is
planned in connection with such illegal activity.
(c) The President and the congressional intelligence committees
shall each establish such procedures as may be necessary to carry
out the provisions of this title.
(d) The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect
from unauthorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the congressional intelligence committees or to Members
of Congress under this title. Such procedures shall be established
in consultation with the Director of Central Intelligence. In accordance with such procedures, each of the congressional intelligence
committees shall promptly call to the attention of its respective
House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities requiring
the attention of such House or such committee or committees.
(e) Nothing in this Act shall be construed as authority to withhold information from the congressional intelligence committees on
the grounds that providing the information to the congressional intelligence committees would constitute the unauthorized disclosure
1 This title is also set out post at page 711 along with other materials relating to congressional
oversight of intelligence activities.
43
NATIONAL SECURITY ACT OF 1947
Sec. 503
of classified information or information relating to intelligence
sources and methods.
(f) As used in this section, the term ‘‘intelligence activities’’ includes covert actions as defined in section 503(e), and includes financial intelligence activities.
REPORTING OF INTELLIGENCE ACTIVITIES OTHER THAN COVERT
ACTIONS
SEC. 502. ø50 U.S.C. 413a¿ (a) IN GENERAL.—To the extent
consistent with due regard for the protection from unauthorized
disclosure of classified information relating to sensitive intelligence
sources and methods or other exceptionally sensitive matters, the
Director of Central Intelligence and the heads of all departments,
agencies, and other entities of the United States Government involved in intelligence activities shall—
(1) keep the congressional intelligence committees fully
and currently informed of all intelligence activities, other than
a covert action (as defined in section 503(e)), which are the responsibility of, are engaged in by, or are carried out for or on
behalf of, any department, agency, or entity of the United
States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and
(2) furnish the congressional intelligence committees any
information or material concerning intelligence activities, other
than covert actions, which is within their custody or control,
and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.
(b) FORM AND CONTENTS OF CERTAIN REPORTS.—Any report relating to a significant anticipated intelligence activity or a significant intelligence failure that is submitted to the congressional intelligence committees for purposes of subsection (a)(1) shall be in
writing, and shall contain the following:
(1) A concise statement of any facts pertinent to such report.
(2) An explanation of the significance of the intelligence activity or intelligence failure covered by such report.
(c) STANDARDS AND PROCEDURES FOR CERTAIN REPORTS.—The
Director of Central Intelligence, in consultation with the heads of
the departments, agencies, and entities referred to in subsection
(a), shall establish standards and procedures applicable to reports
covered by subsection (b).
PRESIDENTIAL APPROVAL AND REPORTING OF COVERT ACTIONS
SEC. 503. ø50 U.S.C. 413b¿ (a) The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless the President determines such an action is necessary to support identifiable foreign
policy objectives of the United States and is important to the national security of the United States, which determination shall be
set forth in a finding that shall meet each of the following conditions:
(1) Each finding shall be in writing, unless immediate action by the United States is required and time does not permit
Sec. 503
NATIONAL SECURITY ACT OF 1947
44
the preparation of a written finding, in which case a written
record of the President’s decision shall be contemporaneously
made and shall be reduced to a written finding as soon as possible but in no event more than 48 hours after the decision is
made.
(2) Except as permitted by paragraph (1), a finding may
not authorize or sanction a covert action, or any aspect of any
such action, which already has occurred.
(3) Each finding shall specify each department, agency, or
entity of the United States Government authorized to fund or
otherwise participate in any significant way in such action.
Any employee, contractor, or contract agent of a department,
agency, or entity of the United States Government other than
the Central Intelligence Agency directed to participate in any
way in a covert action shall be subject either to the policies
and regulations of the Central Intelligence Agency, or to written policies or regulations adopted by such department, agency, or entity, to govern such participation.
(4) Each finding shall specify whether it is contemplated
that any third party which is not an element of, or a contractor
or contract agent of, the United States Government, or is not
otherwise subject to United States Government policies and
regulations, will be used to fund or otherwise participate in
any significant way in the covert action concerned, or be used
to undertake the covert action concerned on behalf of the
United States.
(5) A finding may not authorize any action that would violate the Constitution or any statute of the United States.
(b) To the extent consistent with due regard for the protection
from unauthorized disclosure of classified information relating to
sensitive intelligence sources and methods or other exceptionally
sensitive matters, the Director of Central Intelligence and the
heads of all departments, agencies, and entities of the United
States Government involved in a covert action—
(1) shall keep the congressional intelligence committees
fully and currently informed of all covert actions which are the
responsibility of, are engaged in by, or are carried out for or
on behalf of, any department, agency, or entity of the United
States Government, including significant failures; and
(2) shall furnish to the congressional intelligence committees any information or material concerning covert actions
which is in the possession, custody, or control of any department, agency, or entity of the United States Government and
which is requested by either of the congressional intelligence
committees in order to carry out its authorized responsibilities.
(c)(1) The President shall ensure that any finding approved
pursuant to subsection (a) shall be reported to the congressional intelligence committees as soon as possible after such approval and
before the initiation of the covert action authorized by the finding,
except as otherwise provided in paragraph (2) and paragraph (3).
(2) If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting
vital interests of the United States, the finding may be reported to
the chairmen and ranking minority members of the congressional
intelligence committees, the Speaker and minority leader of the
45
NATIONAL SECURITY ACT OF 1947
Sec. 504
House of Representatives, the majority and minority leaders of the
Senate, and such other member or members of the congressional
leadership as may be included by the President.
(3) Whenever a finding is not reported pursuant to paragraph
(1) or (2) of this section, the President shall fully inform the congressional intelligence committees in a timely fashion and shall
provide a statement of the reasons for not giving prior notice.
(4) In a case under paragraph (1), (2), or (3), a copy of the finding, signed by the President, shall be provided to the chairman of
each congressional intelligence committee. When access to a finding
is limited to the Members of Congress specified in paragraph (2),
a statement of the reasons for limiting such access shall also be
provided.
(d) The President shall ensure that the congressional intelligence committees, or, if applicable, the Members of Congress specified in subsection (c)(2), are notified of any significant change in
a previously approved covert action, or any significant undertaking
pursuant to a previously approved finding, in the same manner as
findings are reported pursuant to subsection (c).
(e) As used in this title, the term ‘‘covert action’’ means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended
that the role of the United States Government will not be apparent
or acknowledged publicly, but does not include—
(1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional
activities to improve or maintain the operational security of
United States Government programs, or administrative activities;
(2) traditional diplomatic or military activities or routine
support to such activities;
(3) traditional law enforcement activities conducted by
United States Government law enforcement agencies or routine support to such activities; or
(4) activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3))
of other United States Government agencies abroad.
(f) No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or
media.
FUNDING OF INTELLIGENCE ACTIVITIES
SEC. 504. ø50 U.S.C. 414¿ (a) Appropriated funds available to
an intelligence agency may be obligated or expended for an intelligence or intelligence-related activity only if—
(1) those funds were specifically authorized by the Congress for use for such activities; or
(2) in the case of funds from the Reserve for Contingencies
of the Central Intelligence Agency and consistent with the provisions of section 503 of this Act concerning any significant anticipated intelligence activity, the Director of Central Intelligence has notified the appropriate congressional committees
of the intent to make such funds available for such activity; or
(3) in the case of funds specifically authorized by the Congress for a different activity—
Sec. 504
NATIONAL SECURITY ACT OF 1947
46
(A) the activity to be funded is a higher priority intelligence or intelligence-related activity;
(B) the need for funds for such activity is based on
unforseen requirements; and
(C) the Director of Central Intelligence, the Secretary
of Defense, or the Attorney General, as appropriate, has
notified the appropriate congressional committees of the
intent to make such funds available for such activity;
(4) nothing in this subsection prohibits obligation or expenditure of funds available to an intelligence agency in accordance with sections 1535 and 1536 of title 31, United States
Code.
(b) Funds available to an intelligence agency may not be made
available for any intelligence or intelligence-related activity for
which funds were denied by the Congress.
(c) No funds appropriated for, or otherwise available to, any department, agency, or entity of the United States Government may
be expended, or may be directed to be expended, for any covert action, as defined in section 503(e), unless and until a Presidential
finding required by subsection (a) of section 503 has been signed
or otherwise issued in accordance with that subsection.
(d)(1) Except as otherwise specifically provided by law, funds
available to an intelligence agency that are not appropriated funds
may be obligated or expended for an intelligence or intelligence-related activity only if those funds are used for activities reported to
the appropriate congressional committees pursuant to procedures
which identify—
(A) the types of activities for which nonappropriated funds
may be expended; and
(B) the circumstances under which an activity must be reported as a significant anticipated intelligence activity before
such funds can be expended.
(2) Procedures for purposes of paragraph (1) shall be jointly
agreed upon by the congressional intelligence committees and, as
appropriate, the Director of Central Intelligence or the Secretary of
Defense.
(e) As used in this section—
(1) the term ‘‘intelligence agency’’ means any department,
agency, or other entity of the United States involved in intelligence or intelligence-related activities;
(2) the term ‘‘appropriate congressional committees’’ means
the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and
the Select Committee on Intelligence and the Committee on
Appropriations of the Senate; and
(3) the term ‘‘specifically authorized by the Congress’’
means that—
(A) the activity and the amount of funds proposed to
be used for that activity were identified in a formal budget
request to the Congress, but funds shall be deemed to be
specifically authorized for that activity only to the extent
that the Congress both authorized the funds to be appropriated for that activity and appropriated the funds for
that activity; or
47
NATIONAL SECURITY ACT OF 1947
Sec. 505
(B) although the funds were not formally requested,
the Congress both specifically authorized the appropriation
of the funds for the activity and appropriated the funds for
the activity.
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES
AND DEFENSE SERVICES
SEC. 505. ø50 U.S.C. 415¿ (a)(1) The transfer of a defense article or defense service, or the anticipated transfer in any fiscal year
of any aggregation of defense articles or defense services, exceeding
$1,000,000 in value by an intelligence agency to a recipient outside
that agency shall be considered a significant anticipated intelligence activity for the purpose of this title.
(2) Paragraph (1) does not apply if—
(A) the transfer is being made to a department, agency, or
other entity of the United States (so long as there will not be
a subsequent retransfer of the defense articles or defense services outside the United States Government in conjunction with
an intelligence or intelligence-related activity); or
(B) the transfer—
(i) is being made pursuant to authorities contained in
part II of the Foreign Assistance Act of 1961, the Arms Export Control Act, title 10 of the United States Code (including a law enacted pursuant to section 7307(a) of that
title), or the Federal Property and Administrative Services
Act of 1949, and
(ii) is not being made in conjunction with an intelligence or intelligence-related activity.
(3) An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any
intelligence or intelligence-related activity for which funds were denied by the Congress.
(b) As used in this section—
(1) the term ‘‘intelligence agency’’ means any department,
agency, or other entity of the United States involved in intelligence or intelligence-related activities;
(2) the terms ‘‘defense articles’’ and ‘‘defense services’’
mean the items on the United States Munitions List pursuant
to section 38 of the Arms Export Control Act (22 CFR part
121);
(3) the term ‘‘transfer’’ means—
(A) in the case of defense articles, the transfer of possession of those articles; and
(B) in the case of defense services, the provision of
those services; and
(4) the term ‘‘value’’ means—
(A) in the case of defense articles, the greater of—
(i) the original acquisition cost to the United
States Government, plus the cost of improvements or
other modifications made by or on behalf of the Government; or
(ii) the replacement cost; and
(B) in the case of defense services, the full cost to the
Government of providing the services.
Sec. 506
NATIONAL SECURITY ACT OF 1947
48
SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET
COUNTERPROLIFERATION,
AMOUNTS
FOR
COUNTERTERRORISM,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE
SEC. 506. (a) ø50 U.S.C. 415a¿ IN GENERAL.—The budget justification materials submitted to Congress in support of the budget
of the President for a fiscal year that is submitted to Congress
under section 1105(a) of title 31, United States Code, shall set forth
separately the aggregate amount requested for that fiscal year for
the National Foreign Intelligence Program for each of the following:
(1) Counterterrorism.
(2) Counterproliferation.
(3) Counternarcotics.
(4) Counterintelligence.
(b) ELECTION OF CLASSIFIED OR UNCLASSIFIED FORM.—
Amounts set forth under subsection (a) may be set forth in unclassified form or classified form, at the election of the Director of Central Intelligence.
DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL
REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES
SEC. 507. ø50 U.S.C. 415b¿ (a) ANNUAL REPORTS.—(1) The date
for the submittal to the congressional intelligence committees of
the following annual reports shall be the date each year provided
in subsection (c)(1)(A):
(A) The annual evaluation of the performance and responsiveness of certain elements of the intelligence community required by section 105(d).
(B) The annual report on intelligence required by section
109.
(C) The annual report on intelligence community cooperation with Federal law enforcement agencies required by section
114(a)(2).
(D) The annual report on the protection of the identities of
covert agents required by section 603.
(E) The annual report of the Inspectors Generals of the intelligence community on proposed resources and activities of
their offices required by section 8H(g) of the Inspector General
Act of 1978.
(F) The annual report on commercial activities as security
for intelligence collection required by section 437(c) of title 10,
United States Code.
(G) The annual report on expenditures for postemployment
assistance for terminated intelligence employees required by
section 1611(e)(2) of title 10, United States Code.
(H) The annual update on foreign industrial espionage required by section 809(b) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–
359; 50 U.S.C. App. 2170b(b)).
(I) The annual report on coordination of counterintelligence matters with the Federal Bureau of Investigation required by section 811(c)(6) of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 402a(c)(6)).
(J) The annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise funds
49
NATIONAL SECURITY ACT OF 1947
Sec. 507
in the United States capital markets required by section 827
of the Intelligence Authorization Act for Fiscal Year 2003.
(K) The annual report on certifications for immunity in
interdiction of aircraft engaged in illicit drug trafficking required by section 1012(c)(2) of the National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291–4(c)(2)).
(L) The annual report on exceptions to consumer disclosure
requirements for national security investigations under section
604(b)(4)(E) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)(E)).
(M) The annual report on activities under the David L.
Boren National Security Education Act of 1991 (title VIII of
Public Law 102–183; 50 U.S.C. 1901 et seq.) required by section 806(a) of that Act (50 U.S.C. 1906(a)).
(N) The annual report on hiring and retention of minority
employees in the intelligence community required by section
114(c).
(2) The date for the submittal to the congressional intelligence
committees of the following annual reports shall be the date each
year provided in subsection (c)(1)(B):
(A) The annual report on the safety and security of Russian nuclear facilities and nuclear military forces required by
section 114(b).
(B) The annual report on the threat of attack on the
United States from weapons of mass destruction required by
section 114(d).
(C) The annual report on covert leases required by section
114(e).
(D) The annual report on improvements of the financial
statements of the intelligence community for auditing purposes
required by section 114A.
(E) The annual report on activities of personnel of the Federal Bureau of Investigation outside the United States required
by section 540C(c)(2) of title 28, United States Code.
(F) The annual report on intelligence activities of the People’s Republic of China required by section 308(c) of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law
105–107; 50 U.S.C. 402a note).
(G) The annual report on counterdrug intelligence matters
required by section 826 of the Intelligence Authorization Act
for Fiscal Year 2003.
(b) SEMIANNUAL REPORTS.—The dates for the submittal to the
congressional intelligence committees of the following semiannual
reports shall be the dates each year provided in subsection (c)(2):
(1) The periodic reports on intelligence provided to the
United Nations required by section 112(b).
(2) The semiannual reports on the Office of the Inspector
General of the Central Intelligence Agency required by section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(1)).
(3) The semiannual reports on decisions not to prosecute
certain violations of law under the Classified Information Procedures Act (18 U.S.C. App.) as required by section 13 of that
Act.
Sec. 507
NATIONAL SECURITY ACT OF 1947
50
(4) The semiannual reports on the acquisition of technology relating to weapons of mass destruction and advanced
conventional munitions required by section 721(b) of the Combatting Proliferation of Weapons of Mass Destruction Act of
1996 (title VII of Public Law 104–293; 50 U.S.C. 2366(b)).
(5) The semiannual reports on the activities of the Diplomatic Telecommunications Service Program Office (DTS–PO)
required by section 322(a)(6)(D)(ii) of the Intelligence Authorization Act for Fiscal Year 2001 (22 U.S.C. 7302(a)(6)(D)(ii)).
(6) The semiannual reports on the disclosure of information and consumer reports to the Federal Bureau of Investigation for counterintelligence purposes required by section
624(h)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681u(h)(2)).
(7) The semiannual provision of information on requests
for financial information for foreign counterintelligence purposes required by section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
(8) The semiannual report on financial intelligence on terrorist assets required by section 118.
(c) SUBMITTAL DATES FOR REPORTS.—(1)(A) Except as provided
in subsection (d), each annual report listed in subsection (a)(1)
shall be submitted not later than February 1.
(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than December 1.
(2) Except as provided in subsection (d), each semiannual report listed in subsection (b) shall be submitted not later than February 1 and August 1.
(d) POSTPONEMENT OF SUBMITTAL.—(1) Subject to paragraph
(3), the date for the submittal of—
(A) an annual report listed in subsection (a)(1) may be
postponed until March 1;
(B) an annual report listed in subsection (a)(2) may be
postponed until January 1; and
(C) a semiannual report listed in subsection (b) may be
postponed until March 1 or September 1, as the case may be,
if the official required to submit such report submits to the congressional intelligence committees a written notification of such
postponement.
(2)(A) Notwithstanding any other provision of law and subject
to paragraph (3), the date for the submittal to the congressional intelligence committees of any report described in subparagraph (B)
may be postponed by not more than 30 days from the date otherwise specified in the provision of law for the submittal of such report if the official required to submit such report submits to the
congressional intelligence committees a written notification of such
postponement.
(B) A report described in this subparagraph is any report on
intelligence or intelligence-related activities of the United States
Government that is submitted under a provision of law requiring
the submittal of only a single report.
(3)(A) The date for the submittal of a report whose submittal
is postponed under paragraph (1) or (2) may be postponed beyond
the time provided for the submittal of such report under such para-
51
NATIONAL SECURITY ACT OF 1947
Sec. 602
graph if the official required to submit such report submits to the
congressional intelligence committees a written certification that
preparation and submittal of such report at such time will impede
the work of officers or employees of the intelligence community in
a manner that will be detrimental to the national security of the
United States.
(B) A certification with respect to a report under subparagraph
(A) shall include a proposed submittal date for such report, and
such report shall be submitted not later than that date.
TITLE VI—PROTECTION OF CERTAIN NATIONAL SECURITY
INFORMATION
PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES
SEC. 601. ø50 U.S.C. 421¿ (a) Whoever, having or having had
authorized access to classified information that identifies a covert
agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies
such covert agent and that the United States is taking affirmative
measures to conceal such covert agent’s intelligence relationship to
the United States, shall be fined under title 18, United States
Code, or imprisoned not more than ten years, or both.
(b) Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to
any individual not authorized to receive classified information,
knowing that the information disclosed so identifies such covert
agent and that the United States is taking affirmative measures to
conceal such covert agent’s intelligence relationship to the United
States, shall be fined under title 18, United States Code, or imprisoned not more than five years, or both.
(c) Whoever, in the course of a pattern of activities intended to
identify and expose covert agents and with reason to believe that
such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information
disclosed so identifies such individual and that the United States
is taking affirmative measures to conceal such individual’s classified intelligence relationship to the United States, shall be fined
under title 18, United States Code, or imprisoned not more than
three years, or both.
(d) A term of imprisonment imposed under this section shall be
consecutive to any other sentence of imprisonment.
DEFENSES AND EXCEPTIONS
SEC. 602. ø50 U.S.C. 422¿ (a) It is a defense to a prosecution
under section 601 that before the commission of the offense with
which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United
States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.
Sec. 603
NATIONAL SECURITY ACT OF 1947
52
(b)(1) Subject to paragraph (2), no person other than a person
committing an offense under section 601 shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18,
United States Code, or shall be subject to prosecution for conspiracy to commit an offense under such section.
(2) Paragraph (1) shall not apply (A) in the case of a person
who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such
activities would impair or impede the foreign intelligence activities
of the United States, or (B) in the case of a person who has authorized access to classified information.
(c) It shall not be an offense under section 601 to transmit information described in such section directly to either congressional
intelligence committee.
(d) It shall not be an offense under section 601 for an individual to disclose information that solely identifies himself as a
covert agent.
REPORT
SEC. 603. ø50 U.S.C. 423¿ (a) The President, after receiving information from the Director of Central Intelligence, shall submit to
the congressional intelligence committees an annual report on
measures to protect the identities of covert agents, and on any
other matter relevant to the protection of the identities of covert
agents. The date for the submittal of the report shall be the date
provided in section 507.
(b) The report described in subsection (a) shall be exempt from
any requirement for publication or disclosure.
EXTRATERRITORIAL JURISDICTION
SEC. 604. ø50 U.S.C. 424¿ There is jurisdiction over an offense
under section 601 committed outside the United States if the individual committing the offense is a citizen of the United States or
an alien lawfully admitted to the United States for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act).
PROVIDING INFORMATION TO CONGRESS
SEC. 605. ø50 U.S.C. 425¿ Nothing in this title may be construed as authority to withhold information from the Congress or
from a committee of either House of Congress.
DEFINITIONS
SEC. 606. ø50 U.S.C. 426¿ For the purposes of this title:
(1) The term ‘‘classified information’’ means information or
material designated and clearly marked or clearly represented,
pursuant to the provisions of a statute or Executive order (or
a regulation or order issued pursuant to a statute or Executive
order), as requiring a specific degree of protection against unauthorized disclosure for reasons of national security.
(2) The term ‘‘authorized’’, when used with respect to access to classified information, means having authority, right, or
permission pursuant to the provisions of a statute, Executive
53
NATIONAL SECURITY ACT OF 1947
Sec. 606
order, directive of the head of any department or agency engaged in foreign intelligence or counterintelligence activities,
order of any United States court, or provisions of any Rule of
the House of Representatives or resolution of the Senate which
assigns responsibility within the respective House of Congress
for the oversight of intelligence activities.
(3) The term ‘‘disclose’’ means to communicate, provide,
impart, transmit, transfer, convey, publish, or otherwise make
available.
(4) The term ‘‘covert agent’’ means—
(A) a present or retired officer or employee of an intelligence agency or a present or retired member of the
Armed Forces assigned to duty with an intelligence
agency—
(i) whose identity as such an officer, employee, or
member is classified information, and
(ii) who is serving outside the United States or
has within the last five years served outside the
United States; or
(B) a United States citizen whose intelligence relationship to the United States is classified information, and—
(i) who resides and acts outside the United States
as an agent of, or informant or source of operational
assistance to, an intelligence agency, or
(ii) who is at the time of the disclosure acting as
an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the
Federal Bureau of Investigation; or
(C) an individual, other than a United States citizen,
whose past or present intelligence relationship to the
United States is classified information and who is a
present or former agent of, or a present or former informant or source of operational assistance to, an intelligence
agency.
(5) The term ‘‘intelligence agency’’ means the Central Intelligence Agency, a foreign intelligence component of the Department of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation.
(6) The term ‘‘informant’’ means any individual who furnishes information to an intelligence agency in the course of a
confidential relationship protecting the identity of such individual from public disclosure.
(7) The terms ‘‘officer’’ and ‘‘employee’’ have the meanings
given such terms by section 2104 and 2105, respectively, of
title 5, United States Code.
(8) The term ‘‘Armed Forces’’ means the Army, Navy, Air
Force, Marine Corps, and Coast Guard.
(9) The term ‘‘United States’’, when used in a geographic
sense, means all areas under the territorial sovereignty of the
United States and the Trust Territory of the Pacific Islands.
(10) The term ‘‘pattern of activities’’ requires a series of
acts with a common purpose or objective.
Sec. 701
NATIONAL SECURITY ACT OF 1947
54
TITLE VII—PROTECTION OF OPERATIONAL FILES OF THE
CENTRAL INTELLIGENCE AGENCY
EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,
PUBLICATION, OR DISCLOSURE
SEC. 701. ø50 U.S.C. 431¿ (a) Operational files of the Central
Intelligence Agency may be exempted by the Director of Central Intelligence from the provisions of section 552 of title 5, United
States Code (Freedom of Information Act), which require publication or disclosure, or search or review in connection therewith.
(b) For the purposes of this title the term ‘‘operational files’’
means—
(1) files of the Directorate of Operations which document the
conduct of foreign intelligence or counterintelligence operations
or intelligence or security liaison arrangements or information
exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology
which document the means by which foreign intelligence or
counterintelligence is collected through scientific and technical
systems; and
(3) files of the Office of Personnel Security which document
investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
(c) Notwithstanding subsection (a) of this section, exempted
operational files shall continue to be subject to search and review
for information concerning—
(1) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on themselves pursuant to the provisions of section 552 of title 5,
United States Code (Freedom of Information Act), or section
552a of title 5, United States Code (Privacy Act of 1974);
(2) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of
title 5, United States Code (Freedom of Information Act); or
(3) the specific subject matter of an investigation by the
congressional intelligence committees, the Intelligence Oversight Board, the Department of Justice, the Office of General
Counsel of the Central Intelligence Agency, the Office of Inspector General of the Central Intelligence Agency, or the Office of the Director of Central Intelligence for any impropriety,
or violation of law, Executive order, or Presidential directive,
in the conduct of an intelligence activity.
(d)(1) Files that are not exempted under subsection (a) of this
section which contain information derived or disseminated from exempted operational files shall be subject to search and review.
(2) The inclusion of information from exempted operational
files in files that are not exempted under subsection (a) of this section shall not affect the exemption under subsection (a) of this section of the originating operational files from search, review, publication, or disclosure.
55
NATIONAL SECURITY ACT OF 1947
Sec. 701
(3) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted
under subsection (a) of this section and which have been returned
to exempted operational files for sole retention shall be subject to
search and review.
(e) The provisions of subsection (a) of this section shall not be
superseded except by a provision of law which is enacted after the
date of enactment of subsection (a), and which specifically cites and
repeals or modifies its provisions.
(f) Whenever any person who has requested agency records
under section 552 of title 5, United States Code (Freedom of Information Act), alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with any
provision of this section, judicial review shall be available under
the terms set forth in section 552(a)(4)(B) of title 5, United States
Code, except that—
(1) in any case in which information specifically authorized
under criteria established by an Executive order to be kept secret in the interest of national defense or foreign relations
which is filed with, or produced for, the court by the Central
Intelligence Agency, such information shall be examined ex
parte, in camera by the court;
(2) the court shall, to the fullest extent practicable, determine issues of fact based on sworn written submissions of the
parties;
(3) when a complainant alleges that requested records are
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission, based upon personal knowledge or otherwise admissible evidence;
(4)(A) when a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Central Intelligence Agency shall meet its
burden under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in subsection (b) of this section; and
(B) the court may not order the Central Intelligence Agency to review the content of any exempted operational file or
files in order to make the demonstration required under subparagraph (A) of this paragraph, unless the complainant disputes the Central Intelligence Agency’s showing with a sworn
written submission based on personal knowledge or otherwise
admissible evidence;
(5) in proceedings under paragraphs (3) and (4) of this subsection, the parties shall not obtain discovery pursuant to rules
26 through 36 of the Federal Rules of Civil Procedure, except
that requests for admission may be made pursuant to rules 26
and 36;
(6) if the court finds under this subsection that the Central
Intelligence Agency has improperly withheld requested records
because of failure to comply with any provision of this section,
the court shall order the Central Intelligence Agency to search
and review the appropriate exempted operational file or files
Sec. 702
NATIONAL SECURITY ACT OF 1947
56
for the requested records and make such records, or portions
thereof, available in accordance with the provisions of section
552 of title 5, United States Code (Freedom of Information
Act), and such order shall be the exclusive remedy for failure
to comply with this section; and
(7) if at any time following the filing of a complaint pursuant to this subsection the Central Intelligence Agency agrees
to search the appropriate exempted operational file or files for
the requested records, the court shall dismiss the claim based
upon such complaint.
DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES
SEC. 702. ø50 U.S.C. 432¿ (a) Not less than once every ten
years, the Director of Central Intelligence shall review the exemptions in force under subsection (a) of section 701 of this Act to determine whether such exemptions may be removed from any category of exempted files or any portion thereof.
(b) The review required by subsection (a) of this section shall
include consideration of the historical value or other public interest
in the subject matter of the particular category of files or portions
thereof and the potential for declassifying a significant part of the
information contained therein.
(c) A complainant who alleges that the Central Intelligence
Agency has improperly withheld records because of failure to comply with this section may seek judicial review in the district court
of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the
court’s review shall be limited to determining (1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title
or within ten years after the last review, and (2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in
subsection (b) of this section in conducting the required review.
TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
PROCEDURES
SEC. 801. ø50 U.S.C 435¿ (a) Not later than 180 days after the
date of enactment of this title, the President shall, by Executive
order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments,
agencies, and offices of the executive branch of Government. Such
procedures shall, at a minimum—
(1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may
be given access to classified information by any department,
agency, or office of the executive branch of Government unless,
based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States;
(2) establish uniform minimum requirements governing
the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Gov-
57
NATIONAL SECURITY ACT OF 1947
Sec. 802
ernment who require access to classified information as part of
their official responsibilities;
(3) provide that all employees in the executive branch of
Government who require access to classified information shall
be required as a condition of such access to provide to the employing department or agency written consent which permits
access by an authorized investigative agency to relevant financial records, other financial information, consumer reports,
travel records, and computers used in the performance of Government duties, as determined by the President, in accordance
with section 802 of this title, during the period of access to
classified information and for a period of three years thereafter;
(4) provide that all employees in the executive branch of
Government who require access to particularly sensitive classified information, as determined by the President, shall be required, as a condition of maintaining access to such information, to submit to the employing department or agency, during
the period of such access, relevant information concerning their
financial condition and foreign travel, as determined by the
President, as may be necessary to ensure appropriate security;
and
(5) establish uniform minimum standards to ensure that
employees in the executive branch of Government whose access
to classified information is being denied or terminated under
this title are appropriately advised of the reasons for such denial or termination and are provided an adequate opportunity
to respond to all adverse information which forms the basis for
such denial or termination before final action by the department or agency concerned.
(b)(1) Subsection (a) shall not be deemed to limit or affect the
responsibility and power of an agency head pursuant to other law
or Executive order to deny or terminate access to classified information if the national security so requires. Such responsibility and
power may be exercised only when the agency head determines
that the procedures prescribed by subsection (a) cannot be invoked
in a manner that is consistent with the national security.
(2) Upon the exercise of such responsibility, the agency head
shall submit a report to the congressional intelligence committees.
REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES
SEC. 802. ø50 U.S.C. 436¿ (a)(1) Any authorized investigative
agency may request from any financial agency, financial institution, or holding company, or from any consumer reporting agency,
such financial records, other financial information, and consumer
reports as may be necessary in order to conduct any authorized law
enforcement investigation, counterintelligence inquiry, or security
determination. Any authorized investigative agency may also request records maintained by any commercial entity within the
United States pertaining to travel by an employee in the executive
branch of Government outside the United States.
(2) Requests may be made under this section where—
(A) the records sought pertain to a person who is or was
an employee in the executive branch of Government required
by the President in an Executive order or regulation, as a con-
Sec. 802
NATIONAL SECURITY ACT OF 1947
58
dition of access to classified information, to provide consent,
during a background investigation and for such time as access
to the information is maintained, and for a period of not more
than three years thereafter, permitting access to financial
records, other financial information, consumer reports, and
travel records; and
(B)(i) there are reasonable grounds to believe, based on
credible information, that the person is, or may be, disclosing
classified information in an unauthorized manner to a foreign
power or agent of a foreign power;
(ii) information the employing agency deems credible indicates the person has incurred excessive indebtedness or has acquired a level of affluence which cannot be explained by other
information known to the agency; or
(iii) circumstances indicate the person had the capability
and opportunity to disclose classified information which is
known to have been lost or compromised to a foreign power or
an agent of a foreign power.
(3) Each such request—
(A) shall be accompanied by a written certification signed
by the department or agency head or deputy department or
agency head concerned, or by a senior official designated for
this purpose by the department or agency head concerned
(whose rank shall be no lower than Assistant Secretary or Assistant Director), and shall certify that—
(i) the person concerned is or was an employee within
the meaning of paragraph (2)(A);
(ii) the request is being made pursuant to an authorized inquiry or investigation and is authorized under this
section; and
(iii) the records or information to be reviewed are
records or information which the employee has previously
agreed to make available to the authorized investigative
agency for review;
(B) shall contain a copy of the agreement referred to in
subparagraph (A)(iii);
(C) shall identify specifically or by category the records or
information to be reviewed; and
(D) shall inform the recipient of the request of the prohibition described in subsection (b).
(b) Notwithstanding any other provision of law, no governmental or private entity, or officer, employee, or agent of such entity, may disclose to any person, other than those officers, employees,
or agents of such entity necessary to satisfy a request made under
this section, that such entity has received or satisfied a request
made by an authorized investigative agency under this section.
(c)(1) Notwithstanding any other provision of law (other than
section 6103 of the Internal Revenue Code of 1986), an entity receiving a request for records or information under subsection (a)
shall, if the request satisfies the requirements of this section, make
available such records or information within 30 days for inspection
or copying, as may be appropriate, by the agency requesting such
records or information.
(2) Any entity (including any officer, employee, or agent thereof) that discloses records or information for inspection or copying
59
NATIONAL SECURITY ACT OF 1947
Sec. 804
pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be liable for any such disclosure to any person under this title, the constitution of any State, or any law or regulation of any State or any
political subdivision of any State.
(d) Any agency requesting records or information under this
section may, subject to the availability of appropriations, reimburse
a private entity for any cost reasonably incurred by such entity in
responding to such request, including the cost of identifying, reproducing, or transporting records or other data.
(e) An agency receiving records or information pursuant to a
request under this section may disseminate the records or information obtained pursuant to such request outside the agency only—
(1) to the agency employing the employee who is the subject of the records or information;
(2) to the Department of Justice for law enforcement or
counterintelligence purposes; or
(3) with respect to dissemination to an agency of the
United States, if such information is clearly relevant to the authorized responsibilities of such agency.
(f) Nothing in this section may be construed to affect the authority of an investigative agency to obtain information pursuant
to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
EXCEPTIONS
SEC. 803. ø50 U.S.C. 437¿ Except as otherwise specifically provided, the provisions of this title shall not apply to the President
and Vice President, Members of the Congress, Justices of the Supreme Court, and Federal judges appointed by the President.
DEFINITIONS
SEC. 804. ø50 U.S.C. 438¿ For purposes of this title—
(1) the term ‘‘authorized investigative agency’’ means an
agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are
proposed for access to classified information to ascertain
whether such persons satisfy the criteria for obtaining and retaining access to such information;
(2) the term ‘‘classified information’’ means any information that has been determined pursuant to Executive Order
No. 12356 of April 2, 1982, or successor orders, or the Atomic
Energy Act of 1954, to require protection against unauthorized
disclosure and that is so designated;
(3) the term ‘‘consumer reporting agency’’ has the meaning
given such term in section 603 of the Consumer Credit Protection Act (15 U.S.C. 1681a);
(4) the term ‘‘employee’’ includes any person who receives
a salary or compensation of any kind from the United States
Government, is a contractor of the United States Government
or an employee thereof, is an unpaid consultant of the United
States Government, or otherwise acts for or on behalf of the
United States Government, except as otherwise determined by
the President;
Sec. 901
NATIONAL SECURITY ACT OF 1947
60
(5) the terms ‘‘financial agency’’ and ‘‘financial institution’’
have the meanings given to such terms in section 5312(a) of
title 31, United States Code, and the term ‘‘holding company’’
has the meaning given to such term in section 1101(6) of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401);
(6) the terms ‘‘foreign power’’ and ‘‘agent of a foreign
power’’ have the same meanings as set forth in sections 101 (a)
and (b), respectively, of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801);
(7) the term ‘‘State’’ means each of the several States of
the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau, and
any other possession of the United States; and
(8) the term ‘‘computer’’ means any electronic, magnetic,
optical, electrochemical, or other high speed data processing
device performing logical, arithmetic, or storage functions, and
includes any data storage facility or communications facility directly related to or operating in conjunction with such device
and any data or other information stored or contained in such
device.
TITLE IX—APPLICATION OF SANCTIONS LAWS TO
INTELLIGENCE ACTIVITIES
STAY OF SANCTIONS
SEC. 901. ø50 U.S.C. 441¿ Notwithstanding any provision of
law identified in section 904, the President may stay the imposition
of an economic, cultural, diplomatic, or other sanction or related action by the United States Government concerning a foreign country, organization, or person when the President determines and reports to Congress in accordance with section 903 that to proceed
without delay would seriously risk the compromise of an ongoing
criminal investigation directly related to the activities giving rise
to the sanction or an intelligence source or method directly related
to the activities giving rise to the sanction. Any such stay shall be
effective for a period of time specified by the President, which period may not exceed 120 days, unless such period is extended in accordance with section 902.
EXTENSION OF STAY
SEC. 902. ø50 U.S.C. 441a¿ Whenever the President determines and reports to Congress in accordance with section 903 that
a stay of sanctions or related actions pursuant to section 901 has
not afforded sufficient time to obviate the risk to an ongoing criminal investigation or to an intelligence source or method that gave
rise to the stay, he may extend such stay for a period of time specified by the President, which period may not exceed 120 days. The
authority of this section may be used to extend the period of a stay
pursuant to section 901 for successive periods of not more than 120
days each.
61
NATIONAL SECURITY ACT OF 1947
Sec. 1001
REPORTS
SEC. 903. ø50 U.S.C. 441b¿ Reports to Congress pursuant to
sections 901 and 902 shall be submitted promptly upon determinations under this title. Such reports shall be submitted to the Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate. With respect to determinations relating to intelligence sources and methods, reports shall also be submitted to the congressional intelligence committees. With respect to determinations relating to ongoing criminal investigations, reports shall also be submitted to the
Committees on the Judiciary of the House of Representatives and
the Senate.
LAWS SUBJECT TO STAY
SEC. 904. ø50 U.S.C. 441c¿ The President may use the authority of sections 901 and 902 to stay the imposition of an economic,
cultural, diplomatic, or other sanction or related action by the
United States Government related to the proliferation of weapons
of mass destruction, their delivery systems, or advanced conventional weapons otherwise required to be imposed by the Chemical
and Biological Weapons Control and Warfare Elimination Act of
1991 (title III of Public Law 102–182); the Nuclear Proliferation
Prevention Act of 1994 (title VIII of Public Law 103–236); title
XVII of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510) (relating to the nonproliferation of missile technology); the Iran-Iraq Arms Nonproliferation Act of 1992
(title XVI of Public Law 102–484); section 573 of the Foreign Operations, Export Financing Related Programs Appropriations Act,
1994 (Public Law 103–87); section 563 of the Foreign Operations,
Export Financing Related Programs Appropriations Act, 1995 (Public Law 103–306); and comparable provisions.
APPLICATION
SEC. 905. ø50 U.S.C. 441d¿ This title shall cease to be effective
on January 6, 2000.
TITLE X—EDUCATION IN SUPPORT OF NATIONAL
INTELLIGENCE
SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE
DEGREES IN SCIENCE AND TECHNOLOGY
SEC. 1001. ø50 U.S.C. 441g¿ (a) PROGRAM AUTHORIZED.—The
Director of Central Intelligence may carry out a program to provide
scholarships and work-study for individuals who are pursuing
graduate degrees in fields of study in science and technology that
are identified by the Director as appropriate to meet the future
needs of the intelligence community for qualified scientists and engineers.
(b) ADMINISTRATION.—If the Director carries out the program
under subsection (a), the Director shall administer the program
through the Assistant Director of Central Intelligence for Administration.
(c) IDENTIFICATION OF FIELDS OF STUDY.—If the Director carries out the program under subsection (a), the Director shall iden-
Sec. 1101
NATIONAL SECURITY ACT OF 1947
62
tify fields of study under subsection (a) in consultation with the
other heads of the elements of the intelligence community.
(d) ELIGIBILITY FOR PARTICIPATION.—An individual eligible to
participate in the program is any individual who—
(1) either—
(A) is an employee of the intelligence community; or
(B) meets criteria for eligibility for employment in the
intelligence community that are established by the Director;
(2) is accepted in a graduate degree program in a field of
study in science or technology identified under subsection (a);
and
(3) is eligible for a security clearance at the level of Secret
or above.
(e) REGULATIONS.—If the Director carries out the program
under subsection (a), the Director shall prescribe regulations for
purposes of the administration of this section.
TITLE XI—ADDITIONAL MISCELLANEOUS PROVISIONS
APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS
SEC. 1101. ø50 U.S.C. 442¿ (a) IN GENERAL.—No Federal law
enacted on or after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2001 that implements a treaty or
other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the
United States Government or its employees, or any other person to
the extent such other person is carrying out such activity on behalf
of, and at the direction of, the United States, unless such Federal
law specifically addresses such intelligence activity.
(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An intelligence activity shall be treated as authorized for purposes of subsection (a)
if the intelligence activity is authorized by an appropriate official
of the United States Government, acting within the scope of the official duties of that official and in compliance with Federal law and
any applicable Presidential directive.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
(Chapter 227; 63 Stat. 208; approved June 20, 1949)
AN ACT To provide for the administration of the Central Intelligence Agency, established pursuant to section 102, National Security Act of 1947, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DEFINITIONS
SECTION 1. ø50 U.S.C. 403a¿ That when used in this Act, the
term—
(a) ‘‘Agency’’ means the Central Intelligence Agency;
(b) ‘‘Director’’ means the Director of Central Intelligence;
(c) ‘‘Government agency’’ means any executive department,
commission, council, independent establishment, corporation wholly
or partly owned by the United States which is an instrumentality
of the United States, board, bureau, division, service, office, officer,
authority, administration, or other establishment, in the executive
branch of the Government.
SEAL OF OFFICE
SEC. 2. ø50 U.S.C. 403b¿ 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.
PROCUREMENT AUTHORITIES
SEC. 3. ø50 U.S.C. 403c¿ (a) In the performance of its functions
the Central Intelligence Agency is authorized to exercise the authorities contained in sections 2(c) (1), (2), (3), (4), (5), (6), (10), (12),
(15), (17), and sections 3, 4, 5, 6, and 10 of the Armed Services Procurement Act of 1947 1 (Public Law 413, Eightieth Congress, second
session).
(b) 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.
(c) 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 pro1 The Armed Services Procurement Act of 1947 was repealed by the law enacting titles 10 and
32, United States Code (Act of August 10, 1956, 70A Stat. 1). The cited sections were replaced
by sections 2304(a) (1)–(6), (10), (12), (15), and (17), 2305 (a)–(c). 2306, 2307, 2308, 2309, 2312,
and 2313 of title 10. Section 49(b) of that Act provided: ‘‘References that other laws, regulations,
and orders make to the replaced law shall be considered to be made to the corresponding provisions of [the sections enacting titles 10 and 32].’’
63
Sec. 4
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
64
vided 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) The power of the Agency head to make the determinations
or decisions specified in paragraphs (12) and (15) of section 2(c) and
section 5(a) of the Armed Services Procurement Act of 1947 1 shall
not be delegable. Each determination or decision required by paragraphs (12) and (15) of section 2(c), by section 4 or by section 5(a)
of the Armed Services Procurement Act of 1947,1 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.
øOriginal section 4 (50 U.S.C. 403d) was repealed by section
21(b)(2) of Public Law 85–507 (72 Stat. 337, July 7, 1958).¿
TRAVEL, ALLOWANCES, AND RELATED EXPENSES
SEC. 4. ø50 U.S.C. 403e¿ (a) 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 this or any other Act;
(C) pay the cost of transporting the furniture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termination of his
services, to his residence at time of appointment or to a point
not more distant, or, upon retirement, to the place where he
will reside;
(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
1 See footnote on previous page. The cited provisions were replaced by paragraphs (12) and
(15) of section 2304(a) and section 2307(a) of title 10.
65
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 4
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 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; and the time of such
work or duty shall not be counted as leave.
(C) Where an officer or employee on leave returns to the
United States (as described in paragraph (3)(A) of this section),
leave of absence granted shall be exclusive of the time actually
and necessarily occupied in going to and from the United
1 So
in original. The period probably should be a semicolon.
Sec. 4
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
66
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 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, United States Code, 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 of duty. If the officer or employee is too ill to travel unattended, the Director may also pay
the travel expenses of an attendant;
(B) Establish a first-aid station and provide for the services of a nurse at a post at which, in the opinion of the Director, sufficient personnel is employed to warrant such a station:
Provided, That, in the opinion of the Director, it is not feasible
to utilize an existing facility;
(C) In the event of illness or injury requiring hospitalization of an officer or full time employee of the Agency incurred
in the line of duty while such person is assigned abroad, pay
for the cost of the treatment of such illnesss 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 inoculations 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
67
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 4
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)(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, United States Code, 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.
Sec. 5
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
68
(4) Members of the Armed Forces may not receive benefits
under both this section and title 37, United States Code, 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.
GENERAL AUTHORITIES
SEC. 5. ø50 U.S.C. 403f¿ (a) IN GENERAL.—In the performance
of its functions, the Central Intelligence Agency is authorized to—
(1) Transfer to and receive from other Government agencies
such sums as may be approved by the Office of Management and
Budget, for the performance of any of the functions or activities authorized under paragraphs (2) and (3) of section 102(a), subsections
(c)(6) and (d) of section 103, subsections (a) and (g) of section 104,
and section 303 of the National Security Act of 1947 (50 U.S.C.
403(a)(2), (3), 403–3(c)(6), (d), 403–4(a), (g), and 405), 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 this Act without regard
to limitations of appropriations from which transferred;
(2) Exchange funds without regard to section 3651 Revised
Statutes (31 U.S.C. 543);
(3) Reimburse other Government agencies for services of personnel assigned to the Agency, and such other Government agencies are hereby 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, United
States Code, 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) shall be subject to appropriations provided in advance for—
69
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 7
(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 3(2) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 622(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, United States
Code, amounts obligated for paying termination costs with respect to such lease shall remain available until the costs associated with termination of such lease are paid;
(C) funds available for termination liability shall remain
available to satisfy rental obligations with respect to such lease
in subsequent fiscal years in the event such lease is not terminated early, but only to the extent those funds are in excess
of the amount of termination liability at the time of their use
to satisfy such rental obligations; and
(D) funds appropriated for a fiscal year may be used to
make payments on such lease, for a maximum of 12 months,
beginning any time during such fiscal year.
(c) TRANSFERS FOR ACQUISITION OF LAND.—(1) Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency
for that purpose shall remain available for 3 years.
(2) The Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the transfer
of sums described in paragraph (1) each time that authority is exercised.
SEC. 6. ø50 U.S.C. 403g¿ In the interests of the security of the
foreign intelligence activities of the United States and in order further to implement section 103(c)(6) of the National Security Act of
1947 (50 U.S.C. 403–3(c)(6)) 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, chapter 795 of the Act
of August 28, 1935 1 (49 Stat. 956, 957; 5 U.S.C. 654), and the provisions of any other laws 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, title VI, chapter 212 of the
Act of June 30, 1945, as amended 1 (5 U.S.C. 947(b)).
SEC. 7. ø50 U.S.C. 403h¿ Whenever the Director, the Attorney
General and the Commissioner of Immigration shall determine
that the admission of a particular alien into the United States for
1 The cited Act of August 28, 1935, was repealed by the Independent Offices Appropriation
Act, 1961 (Public Law 86–626, 74 Stat. 427).
1 Section 607 of the Act of June 30, 1945, was repealed by section 301(85) of the Budget and
Accounting Procedures Act of 1950 (64 Stat. 843).
Sec. 8
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
70
permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such
alien and his immediate family shall be admitted to the United
States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations,
or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and
members of their immediate families admitted to the United States
under the authority of this section shall in no case exceed one hundred persons in any one fiscal year.
APPROPRIATIONS
SEC. 8. ø50 U.S.C. 403j¿ (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. 150); 2 rental of newsreporting 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 61 Stat. 646; 6 U.S.C. 14; 1 payment of
claims pursuant to 28 U.S.C.; 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; 2 re2 The law codified to section 150 of title 5 before the enactment of that title was replaced by
section 7901 of title 5 upon the enactment of that title by Public Law 89–544 (Sept. 6, 1966,
80 Stat. 378).
1 Section 14 of title 6, United States Code, relating to the purchase of bonds to cover Government employees, was repealed by section 203(1) of Public Law 92–310 (Act of June 6, 1972, 86
Stat. 202).
2 Section 3734 of the Revised Statutes of the United States, formerly classified to sections 259
and 267 of title 40, was repealed by section 17(12) of the Public Buildings Act of 1959 (Public
71
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 11
pair, 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.
[Original section 9 (50 U.S.C. 403i) was repealed by section
601(b) of Public Law 763, 68 Stat. 1115; September 1, 1954.]
SEPARABILITY OF PROVISIONS
SEC. 9. ø50 U.S.C. 403a note¿ If any provision of this Act, or
the application of such provision to any person or circumstances, is
held invalid, the remainder of this Act or the application of such
provision to persons or circumstances other than these as to which
it is held invalid, shall not be affected thereby.
SHORT TITLE
SEC. 10. ø50 U.S.C. 401 note¿ This Act may be cited as the
‘‘Central Intelligence Agency Act of 1949’’.
AUTHORITY TO PAY DEATH GRATUITIES
SEC. 11. ø50 U.S.C. 403k¿ (a)(1) The Director may pay a gratuity to the surviving dependents of any officer or employee of the
Agency who dies as a result of injuries (other than from disease)
sustained outside the United States and whose death—
(A) resulted from hostile or terrorist activities; or
(B) occurred in connection with an intelligence activity
having a substantial element of risk.
(2) The provisions of this subsection shall apply with respect
to deaths occurring after June 30, 1974.
(b) Any payment under subsection (a)—
(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 14 of the Act of August 1, 1956
(22 U.S.C. 2679a). 1
Law 86–249, 73 Stat. 485). That Act is shown in the United States Code as chapter 12 of title
40 (40 U.S.C. 601 et seq.).
1 Section 14 of the Act of August 1, 1956, was repealed effective February 15, 1981, by section
2205(10) of the Foreign Service Act of 1980 (Public Law 96–465, 94 Stat. 2160. The subject of
death gratuities for Foreign Service employees is now covered by section 413 of that Act (22
U.S.C. 3973; 94 Stat. 2092). Section 2401(c) of that Act (94 Stat. 2168) provided: ‘‘References
in law to provisions of the Foreign Service Act of 1946 or other law superseded by that Act shall
be deemed to include reference to the corresponding provisions of this Act.’’.
Sec. 12
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
72
AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUESTS
SEC. 12. ø50 U.S.C. 403l¿ (a) 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) 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.
(c) 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).
(d) 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) For the purposes of this section, the term ‘‘gift’’ includes a
bequest or devise.
MISUSE OF AGENCY NAME, INITIALS OR SEAL
SEC. 13. ø50 U.S.C. 403m¿ (a) 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) 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.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 15
RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES
SEC. 14. ø50 U.S.C. 403n¿ (a) The provisions of sections 102,
221(b) (1)–(3), 221(f), 221(g), 221(h)(2), 221(i), 221(l), 222, 223, 224,
225, 232(b), 241(b), 241(d), and 264(b) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 403 note) 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) 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.
SECURITY PERSONNEL AT AGENCY INSTALLATIONS
SEC. 15. ø50 U.S.C. 403o¿ (a)(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 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),
with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—
(A) within the Agency Headquarters Compound and the
property controlled and occupied by the Federal Highway Administration located immediately adjacent to such Compound;
(B) in the streets, sidewalks, and the open areas within
the zone beginning at the outside boundary of such Compound
and property and extending outward 500 feet;
(C) within any other Agency installation and protected
property; and
(D) in the streets, sidewalks, and open areas within the
zone beginning at the outside boundary of any installation or
property referred to in subparagraph (C) and extending outward 500 feet.
(2) The performance of functions and exercise of powers under
subparagraph (B) or (D) of paragraph (1) shall be limited to those
circumstances where such personnel can identify specific and
articulable facts giving such personnel reason to believe that the
performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of
physical damage or injury, to Agency installations, property, or employees.
(3) Nothing in this subsection shall be construed to preclude,
or limit in any way, the authority of any Federal, State, or local
law enforcement agency, or any other Federal police or Federal protective service.
(4) The rules and regulations enforced by such personnel shall
be the rules and regulations prescribed by the Director and shall
Sec. 16
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
74
only be applicable to the areas referred to in subparagraph (A) or
(C) of paragraph (1).
(b) 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 the fourth section of the Act referred to in subsection
(a) of this section (40 U.S.C. 318c).
(c) 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.
HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL
INTELLIGENCE AGENCY EMPLOYEES
SEC. 16. ø50 U.S.C. 403p¿ (a) Except as provided in subsection
(e), 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)(1) Any individual eligible for coverage under subsection (a)
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 the effective date of this section, 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, United States
Code, 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); 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.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 16
(c) ELIGIBILITY OF FORMER WIVES OR HUSBANDS.—(1) Notwithstanding subsections (a) and (b) and except as provided in subsections (d), (e), and (f), 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 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013); and
(C) who was enrolled in a health benefits plan as a family
member at any time during the 18-month period before the
date of dissolution of the marriage to such participant;
is eligible for coverage under a health benefits plan.
(2) A former spouse eligible for coverage under paragraph (1)
may enroll in a health benefits plan in accordance with subsection
(b)(1), 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) and except as provided in subsections (e)
and (f), 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)(1) Any former spouse who remarries before age fifty-five is
not eligible to make an election under subsection (b)(1).
(2) Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) or to subsection (d) 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—
Sec. 17
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
76
(i) was an individual referred to in paragraph (1) and was
an individual covered under a benefits plan as a family member at any time during the 18-month period before the date of
dissolution of the marriage to the Agency employee or annuitant; or
(ii) was an individual referred to in paragraph (2) and was
an individual covered under a benefits plan immediately before
the remarriage ended the enrollment.
(f) 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) For purposes of this section the term ‘‘health benefits plan’’
means an approved health benefits plan under chapter 89 of title
5, United States Code.
SEC. 17. ø50 U.S.C. 403q¿ INSPECTOR GENERAL FOR THE AGENCY.
(a) PURPOSE; ESTABLISHMENT.—In order to—
(1) create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independently
inspections, investigations, and audits relating to programs
and operations of the Agency;
(2) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the administration of such programs and operations, and detect fraud and
abuse in such programs and operations;
(3) provide a means for keeping the Director fully and currently informed about problems and deficiencies relating to the
administration of such programs and operations, and the necessity for and the progress of corrective actions; and
(4) in the manner prescribed by this section, ensure that
the Senate Select Committee on Intelligence and the House
Permanent Select Committee 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 if the Director determines that such prohibition is nec-
77
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 17
essary 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, United States
Code, 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.
(c) DUTIES AND RESPONSIBILITIES.—It shall be the duty and responsibility of the Inspector General appointed under this section—
(1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the inspections, investigations, and audits relating to the programs and operations
of the Agency to ensure they are conducted efficiently and in
accordance with applicable law and regulations;
(2) to keep the Director fully and currently informed concerning violations of law and regulations, fraud and other serious problems, abuses and deficiencies that may occur in such
programs and operations, and to report the progress made in
implementing corrective action;
(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Office, and, to the extent consistent with the purpose and
objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and
methods described in such reports; and
(4) in the execution of his responsibilities, to comply with
generally accepted government auditing standards.
(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF SERIOUS OR
FLAGRANT PROBLEMS; REPORTS OF FUNCTIONAL PROBLEMS; REPORTS TO CONGRESS ON URGENT CONCERNS.—(1) The Inspector
General shall, not later than January 31 and July 31 of each year,
prepare and submit to the Director 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, the Director shall
transmit such reports to the intelligence committees with any comments he may deem appropriate. Such reports shall, at a min-
Sec. 17
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
78
imum, include a list of the title or subject of each inspection, investigation, or audit conducted during the reporting period and—
(A) a description of significant problems, abuses, and deficiencies relating to the administration of programs and
operations of the Agency identified by the Office during the reporting period;
(B) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified
in subparagraph (A);
(C) a statement of whether corrective action has been completed on each significant recommendation described in previous 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) 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 and consent of the Senate, including such a position
held on an acting basis; or
(ii) holds or held the position in the Agency, including
such a position held on an acting basis, of—
(I) Executive Director;
(II) Deputy Director for Operations;
(III) Deputy Director for Intelligence;
(IV) Deputy Director for Administration; or
(V) Deputy Director for Science and Technology;
(C) a matter requires a report by the Inspector General to
the Department of Justice on possible criminal conduct by a
current or former Agency official described or referred to in
subparagraph (B);
(D) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible
79
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 17
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,
the Director shall submit to the intelligence committees any report
or findings and recommendations of an inspection, investigation, or
audit conducted by the office which has been requested by the
Chairman or Ranking Minority Member of either committee.
(5)(A) An employee of the Agency, or of a contractor to the
Agency, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint
or information to the Inspector General.
(B) Not later than the end of the 14-calendar day period beginning on the date of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible.
Upon making such a determination, the Inspector General shall
transmit to the Director notice of that determination, together with
the complaint or information.
(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within 7 calendar days
of such receipt, forward such transmittal to the intelligence committees, together with any comments the Director considers appropriate.
(D)(i) If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not transmit the complaint or information
to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the intelligence
committees directly.
(ii) The employee may contact the intelligence committees directly as described in clause (i) only if the employee—
(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.
Sec. 17
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
80
(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, United States Code, constituting reprisal or threat of reprisal prohibited under
subsection (e)(3)(B) 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 THE 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.
81
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 17
(4) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of his duties, which oath affirmation, or affidavit when administered or taken by or before an
employee of the Office designated by the Inspector General shall
have the same force and effect as if administered or taken by or
before an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the
performance of the duties and responsibilities of the Inspector
General.
(B) In the case of Government agencies, the Inspector General
shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.
(C) The Inspector General may not issue a subpoena for or on
behalf of any other element or component of the Agency.
(D) In the case of contumacy or refusal to obey a subpoena
issued under this paragraph, the subpoena shall be enforceable by
order of any appropriate district court of the United States.
(6) The Inspector General shall be provided with appropriate
and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services,
and communications facilities and services as may be necessary for
the operation of such offices.
(7) Subject to applicable law and the policies of the Director,
the Inspector General shall select, appoint and employ such officers
and employees as may be necessary to carry out his functions. In
making such selections, the Inspector General shall ensure that
such officers and employees have the requisite training and experience to enable him to carry out his duties effectively. In this regard, the Inspector General shall create within his organization a
career cadre of sufficient size to provide appropriate continuity and
objectivity needed for the effective performance of his duties.
(8) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary for carrying out his duties and responsibilities from any
Government agency. Upon request of the Inspector General for
such information or assistance, the head of the Government agency
involved shall, insofar as is practicable and not in contravention of
any existing statutory restriction or regulation of the Government
agency concerned, furnish to the Inspector General, or to an authorized designee, such information or assistance.
(f) SEPARATE BUDGET ACCOUNT.—Beginning with fiscal year
1991, and in accordance with procedures to be issued by the Director of 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.’’
Sec. 18
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
82
The personnel, assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations, allocations,
and other funds employed, held, used, arising from, or available to
such ‘‘Office of Inspector General’’ are hereby transferred to the Office established pursuant to this section.
SPECIAL ANNUITY COMPUTATION RULES FOR CERTAIN EMPLOYEES’
SERVICE ABROAD
SEC. 18. ø50 U.S.C. 403r¿ (a) Notwithstanding any provision of
chapter 83 of title 5, United States Code, the annuity under subchapter III of such chapter of an officer or employee of the Central
Intelligence Agency who retires on or after October 1, 1989, is not
designated under section 203 of the Central Intelligence Agency
Retirement Act, and has served abroad as an officer or employee
of the Agency on or after January 1, 1987, shall be computed as
provided in subsection (b).
(b)(1) The portion of the annuity relating to such service
abroad that is actually performed at any time during the officer’s
or employee’s first ten years of total service shall be computed at
the rate and using the percent of average pay specified in section
8339(a)(3) of title 5, United States Code, that is normally applicable only to so much of an employee’s total service as exceeds ten
years.
(2) The portion of the annuity relating to service abroad as described in subsection (a) but that is actually performed at any time
after the officer’s or employee’s first ten years of total service shall
be computed as provided in section 8339(a)(3) of title 5, United
States Code; but, in addition, the officer or employee shall be
deemed for annuity computation purposes to have actually performed an equivalent period of service abroad during his or her
first ten years of total service, and in calculating the portion of the
officer’s or employee’s annuity for his or her first ten years of total
service, the computation rate and percent of average pay specified
in paragraph (1) shall also be applied to the period of such deemed
or equivalent service abroad.
(3) The portion of the annuity relating to other service by an
officer or employee as described in subsection (a) shall be computed
as provided in the provisions of section 8339(a) of title 5, United
States Code, that would otherwise be applicable to such service.
(4) For purposes of this subsection, the term ‘‘total service’’ has
the meaning given such term under chapter 83 of title 5, United
States Code.
(c) For purposes of subsections (f) through (m) of section 8339
of title 5, United States Code, an annuity computed under this section shall be deemed to be an annuity computed under subsections
(a) and (o) of section 8339 of title 5, United States Code.
(d) The provisions of subsection (a) of this section shall not
apply to an officer or employee of the Central Intelligence Agency
who would otherwise be entitled to a greater annuity computed
under an otherwise applicable subsection of section 8339 of title 5,
United States Code.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 19
SPECIAL RULES FOR DISABILITY RETIREMENT AND DEATH-IN-SERVICE
BENEFITS WITH RESPECT TO CERTAIN EMPLOYEES
SEC. 19. ø50 U.S.C. 403s¿ (a) OFFICERS AND EMPLOYEES TO
WHOM CIARDS SECTION 231 RULES APPLY.—Notwithstanding any
other provision of law, an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83 of title 5, United States Code, who—
(1) has five years of civilian service credit toward retirement under such subchapter III of chapter 83, title 5, United
States Code;
(2) has not been designated under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note),
as a participant in the Central Intelligence Agency Retirement
and Disability System;
(3) has become disabled during a period of assignment to
the performance of duties that are qualifying toward such designation under such section 203; and
(4) satisfies the requirements for disability retirement
under section 8337 of title 5, United States Code—
shall, upon his own application or upon order of the Director, be
retired on an annuity computed in accordance with the rules prescribed in section 231 of such Act, in lieu of an annuity computed
as provided by section 8337 of title 5, United States Code.
(b) SURVIVORS OF OFFICERS AND EMPLOYEES TO WHOM
CIARDS SECTION 232 RULES APPLY.—Notwithstanding any other
provision of law, in the case of an officer or employee of the Central Intelligence Agency subject to retirement system coverage
under subchapter III of chapter 83, title 5, United States Code,
who—
(1) has at least eighteen months of civilian service credit
toward retirement under such subchapter III of chapter 83,
title 5, United States Code;
(2) has not been designated under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013), as a
participant in the Central Intelligence Agency Retirement and
Disability System;
(3) prior to separation or retirement from the Agency, dies
during a period of assignment to the performance of duties
that are qualifying toward such designation under such section
203; and
(4) is survived by a widow or widower, former spouse, and/
or a child or children as defined in section 204 and section 232
of the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees 1, who would otherwise be entitled to an annuity under section 8341 of title 5, United States Code—
such surviving spouse, former spouse, or child of such officer or employee shall be entitled to an annuity computed in accordance with
section 232 of such Act, in lieu of an annuity computed in accordance with section 8341 of title 5, United States Code.
1 The amendment made by section 803(a)(3)(B)(iii) of P.L. 102–496 (106 Stat. 3252) was not
executable. The amendment strikes ‘‘widow or widower, former spouse, and/or child or children
as defined in section 204 and section 232 of such the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees’’ and inserts ‘‘surviving spouse, former spouse, or child as
defined in section 102 of the Central Intelligence Agency Retirement Act’’.
Sec. 20
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
84
(c) ANNUITIES UNDER THIS SECTION DEEMED ANNUITIES UNDER
CSRS.—The annuities provided under subsections (a) and (b) of
this section shall be deemed to be annuities under chapter 83 of
title 5, United States Code, for purposes of the other provisions of
such chapter and other laws (including the Internal Revenue Code
of 1986) relating to such annuities, and shall be payable from the
Central Intelligence Agency Retirement and Disability Fund maintained pursuant to section 202 of the Central Intelligence Agency
Retirement Act.
GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY
SEC. 20. ø50 U.S.C. 403t¿ (a) There is a General Counsel of the
Central Intelligence Agency, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(b) The General Counsel is the chief legal officer of the Central
Intelligence Agency.
(c) The General Counsel of the Central Intelligence Agency
shall perform such functions as the Director of Central Intelligence
may prescribe.
CENTRAL SERVICES PROGRAM
SEC. 21. ø50 U.S.C. 403u¿ (a) IN GENERAL.—The Director may
carry out a program under which elements of the Agency provide
items and services on a reimbursable basis to other elements of the
Agency, nonappropriated fund entities or instrumentalities associated or affiliated with the Agency, and other Government agencies.
The Director shall carry out the program in accordance with the
provisions of this section.
(b) PARTICIPATION OF AGENCY ELEMENTS.—(1) In order to carry
out the program, the Director shall—
(A) designate the elements of the Agency that are to provide items or services under the program (in this section referred to as ‘‘central service providers’’);
(B) specify the items or services to be provided under the
program by such providers; and
(C) assign to such providers for purposes of the program
such inventories, equipment, and other assets (including equipment on order) as the Director determines necessary to permit
such providers to provide items or services under the program.
(2) The designation of elements and the specification of items
and services under paragraph (1) shall be subject to the approval
of the Director of the Office of Management and Budget.
(c) CENTRAL SERVICES WORKING CAPITAL FUND.—(1) There is
established a fund to be known as the Central Services Working
Capital Fund (in this section referred to as the ‘‘Fund’’). The purpose of the Fund is to provide sums for activities under the program.
(2) There shall be deposited in the Fund the following:
(A) Amounts appropriated to the Fund.
(B) Amounts credited to the Fund from payments received
by central service providers under subsection (e).
(C) Fees imposed and collected under subsection (f)(1).
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
Sec. 20
(D) Amounts received in payment for loss or damage to
equipment or property of a central service provider as a result
of activities under the program.
(E) Other receipts from the sale or exchange of equipment
or property of a central service provider as a result of activities
under the program.
(F) Receipts from individuals in reimbursement for utility
services and meals provided under the program.
(G) Receipts from individuals for the rental of property and
equipment under the program.
(H) Such other amounts as the Director is authorized to
deposit in or transfer to the Fund.
(3) Amounts in the Fund shall be available, without fiscal year
limitation, for the following purposes:
(A) To pay the costs of providing items or services under
the program.
(B) To pay the costs of carrying out activities under subsection (f)(2).
(d) LIMITATION ON AMOUNT OF ORDERS.—The total value of all
orders for items or services to be provided under the program in
any fiscal year may not exceed an amount specified in advance by
the Director of the Office of Management and Budget.
(e) PAYMENT FOR ITEMS AND SERVICES.—(1) A Government
agency provided items or services under the program shall pay the
central service provider concerned for such items or services an
amount equal to the costs incurred by the provider in providing
such items or services plus any fee imposed under subsection (f).
In calculating such costs, the Director shall take into account personnel costs (including costs associated with salaries, annual leave,
and workers’ compensation), plant and equipment costs (including
depreciation of plant and equipment other than structures owned
by the Agency), operation and maintenance expenses, amortized
costs, and other expenses.
(2) Payment for items or services under paragraph (1) may
take the form of an advanced payment by an agency from appropriations available to such agency for the procurement of such
items or services.
(f) FEES.—(1) The Director may permit a central service provider to impose and collect a fee with respect to the provision of
an item or service under the program. The amount of the fee may
not exceed an amount equal to four percent of the payment received by the provider for the item or service.
(2)(A) Subject to subparagraph (B), the Director may obligate
and expend amounts in the Fund that are attributable to the fees
imposed and collected under paragraph (1) to acquire equipment or
systems for, or to improve the equipment or systems of, central
service providers and any elements of the Agency that are not designated for participation in the program in order to facilitate the
designation of such elements for future participation in the program.
(B) The Director may not expend amounts in the Fund for purposes specified in subparagraph (A) in fiscal year 1998, 1999, or
2000 unless the Director—
(i) secures the prior approval of the Director of the Office
of Management and Budget; and
Sec. 22
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
86
(ii) submits notice of the proposed expenditure to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the
Senate.
(g) TERMINATION.—(1) Subject to paragraph (2), the Director of
Central Intelligence and the Director of the Office of Management
and Budget, acting jointly—
(A) may terminate the program under this section and the
Fund at any time; and
(B) upon such termination, shall provide for the disposition
of the personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with the
program or the Fund.
(2) The Director of Central Intelligence and the Director of the
Office of Management and Budget may not undertake any action
under paragraph (1) until 60 days after the date on which the Directors jointly submit notice of such action to the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
DETAIL OF EMPLOYEES
SEC. 22. ø50 U.S.C. 403v¿ The Director may—
(1) detail any personnel of the Agency on a reimbursable
basis indefinitely to the National Reconnaissance Office without regard to any limitation under law on the duration of details of Federal Government personnel; and
(2) hire personnel for the purpose of any detail under paragraph (1).
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
(Public Law 88–643; 78 Stat. 1043; approved October 13, 1964)
AN ACT To provide for the establishment and maintenance of a Central Intelligence
Agency Retirement and Disability System for a limited number of employees, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ø50 U.S.C. 2001 note¿ SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Central Intel-
ligence Agency Retirement Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
TITLE I—DEFINITIONS
Sec. 101. Definitions relating to the system.
Sec. 102. Definitions relating to participants and annuitants.
TITLE II—THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec.
Sec.
Sec.
Sec.
201.
202.
203.
204.
PART A—ESTABLISHMENT OF SYSTEM
The CIARDS system.
Central Intelligence Agency Retirement and Disability Fund.
Participants in the CIARDS system.
Annuitants.
PART B—CONTRIBUTIONS
Sec. 211. Contributions to fund.
PART C—COMPUTATION OF ANNUITIES
Sec. 221. Computation of annuities.
Sec. 222. Annuities for former spouses.
Sec. 223. Election of survivor benefits for certain former spouses divorced as of
November 15, 1982.
Sec. 224. Survivor annuity for certain other former spouses.
Sec. 225. Retirement annuity for certain former spouses.
Sec. 226. Survivor annuities for previous spouses.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
231.
232.
233.
234.
235.
236.
PART D—BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
Retirement for disability or incapacity—medical examination—recovery.
Death in service.
Voluntary retirement.
Discontinued service benefits.
Mandatory retirement.
Eligibility for annuity.
PART E—LUMP-SUM PAYMENTS
Sec. 241. Lump-sum payments.
PART F—PERIOD OF SERVICE
Sec. 251. Computation of length of service.
87
FOR
ANNUITIES
Sec. 101
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
88
Sec. 252. Prior service credit.
Sec. 253. Credit for service while on military leave.
Sec.
Sec.
Sec.
Sec.
Sec.
261.
262.
263.
264.
265.
PART G—MONEYS
Estimate of appropriations needed.
Investment of moneys in the fund.
Payment of benefits.
Attachment of moneys.
Recovery of payments.
PART H—RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED
AGENCY OR REEMPLOYED IN THE GOVERNMENT
Sec. 271. Recall.
Sec. 272. Reemployment.
Sec. 273. Reemployment compensation.
IN THE
PART I—VOLUNTARY CONTRIBUTIONS
Sec. 281. Voluntary contributions.
PART J—COST-OF-LIVING ADJUSTMENT
Sec. 291. Cost-of-living adjustment of annuities.
OF
ANNUITIES
PART K—CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM
Sec. 292. Authority to maintain existing areas of conformity between Civil Service
and Central Intelligence Agency Retirement and Disability Systems.
Sec. 293. Thrift savings plan participation.
Sec. 294. Alternative forms of annuities.
Sec. 295. Payments from CIARDS fund for portions of certain Civil Service
Retirement System annuities.
TITLE III—PARTICIPATION IN THE FEDERAL EMPLOYEES’ RETIREMENT
SYSTEM
Sec. 301. Application of Federal Employees’ Retirement System to Agency
employees.
Sec. 302. Special rules relating to section 203 criteria employees.
Sec. 303. Special rules for other employees for service abroad.
Sec. 304. Special rules for former spouses.
Sec. 305. Administrative provisions.
Sec. 306. Regulations.
Sec. 307. Transition regulations.
TITLE I—DEFINITIONS
SEC. 101. ø50 U.S.C. 2001¿ DEFINITIONS RELATING TO THE SYSTEM.
When used in this Act:
(1) AGENCY.—The term ‘‘Agency’’ means the Central Intelligence Agency.
(2) DIRECTOR.—The term ‘‘Director’’ means the Director of
Central Intelligence.
(3) QUALIFYING SERVICE.—The term ‘‘qualifying service’’
means service determined by the Director to have been performed in carrying out duties described in section 203.
(4) FUND BALANCE.—The term ‘‘fund balance’’ means the
sum of—
(A) the investments of the fund calculated at par
value; and
(B) the cash balance of the fund on the books of the
Treasury.
(5) UNFUNDED LIABILITY.—The term ‘‘unfunded liability’’
means the estimated amount by which—
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(A) the present value of all benefits payable from the
fund exceeds
(B) the sum of—
(i) the present value of deductions to be withheld
from the future basic pay of participants subject to
title II and of future Agency contributions to be made
on the behalf of such participants;
(ii) the present value of Government payments to
the fund under sections 261(c) and 261(d); and
(iii) the fund balance as of the date on which the
unfunded liability is determined.
(6) NORMAL COST.—The term ‘‘normal cost’’ means the
level percentage of payroll required to be deposited in the fund
to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice
on an entry-age basis) less the value of retirement benefits
earned under another retirement system for government employees and less the cost of credit allowed for military service.
(7) LUMP-SUM CREDIT.—The term ‘‘lump-sum credit’’ means
the unrefunded amount consisting of retirement deductions
made from a participant’s basic pay and amounts deposited by
a participant covering earlier service, including any amounts
deposited under section 252(h).
(8) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘‘congressional intelligence committees’’ means the Permanent
Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(9) EMPLOYEE.—The term ‘‘employee’’ includes an officer of
the Agency.
SEC. 102.
(a)
ø50 U.S.C. 2002¿ DEFINITIONS RELATING TO PARTICIPANTS
AND ANNUITANTS.
GENERAL DEFINITIONS.—When used in title II:
(1) FORMER PARTICIPANT.—The term ‘‘former participant’’
means a person who—
(A) while an employee of the Agency was a participant
in the system; and
(B) separates from the Agency without entitlement to
immediate receipt of an annuity from the fund.
(2) RETIRED PARTICIPANT.—The term ‘‘retired participant’’
means a person who—
(A) while an employee of the Agency was a participant
in the system; and
(B) is entitled to receive an annuity from the fund
based upon such person’s service as a participant.
(3) SURVIVING SPOUSE.—
(A) IN GENERAL.—The term ‘‘surviving spouse’’ means
the surviving wife or husband of a participant or retired
participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant’s or retired participant’s death, or
(ii) who is the parent of a child born of the marriage.
(B) TREATMENT WHEN PARTICIPANT DIES LESS THAN 9
MONTHS AFTER MARRIAGE.—In a case in which the participant or retired participant dies within the 9-month period
beginning on the date of the marriage, the requirement
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under subparagraph (A)(i) that a marriage have a duration
of at least 9 months immediately preceding the death of
the participant or retired participant shall be treated as
having been met if—
(i) the death of the participant or retired participant was accidental; or
(ii) the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate
time married is at least 9 months.
(4) FORMER SPOUSE.—The term ‘‘former spouse’’ means a
former wife or husband of a participant, former participant, or
retired participant as follows:
(A) DIVORCES ON OR BEFORE DECEMBER 4, 1991.—In the
case of a divorce that became final on or before December
4, 1991, such term means a former wife or husband of a
participant, former participant, or retired participant who
was married to such participant for not less than 10 years
during periods of the participant’s creditable service, at
least 5 years of which were spent outside the United
States by both such participant and former wife or husband during the participant’s service as an employee of the
Agency.
(B) DIVORCES AFTER DECEMBER 4, 1991.—In the case of
a divorce that becomes final after December 4, 1991, such
term means a former wife or husband of a participant,
former participant, or retired participant who was married
to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years
of which were spent by the participant during the participant’s service as an employee of the Agency (i) outside the
United States, or (ii) otherwise in a position the duties of
which qualified the participant for designation by the Director as a participant under section 203.
(C) CREDITABLE SERVICE.—For purposes of subparagraphs (A) and (B), the term ‘‘creditable service’’ means all
periods of a participant’s service that are creditable under
sections 251, 252, and 253.
(5) PREVIOUS SPOUSE.—The term ‘‘previous spouse’’ means
an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at
least 18 months of service which are creditable under sections
251, 252, and 253.
(6) SPOUSAL AGREEMENT.—The term ‘‘spousal agreement’’
means an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant’s spouse or former spouse that—
(A) is in writing, is signed by the parties, and is notarized;
(B) has not been modified by court order; and
(C) has been authenticated by the Director.
(7) COURT ORDER.—The term ‘‘court order’’ means—
(A) a court decree of divorce, annulment, or legal separation; or
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
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(B) a court order or court-approved property settlement agreement incident to such court decree of divorce,
annulment, or legal separation.
(8) COURT.—The term ‘‘court’’ means a court of a State, the
District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Northern Mariana Islands, or the Virgin Islands,
and any Indian court.
(b) DEFINITION OF CHILD.—For purposes of sections 221 and
232:
(1) IN GENERAL.—The term ‘‘child’’ means any of the
following:
(A) MINOR CHILDREN.—An unmarried dependent child
under 18 years of age, including—
(i) an adopted child;
(ii) a stepchild, but only if the stepchild lived with
the participant or retired participant in a regular parent-child relationship;
(iii) a recognized natural child; and
(iv) a child who lived with the participant, for
whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the
surviving spouse after the death of the participant or
retired participant.
(B) DISABLED ADULT CHILDREN.—An unmarried dependent child, regardless of age, who is incapable of selfsupport because of a physical or mental disability incurred
before age 18.
(C) STUDENTS.—An unmarried dependent child between 18 and 22 years of age who is a student regularly
pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational
institute, junior college, college, university, or comparable
recognized educational institution.
(2) SPECIAL RULES FOR STUDENTS.—
(A) EXTENSION OF AGE TERMINATION OF STATUS AS
‘‘CHILD’’.—For purposes of this subsection, a child whose
22nd birthday occurs before July 1 or after August 31 of
a calendar year, and while regularly pursuing such a
course of study or training, shall be treated as having attained the age of 22 on the first day of July following that
birthday.
(B) TREATMENT OF INTERIM PERIOD BETWEEN SCHOOL
YEARS.—A child who is a student is deemed not to have
ceased to be a student during an interim between school
years if the interim does not exceed 5 months and if the
child shows to the satisfaction of the Director that the
child has a bona fide intention of continuing to pursue a
course of study or training in the same or different school
during the school semester (or other period into which the
school year is divided) immediately following the interim.
(3) DEPENDENT DEFINED.—For purposes of this subsection,
the term ‘‘dependent’’, with respect to the child of a participant
or retired participant, means that the participant or retired
participant was, at the time of the death of the participant or
retired participant, either living with or contributing to the
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
92
support of the child, as determined in accordance with regulations prescribed under title II.
(4) EXCLUSION OF STEPCHILDREN FROM LUMP-SUM PAYMENT.—For purposes of section 241(c), the term ‘‘child’’ includes an adopted child and a natural child, but does not include a stepchild.
TITLE II—THE CENTRAL INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
Part A—Establishment of System
SEC. 201. ø50 U.S.C. 2011¿ THE CIARDS SYSTEM.
(a) IN GENERAL.—
(1) ESTABLISHMENT OF SYSTEM.—There
is a retirement and
disability system for certain employees of the Central Intelligence Agency known as the Central Intelligence Agency Retirement and Disability System (hereinafter in this Act referred to as the ‘‘system’’), originally established pursuant to
title II of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees.
(2) DCI REGULATIONS.—The Director shall prescribe regulations for the system. The Director shall submit any proposed
regulations for the system to the congressional intelligence
committees not less than 14 days before they take effect.
(b) ADMINISTRATION OF SYSTEM.—The Director shall administer the system in accordance with regulations prescribed under
this title and with the principles established by this title.
(c) FINALITY OF DECISIONS OF DCI.—In the interests of the security of the foreign intelligence activities of the United States and
in order further to implement paragraph (6) of section 103(c) of the
National Security Act of 1947 (50 U.S.C. 403–3(c)) that the Director
of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, and notwithstanding the provisions of chapter 7 of title 5, United States
Code, or any other provision of law (except section 305(b) of this
Act), any determination by the Director authorized by this Act
shall be final and conclusive and shall not be subject to review by
any court.
SEC. 202. ø50 U.S.C. 2012¿ CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY FUND.
The Director shall maintain the fund in the Treasury known
as the ‘‘Central Intelligence Agency Retirement and Disability
Fund’’ (hereinafter in this Act referred to as the ‘‘fund’’), originally
created pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.
SEC. 203. ø50 U.S.C. 2013¿ PARTICIPANTS IN THE CIARDS SYSTEM.
(a) DESIGNATION OF PARTICIPANTS.—The Director may
from
time to time designate employees of the Agency who shall be entitled to participate in the system. Employees so designated who
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 211
elect to participate in the system are referred to in this Act as
‘‘participants’’.
(b) QUALIFYING SERVICE.—Designation of employees under this
section may be made only from among employees of the Agency
who have completed at least 5 years of qualifying service. For purposes of this Act, qualifying service is service in the Agency performed in carrying out duties that are determined by the
Director—
(1) to be in support of Agency activities abroad hazardous
to life or health; or
(2) to be so specialized because of security requirements as
to be clearly distinguishable from normal government employment.
(c) ELECTION OF EMPLOYEE TO BE A PARTICIPANT.—
(1) PERMANENCE OF ELECTION.—An employee of the Agency who elects to accept designation as a participant in the system shall remain a participant of the system for the duration
of that individual’s employment with the Agency.
(2) IRREVOCABILITY OF ELECTION.—Such an election shall
be irrevocable except as and to the extent provided in section
301(d).
(3) ELECTION NOT SUBJECT TO APPROVAL.—An election
under this section is not subject to review or approval by the
Director.
SEC. 204. ø50 U.S.C. 2014¿ ANNUITANTS.
Persons who are annuitants under the system are—
(1) those persons who, on the basis of their service in the
Agency, have met all requirements for an annuity under this
title or any other Act and are receiving an annuity from the
fund; and
(2) those persons who, on the basis of someone else’s service, meet all the requirements under this title or any other Act
for an annuity payable from the fund.
Part B—Contributions
SEC. 211. ø50 U.S.C. 2021¿ CONTRIBUTIONS TO FUND.
(a) IN GENERAL.—
(1) PARTICIPANT’S CONTRIBUTIONS.—Except
as provided in
subsection (d), 7 percent of the basic pay received by a participant for any pay period shall be deducted and withheld from
the pay of that participant and contributed to the fund.
(2) AGENCY CONTRIBUTIONS.—An equal amount shall be
contributed to the fund for that pay period from the appropriation or fund which is used for payment of the participant’s
basic pay.
(3) DEPOSITS TO THE FUND.—The amounts deducted and
withheld from basic pay, together with the amounts so contributed from the appropriation or fund, shall be deposited by the
Director to the credit of the fund.
(b) CONSENT OF PARTICIPANT TO DEDUCTIONS FROM PAY.—
Each participant shall be deemed to consent and agree to such deductions from basic pay, and payment less such deductions shall be
a full and complete discharge and acquittance of all claims and de-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
94
mands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which the
participant is entitled under this title, notwithstanding any law,
rule, or regulation affecting the individual’s pay.
(c) TREATMENT OF CONTRIBUTIONS AFTER 35 YEARS OF
SERVICE.—
(1) ACCRUAL OF INTEREST.—Amounts deducted and withheld from the basic pay of a participant under this section for
pay periods after the first day of the first pay period beginning
after the day on which the participant completes 35 years of
creditable service computed under sections 251 and 252 (excluding service credit for unused sick leave under section
221(a)(2)) shall accrue interest. Such interest shall accrue at
the rate of 3 percent a year through December 31, 1984, and
thereafter at the rate computed under section 8334(e) of title
5, United States Code, and shall be compounded annually from
the date on which the amount is so deducted and withheld
until the date of the participant’s retirement or death.
(2) USE OF AMOUNTS WITHHELD AFTER 35 YEARS OF
SERVICE.—
(A) USE FOR DEPOSITS DUE UNDER SECTION 252(b).—
Amounts described in paragraph (1), including interest accrued on such amounts, shall be applied upon the participant’s retirement or death toward any deposit due under
section 252(b).
(B) LUMP-SUM PAYMENT.—Any balance of such
amounts not so required for such a deposit shall be refunded to the participant in a lump sum after the participant’s separation (or, in the event of a death in service, to
a beneficiary in order of precedence specified in subsection
241(c)), subject to prior notification of a current spouse, if
any, unless the participant establishes to the satisfaction
of the Director, in accordance with regulations which the
Director may prescribe, that the participant does not
know, and has taken all reasonable steps to determine, the
whereabouts of the current spouse.
(C) PURCHASES OF ADDITIONAL ELECTIVE BENEFITS.—In
lieu of such a lump-sum payment, the participant may use
such amounts—
(i) to purchase an additional annuity in accordance with section 281; or
(ii) provide any additional survivor benefit for a
current or former spouse or spouses.
(d) OFFSET FOR SOCIAL SECURITY TAXES.—
(1) PERSONS COVERED.—In the case of a participant who
was a participant subject to this title before January 1, 1984,
and whose service—
(A) is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue
Code of 1954, and
(B) is not creditable service for any purpose under title
III of this Act or chapter 84 of title 5, United States Code,
there shall be deducted and withheld from the basic pay of the
participant under this section during any pay period only the
amount computed under paragraph (2).
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 221
(2) REDUCTION IN CONTRIBUTION.—The amount deducted
and withheld from the basic pay of a participant during any
pay period pursuant to paragraph (1) shall be the excess of—
(A) the amount determined by multiplying the percent
applicable to the participant under subsection (a) by the
basic pay payable to the participant for that pay period,
over
(B) the amount of the taxes deducted and withheld
from such basic pay under section 3101(a) of the Internal
Revenue Code of 1954 (relating to old-age, survivors, and
disability insurance) for that pay period.
Part C—Computation of Annuities
SEC. 221. ø50 U.S.C. 2031¿ COMPUTATION OF ANNUITIES.
(a) ANNUITY OF PARTICIPANT.—
(1) COMPUTATION OF ANNUITY.—The annuity
of a participant is the product of—
(A) the participant’s high-3 average pay (as defined in
paragraph (4)); and
(B) the number of years, not exceeding 35, of service
credit (determined in accordance with sections 251 and
252) multiplied by 2 percent.
(2) CREDIT FOR UNUSED SICK LEAVE.—The total service of
a participant who retires on an immediate annuity (except
under section 231) or who dies leaving a survivor or survivors
entitled to an annuity shall include (without regard to the 35year limitation prescribed in paragraph (1)) the days of unused
sick leave to the credit of the participant. Days of unused sick
leave may not be counted in determining average basic pay or
eligibility for an annuity under this title. A deposit shall not
be required for days of unused sick leave credited under this
paragraph.
(3) CREDITING OF PART-TIME SERVICE.—
(A) IN GENERAL.—In the case of a participant whose
service includes service on a part-time basis performed
after April 6, 1986, the participant’s annuity shall be the
sum of the amounts determined under subparagraphs (B)
and (C).
(B) COMPUTATION OF PRE-APRIL 7, 1986, ANNUITY.—The
portion of an annuity referred to in subparagraph (A) with
respect to service before April 7, 1986, shall be the amount
computed under paragraph (1) using the participant’s
length of service before that date (increased by the unused
sick leave to the credit of the participant at the time of retirement) and the participant’s high-3 average pay.
(C) COMPUTATION OF POST-APRIL 6, 1986, ANNUITY.—
The portion of an annuity referred to in subparagraph (A)
with respect to service after April 6, 1986, shall be the
product of—
(i) the amount computed under paragraph (1),
using the participant’s length of service after that date
and the participant’s high-3 average pay, as deter-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
96
mined by using the annual rate of basic pay that
would be payable for full-time service; and
(ii) the ratio which the participant’s actual service
after April 6, 1986 (as determined by prorating the
participant’s total service after that date to reflect the
service that was performed on a part-time basis) bears
to the total service after that date that would be creditable for the participant if all the service had been
performed on a full-time basis.
(D) TREATMENT OF EMPLOYMENT ON TEMPORARY OR
INTERMITTENT BASIS.—Employment on a temporary or
intermittent basis shall not be considered to be service on
a part-time basis for purposes of this paragraph.
(4) HIGH-3 AVERAGE PAY DEFINED.—For purposes of this
subsection, a participant’s high-3 average pay is the amount of
the participant’s average basic pay for the highest 3 consecutive years of the participant’s service for which full contributions have been made to the fund.
(5) COMPUTATION OF SERVICE.—In determining the aggregate period of service upon which an annuity is to be based,
any fractional part of a month shall not be counted.
(b) SPOUSE OR FORMER SPOUSE SURVIVOR ANNUITY.—
(1) REDUCTION IN PARTICIPANT’S ANNUITY TO PROVIDE
SPOUSE OR FORMER SPOUSE SURVIVOR ANNUITY.—
(A) GENERAL RULE.—Except to the extent provided
otherwise under a written election under subparagraph (B)
or (C), if at the time of retirement a participant or former
participant is married (or has a former spouse who has not
remarried before attaining age 55), the participant shall
receive a reduced annuity and provide a survivor annuity
for the participant’s spouse under this subsection or former
spouse under section 222(b), or a combination of such annuities, as the case may be.
(B) JOINT ELECTION FOR WAIVER OR REDUCTION OF
SPOUSE SURVIVOR ANNUITY.—A married participant or
former participant and the participant’s spouse may jointly
elect in writing at the time of retirement to waive a survivor annuity for that spouse under this section or to reduce such survivor annuity under this section by designating a portion of the annuity of the participant as the
base for the survivor annuity. If the marriage is dissolved
following an election for such a reduced annuity and the
spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section
222(b) may not exceed the portion of the participant’s annuity designated under this subparagraph.
(C) JOINT ELECTION OF PARTICIPANT AND FORMER
SPOUSE.—If a participant or former participant has a
former spouse, such participant and the participant’s
former spouse may jointly elect by spousal agreement
under section 264(b) to waive, reduce, or increase a survivor annuity under section 222(b) for that former spouse.
Any such election must be made (i) before the end of the
12-month period beginning on the date on which the divorce or annulment involving that former spouse becomes
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 221
final, or (ii) at the time of retirement of the participant,
whichever is later.
(D) UNILATERAL ELECTIONS IN ABSENCE OF SPOUSE OR
FORMER SPOUSE.—The Director may prescribe regulations
under which a participant or former participant may make
an election under subparagraph (B) or (C) without the participant’s spouse or former spouse if the participant establishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to
determine, the whereabouts of the spouse or former
spouse.
(2) AMOUNT OF REDUCTION IN PARTICIPANT’S ANNUITY.—
The annuity of a participant or former participant providing a
survivor annuity under this section (or section 222(b)), excluding any portion of the annuity not designated or committed as
a base for any survivor annuity, shall be reduced by 21⁄2 percent of the first $3,600 plus 10 percent of any amount over
$3,600. The reduction under this paragraph shall be calculated
before any reduction under section 222(a)(5).
(3) AMOUNT OF SURVIVING SPOUSE ANNUITY.—
(A) IN GENERAL.—If a retired participant receiving a
reduced annuity under this subsection dies and is survived
by a spouse, a survivor annuity shall be paid to the surviving spouse. The amount of the annuity shall be equal
to 55 percent of (i) the full amount of the participant’s annuity computed under subsection (a), or (ii) any lesser
amount elected as the base for the survivor annuity under
paragraph (1)(B).
(B) LIMITATION.—Notwithstanding subparagraph (A),
the amount of the annuity calculated under subparagraph
(A) for a surviving spouse in any case in which there is
also a surviving former spouse of the retired participant
who qualifies for an annuity under section 222(b) may not
exceed 55 percent of the portion (if any) of the base for survivor annuities which remains available under section
222(b)(4)(B).
(C) EFFECTIVE DATE AND TERMINATION OF ANNUITY.—
An annuity payable from the fund to a surviving spouse
under this paragraph shall commence on the day after the
retired participant dies and shall terminate on the last day
of the month before the surviving spouse’s death or remarriage before attaining age 55. If such survivor annuity is
terminated because of remarriage, it shall be restored at
the same rate commencing on the date such remarriage is
dissolved by death, annulment, or divorce if any lump sum
paid upon termination of the annuity is returned to the
fund.
(c) 18–MONTH OPEN PERIOD AFTER RETIREMENT TO PROVIDE
SPOUSE COVERAGE.—
(1) SURVIVOR ANNUITY ELECTIONS.—
(A) ELECTION WHEN SPOUSE COVERAGE WAIVED AT TIME
OF RETIREMENT.—A participant or former participant who
retires after March 31, 1992 and who—
(i) is married at the time of retirement; and
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
98
(ii) elects at that time (in accordance with subsection (b)) to waive a survivor annuity for the spouse,
may, during the 18-month period beginning on the date of
the retirement of the participant, elect to have a reduction
under subsection (b) made in the annuity of the participant (or in such portion thereof as the participant may
designate) in order to provide a survivor annuity for the
participant’s spouse.
(B) ELECTION WHEN REDUCED SPOUSE ANNUITY ELECTED.—A participant or former participant who retires after
March 31, 1992, and—
(i) who, at the time of retirement, is married, and
(ii) who, at that time designates (in accordance
with subsection (b)) that a portion of the annuity of
such participant is to be used as the base for a survivor annuity,
may, during the 18-month period beginning on the date of
the retirement of such participant, elect to have a greater
portion of the annuity of such participant so used.
(2) DEPOSIT REQUIRED.—
(A) REQUIREMENT.—An election under paragraph (1)
shall not be effective unless the amount specified in subparagraph (B) is deposited into the fund before the end of
that 18-month period.
(B) AMOUNT OF DEPOSIT.—The amount to be deposited
with respect to an election under this subsection is the
amount equal to the sum of the following:
(i) ADDITIONAL COST TO SYSTEM.—The additional
cost to the system that is associated with providing a
survivor annuity under subsection (b) and that results
from such election, taking into account—
(I) the difference (for the period between the
date on which the annuity of the participant or
former participant commences and the date of the
election) between the amount paid to such participant or former participant under this title and the
amount which would have been paid if such election had been made at the time the participant or
former participant applied for the annuity; and
(II) the costs associated with providing for the
later election.
(ii) INTEREST.—Interest on the additional cost determined under clause (i), computed using the interest
rate specified or determined under section 8334(e) of
title 5, United States Code, for the calendar year in
which the amount to be deposited is determined.
(3) VOIDING OF PREVIOUS ELECTIONS.—An election by a
participant or former participant under this subsection voids
prospectively any election previously made in the case of such
participant under subsection (b).
(4) REDUCTIONS IN ANNUITY.—An annuity that is reduced
in connection with an election under this subsection shall be
reduced by the same percentage reductions as were in effect at
the time of the retirement of the participant or former participant whose annuity is so reduced.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 221
(5) RIGHTS AND OBLIGATIONS RESULTING FROM REDUCED
ANNUITY ELECTION.—Rights and obligations resulting from the
election of a reduced annuity under this subsection shall be the
same as the rights and obligations that would have resulted
had the participant involved elected such annuity at the time
of retirement.
(d) ANNUITIES FOR SURVIVING CHILDREN.—
(1) PARTICIPANTS DYING BEFORE APRIL 1, 1992.—In the case
of a retired participant who died before April 1, 1992, and who
is survived by a child or children—
(A) if the retired participant was survived by a spouse,
there shall be paid from the fund to or on behalf of each
such surviving child an annuity determined under paragraph (3)(A); and
(B) if the retired participant was not survived by a
spouse, there shall be paid from the fund to or on behalf
of each such surviving child an annuity determined under
paragraph (3)(B).
(2) PARTICIPANTS DYING ON OR AFTER APRIL 1, 1992.—In the
case of a retired participant who dies on or after April 1, 1992,
and who is survived by a child or children—
(A) if the retired participant is survived by a spouse
or former spouse who is the natural or adoptive parent of
a surviving child of the participant, there shall be paid
from the fund to or on behalf of each such surviving child
an annuity determined under paragraph (3)(A); and
(B) if the retired participant is not survived by a
spouse or former spouse who is the natural or adoptive
parent of a surviving child of the participant, there shall
be paid to or on behalf of each such surviving child an annuity determined under paragraph (3)(B).
(3) AMOUNT OF ANNUITY.—
(A) The annual amount of an annuity for the surviving
child of a participant covered by paragraph (1)(A) or (2)(A)
of this subsection (or covered by paragraph (1)(A) or (2)(A)
of section 232(c)) is the smallest of the following:
(i) 60 percent of the participant’s high-3 average
pay, as determined under subsection (a)(4), divided by
the number of children.
(ii) $900, as adjusted under section 291.
(iii) $2,700, as adjusted under section 291, divided
by the number of children.
(B) The amount of an annuity for the surviving child
of a participant covered by paragraph (1)(B) or (2)(B) of
this subsection (or covered by paragraph (1)(B) or (2)(B) of
section 232(c)) is the smallest of the following:
(i) 75 percent of the participant’s high-3 average
pay, as determined under subsection (a)(4), divided by
the number of children.
(ii) $1,080, as adjusted under section 291.
(iii) $3,240, as adjusted under section 291, divided
by the number of children.
(4) RECOMPUTATION OF CHILD ANNUITIES.—
(A) In the case of a child annuity payable under paragraph (1), upon the death of a surviving spouse or the ter-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
100
mination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though
the spouse or child had not survived the retired participant.
(B) In the case of a child annuity payable under paragraph (2), upon the death of a surviving spouse or former
spouse or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and
paid as though the spouse, former spouse, or child had not
survived the retired participant. If the annuity of a surviving child who has not been receiving an annuity is initiated or resumed, the annuities of any other children shall
be recomputed and paid from that date as though the annuities of all currently eligible children were then being
initiated.
(5) DEFINITION OF FORMER SPOUSE.—For purposes of this
subsection, the term ‘‘former spouse’’ includes any former wife
or husband of the retired participant, regardless of the length
of marriage or the amount of creditable service completed by
the participant.
(e) COMMENCEMENT AND TERMINATION OF CHILD ANNUITIES.—
(1) COMMENCEMENT.—An annuity payable to a child under
subsection (d), or under section 232(c), shall begin on the day
after the date on which the participant or retired participant
dies or, in the case of an individual over the age of 18 who is
not a child within the meaning of section 102(b), shall begin or
resume on the first day of the month in which the individual
later becomes or again becomes a student as described in section 102(b). Such annuity may not commence until any lumpsum that has been paid is returned to the fund.
(2) TERMINATION.—Such an annuity shall terminate on the
last day of the month before the month in which the recipient
of the annuity dies or no longer qualifies as a child (as defined
in section 102(b)).
(f) PARTICIPANTS NOT MARRIED AT TIME OF RETIREMENT.—
(1) DESIGNATION OF PERSONS WITH INSURABLE INTEREST.—
(A) AUTHORITY TO MAKE DESIGNATION.—Subject to the
rights of former spouses under sections 221(b) and 222, at
the time of retirement an unmarried participant found by
the Director to be in good health may elect to receive an
annuity reduced in accordance with subparagraph (B) and
designate in writing an individual having an insurable interest in the participant to receive an annuity under the
system after the participant’s death. The amount of such
an annuity shall be equal to 55 percent of the participant’s
reduced annuity.
(B) REDUCTION IN PARTICIPANT’S ANNUITY.—The annuity payable to the participant making such election shall
be reduced by 10 percent of an annuity computed under
subsection (a) and by an additional 5 percent for each full
5 years the designated individual is younger than the participant. The total reduction under this subparagraph may
not exceed 40 percent.
(C) COMMENCEMENT OF SURVIVOR ANNUITY.—The annuity payable to the designated individual shall begin on
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 221
the day after the retired participant dies and terminate on
the last day of the month before the designated individual
dies.
(D) RECOMPUTATION OF PARTICIPANT’S ANNUITY ON
DEATH OF DESIGNATED INDIVIDUAL.—An annuity which is
reduced under this paragraph shall, effective the first day
of the month following the death of the designated individual, be recomputed and paid as if the annuity had not
been so reduced.
(2) ELECTION OF SURVIVOR ANNUITY UPON SUBSEQUENT
MARRIAGE.—A participant who is unmarried at the time of retirement and who later marries may irrevocably elect, in a
signed writing received by the Director within one year after
the marriage, to receive a reduced annuity as provided in section 221(b). Such election and reduction shall be effective on
the first day of the month beginning 9 months after the date
of marriage. The election voids prospectively any election previously made under paragraph (1).
(g) EFFECT OF DIVORCE AFTER RETIREMENT.—
(1) RECOMPUTATION OF RETIRED PARTICIPANT’S ANNUITY
UPON DIVORCE.—An annuity which is reduced under this section (or any similar prior provision of law) to provide a survivor annuity for a spouse shall, if the marriage of the retired
participant to such spouse is dissolved, be recomputed and paid
for each full month during which a retired participant is not
married (or is remarried, if there is no election in effect under
paragraph (2)) as if the annuity had not been so reduced, subject to any reduction required to provide a survivor annuity
under subsection (b) or (c) of section 222 or under section 226.
(2) ELECTION OF SURVIVOR ANNUITY UPON SUBSEQUENT REMARRIAGE.—
(A) IN GENERAL.—Upon remarriage, the retired participant may irrevocably elect, by means of a signed writing
received by the Director within one year after such remarriage, to receive a reduced annuity for the purpose of providing an annuity for the new spouse of the retired participant in the event such spouse survives the retired participant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous
marriage (unless such reduction is adjusted under section
222(b)(5) or elected under subparagraph (B)).
(B) WHEN ANNUITY PREVIOUSLY NOT (OR NOT FULLY)
REDUCED.—
(i) ELECTION.—If the retired participant’s annuity
was not reduced (or was not fully reduced) to provide
a survivor annuity for the participant’s spouse or
former spouse as of the time of retirement, the retired
participant may make an election under the first sentence of subparagraph (A) upon remarriage to a
spouse other than the spouse at the time of retirement. For any remarriage that occurred before August
14, 1991, the retired participant may make such an
election within 2 years after such date.
(ii) DEPOSIT REQUIRED.—
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
102
(I) The retired participant shall, within one
year after the date of the remarriage (or by August 14, 1993 for any remarriage that occurred before August 14, 1991), deposit in the fund an
amount determined by the Director, as nearly as
may be administratively feasible, to reflect the
amount by which the retired participant’s annuity
would have been reduced if the election had been
in effect since the date the annuity commenced,
plus interest.
(II) The annual rate of interest for each year
during which the retired participant’s annuity
would have been reduced if the election had been
in effect since the date the annuity commenced
shall be 6 percent.
(III) If the retired participant does not make
the deposit, the Director shall collect such amount
by offset against the participant’s annuity, up to
a maximum of 25 percent of the net annuity otherwise payable to the retired participant, and the
retired participant is deemed to consent to such
offset.
(IV) The deposit required by this subparagraph may be made by the surviving spouse of the
retired participant.
(C) EFFECTS OF ELECTION.—An election under this
paragraph and the reduction in the participant’s annuity
shall be effective on the first day of the month beginning
9 months after the date of remarriage. A survivor annuity
elected under this paragraph shall be treated in all respects as a survivor annuity under subsection (b).
(h) COORDINATION OF ANNUITIES.—
(1) SURVIVING SPOUSE.—A surviving spouse whose survivor
annuity was terminated because of remarriage before attaining
age 55 shall not be entitled under subsection (b)(3)(C) to the
restoration of that survivor annuity payable from the fund unless the surviving spouse elects to receive it instead of any
other survivor annuity to which the surviving spouse may be
entitled under the system or any other retirement system for
Government employees by reason of the remarriage.
(2) FORMER SPOUSE.—A surviving former spouse of a participant or retired participant shall not become entitled under
section 222(b) or 224 to a survivor annuity or to the restoration
of a survivor annuity payable from the fund unless the surviving former spouse elects to receive it instead of any other
survivor annuity to which the surviving former spouse may be
entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other
than the participant.
(3) SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE.—A
surviving spouse who married a participant after the participant’s retirement shall be entitled to a survivor annuity payable from the fund only upon electing that annuity instead of
any other survivor annuity to which the surviving spouse may
be entitled under this or any other retirement system for Gov-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 221
ernment employees on the basis of a marriage to someone
other than the retired participant.
(i) SUPPLEMENTAL SURVIVOR ANNUITIES.—
(1) SPOUSE OF RECALLED ANNUITANT.—A married recalled
annuitant who reverts to retired status with entitlement to a
supplemental annuity under section 271(b) shall, unless the
annuitant and the annuitant’s spouse jointly elect in writing to
the contrary at the time of reversion to retired status, have the
supplemental annuity reduced by 10 percent to provide a supplemental survivor annuity for the annuitant’s spouse. Such
supplemental survivor annuity shall be equal to 55 percent of
the supplemental annuity of the annuitant.
(2) REGULATIONS.—The Director shall prescribe regulations to provide for the application of paragraph (1) of this subsection and of subsection (b) of section 271 in any case in
which an annuitant has a former spouse who was married to
the recalled annuitant at any time during the period of recall
service and who qualifies for an annuity under section 222(b).
(j) OFFSET OF ANNUITIES BY AMOUNT OF SOCIAL SECURITY BENEFIT.—Notwithstanding any other provision of this title, an annuity
(including a disability annuity) payable under this title to an individual described in sections 211(d)(1) and 301(c)(1) and any survivor annuity payable under this title on the basis of the service
of such individual shall be reduced in a manner consistent with
section 8349 of title 5, United States Code, under conditions consistent with the conditions prescribed in that section.
(k) INFORMATION FROM OTHER AGENCIES.—
(1) OTHER AGENCIES.—For the purpose of ensuring the accuracy of the information used in the determination of eligibility for and the computation of annuities payable from the
fund under this title, at the request of the Director—
(A) the Secretary of Defense shall provide information
on retired or retainer pay paid under title 10, United
States Code;
(B) the Secretary of Veterans Affairs shall provide information on pensions or compensation paid under title 38,
United States Code;
(C) the Secretary of Health and Human Services shall
provide information contained in the records of the Social
Security Administration; and
(D) the Secretary of Labor shall provide information
on benefits paid under subchapter I of chapter 81 of title
5, United States Code.
(2) LIMITATION ON INFORMATION REQUESTED.—The Director
shall request only such information as the Director determines
is necessary.
(3) LIMITATION ON USES OF INFORMATION.—The Director, in
consultation with the officials from whom information is requested, shall ensure that information made available under
this subsection is used only for the purposes authorized.
(l) INFORMATION ON RIGHTS UNDER THE SYSTEM.—The Director
shall, on an annual basis—
(1) inform each retired participant of the participant’s
right of election under subsections (c), (f)(2), and (g); and
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
104
(2) to the maximum extent practicable, inform spouses and
former spouses of participants, former participants, and retired
participants of their rights under this Act.
SEC. 222. ø50 U.S.C. 2032¿ ANNUITIES FOR FORMER SPOUSES.
(a) FORMER SPOUSE SHARE OF PARTICIPANT’S ANNUITY.—
(1) PRO RATA SHARE.—Unless otherwise expressly provided
by a spousal agreement or court order under section 264(b), a
former spouse of a participant, former participant, or retired
participant is entitled to an annuity—
(A) if married to the participant, former participant, or
retired participant throughout the creditable service of the
participant, equal to 50 percent of the annuity of the participant; or
(B) if not married to the participant throughout such
creditable service, equal to that proportion of 50 percent of
such annuity that is the proportion that the number of
days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of
such creditable service.
(2) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55.—
A former spouse is not qualified for an annuity under this subsection if before the commencement of that annuity the former
spouse remarries before becoming 55 years of age.
(3) COMMENCEMENT OF ANNUITY.—The annuity of a former
spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled
to an annuity under this title or on the first day of the month
after the divorce or annulment involved becomes final, whichever is later.
(4) TERMINATION OF ANNUITY.—The annuity of such former
spouse and the right thereto terminate on—
(A) the last day of the month before the month in
which the former spouse dies or remarries before 55 years
of age; or
(B) the date on which the annuity of the participant
terminates (except in the case of an annuity subject to
paragraph (5)(B)).
(5) TREATMENT OF PARTICIPANT’S ANNUITY.—
(A) REDUCTION IN PARTICIPANT’S ANNUITY.—The annuity payable to any participant shall be reduced by the
amount of an annuity under this subsection paid to any
former spouse based upon the service of that participant.
Such reduction shall be disregarded in calculating—
(i) the survivor annuity for any spouse, former
spouse, or other survivor under this title; and
(ii) any reduction in the annuity of the participant
to provide survivor benefits under subsection (b) or
under section 221(b).
(B) TREATMENT WHEN ANNUITANT RETURNS TO SERVICE.—If an annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 271, or
reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as pro-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 222
vided for under sections 272 and 273, the pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts
equal to the reductions under this subparagraph shall be
deposited in the Treasury of the United States to the credit of the fund.
(6) DISABILITY ANNUITANT.—Notwithstanding paragraph
(3), in the case of a former spouse of a disability annuitant—
(A) the annuity of that former spouse shall commence
on the date on which the participant would qualify on the
basis of the participant’s creditable service for an annuity
under this title (other than a disability annuity) or the
date on which the disability annuity begins, whichever is
later, and
(B) the amount of the annuity of the former spouse
shall be calculated on the basis of the annuity for which
the participant would otherwise so qualify.
(7) ELECTION OF BENEFITS.—A former spouse of a participant, former participant, or retired participant shall not become entitled under this subsection to an annuity payable from
the fund unless the former spouse elects to receive it instead
of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other
than the participant.
(8) LIMITATION IN CASE OF MULTIPLE FORMER SPOUSE ANNUITIES.—No spousal agreement or court order under section
264(b) involving a participant may provide for an annuity or a
combination of annuities under this subsection that exceeds
the annuity of the participant.
(b) FORMER SPOUSE SURVIVOR ANNUITY.—
(1) PRO RATA SHARE.—Subject to any election under section
221(b)(1)(B) and (C) and unless otherwise expressly provided
by a spousal agreement or court order under section 264(b), if
an annuitant is survived by a former spouse, the former spouse
shall be entitled—
(A) if married to the annuitant throughout the creditable service of the annuitant, to a survivor annuity equal
to 55 percent of the unreduced amount of the annuitant’s
annuity, as computed under section 221(a); and
(B) if not married to the annuitant throughout such
creditable service, to a survivor annuity equal to that proportion of 55 percent of the unreduced amount of such annuity that is the proportion that the number of days of the
marriage of the former spouse to the participant during
periods of creditable service of such participant under this
title bears to the total number of days of such creditable
service.
(2) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55.—
A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of that annuity the
former spouse remarries before becoming 55 years of age.
(3) COMMENCEMENT, TERMINATION, AND RESTORATION OF
ANNUITY.—An annuity payable from the fund under this title
to a surviving former spouse under this subsection shall com-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
106
mence on the day after the annuitant dies and shall terminate
on the last day of the month before the former spouse’s death
or remarriage before attaining age 55. If such a survivor annuity is terminated because of remarriage, it shall be restored at
the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid
upon termination of the annuity is returned to the fund.
(4) SURVIVOR ANNUITY AMOUNT.—
(A) MAXIMUM AMOUNT.—The maximum survivor annuity or combination of survivor annuities under this subsection (and section 221(b)(3)) with respect to any participant may not exceed 55 percent of the full amount of the
participant’s annuity, as calculated under section 221(a).
(B) LIMITATION ON OTHER SURVIVOR ANNUITIES BASED
ON SERVICE OF SAME PARTICIPANT.—Once a survivor annuity has been provided under this subsection for any former
spouse, a survivor annuity for another individual may
thereafter be provided under this subsection (or section
221(b)(3)) with respect to the participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose
prospective right to such annuity has not terminated by
reason of death or remarriage.
(C) FINALITY OF COURT ORDER UPON DEATH OF PARTICIPANT.—After the death of a participant or retired participant, a court order under section 264(b) may not adjust
the amount of the annuity of a former spouse of that participant or retired participant under this section.
(5) EFFECT OF TERMINATION OF FORMER SPOUSE ENTITLEMENT.—
(A) RECOMPUTATION OF PARTICIPANT’S ANNUITY.—If a
former spouse of a retired participant dies or remarries before attaining age 55, the annuity of the retired participant, if reduced to provide a survivor annuity for that
former spouse, shall be recomputed and paid, effective on
the first day of the month beginning after such death or
remarriage, as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B).
(B) ELECTION OF SPOUSE ANNUITY.—Subject to paragraph (4)(B), the participant may elect in writing within
one year after receipt of notice of the death or remarriage
of the former spouse to continue the reduction in order to
provide a higher survivor annuity under section 221(b)(3)
for any spouse of the participant.
(c) OPTIONAL ADDITIONAL SURVIVOR ANNUITIES FOR OTHER
FORMER SPOUSE OR SURVIVING SPOUSE.—
(1) IN GENERAL.—In the case of any participant providing
a survivor annuity under subsection (b) for a former spouse—
(A) such participant may elect, or
(B) a spousal agreement or court order under section
264(b) may provide for,
an additional survivor annuity under this subsection for any
other former spouse or spouse surviving the participant, if the
participant satisfactorily passes a physical examination as prescribed by the Director.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 222
(2) LIMITATION.—Neither the total amount of survivor annuity or annuities under this subsection with respect to any
participant, nor the survivor annuity or annuities for any one
surviving spouse or former spouse of such participant under
this section or section 221, may exceed 55 percent of the unreduced amount of the participant’s annuity, as computed under
section 221(a).
(3) CONTRIBUTION FOR ADDITIONAL ANNUITIES.—
(A) PROVISION OF ADDITIONAL SURVIVOR ANNUITY.—In
accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection—
(i) by a reduction in the annuity or an allotment
from the basic pay of the participant;
(ii) by a lump-sum payment or installment payments to the fund; or
(iii) by any combination thereof.
(B) ACTUARIAL EQUIVALENCE TO BENEFIT.—The
present value of the total amount to accrue to the fund
under subparagraph (A) to provide any annuity under this
subsection shall be actuarially equivalent in value to such
annuity, as calculated upon such tables of mortality as
may from time to time be prescribed for this purpose by
the Director.
(C) EFFECT OF FORMER SPOUSE’S DEATH OR DISQUALIFICATION.—If a former spouse predeceases the participant
or remarries before attaining age 55 (or, in the case of a
spouse, the spouse predeceases the participant or does not
qualify as a former spouse upon dissolution of the marriage)—
(i) if an annuity reduction or pay allotment under
subparagraph (A) is in effect for that spouse or former
spouse, the annuity shall be recomputed and paid as
if it had not been reduced or the pay allotment terminated, as the case may be; and
(ii) any amount accruing to the fund under subparagraph (A) shall be refunded, but only to the extent
that such amount may have exceeded the actuarial
cost of providing benefits under this subsection for the
period such benefits were provided, as determined
under regulations prescribed by the Director.
(D) RECOMPUTATION UPON DEATH OR REMARRIAGE OF
FORMER SPOUSE.—Under regulations prescribed by the Director, an annuity shall be recomputed (or a pay allotment
terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under
subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a
spouse in the event a former spouse of the participant dies
or remarries before attaining age 55 and an increased annuity is provided for that spouse in accordance with this
section.
(4) COMMENCEMENT AND TERMINATION OF ADDITIONAL SURVIVOR ANNUITY.—An annuity payable under this subsection to
a spouse or former spouse shall commence on the day after the
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
108
participant dies and shall terminate on the last day of the
month before the spouse’s or the former spouse’s death or remarriage before attaining age 55.
(5) NONAPPLICABILITY OF COLA PROVISION.—Section 291
does not apply to an annuity under this subsection, unless authorized under regulations prescribed by the Director.
SEC. 223. ø50 U.S.C. 2033¿ ELECTION OF SURVIVOR BENEFITS FOR
CERTAIN FORMER SPOUSES DIVORCED AS OF NOVEMBER
15, 1982.
(a) FORMER SPOUSES AS OF NOVEMBER 15, 1982.—A partici-
pant, former participant, or retired participant in the system who
on November 15, 1982, had a former spouse may, by a spousal
agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 222(b).
(b) TIME FOR MAKING ELECTION.—
(1) If the participant or former participant has not retired
under such system on or before November 15, 1982, an election
under this section may be made at any time before retirement.
(2) If the participant or former participant has retired
under such system on or before November 15, 1982, an election
under this section may be made within such period after November 15, 1982, as the Director may prescribe.
(3) For the purposes of applying this title, any such election shall be treated in the same manner as if it were a spousal agreement under section 264(b).
(c) BASE FOR ANNUITY.—An election under this section may
provide for a survivor annuity based on all or any portion of that
part of the annuity of the participant which is not designated or
committed as a base for a survivor annuity for a spouse or any
other former spouse of the participant. The participant and the
participant’s spouse may make an election under section
221(b)(1)(B) before the time of retirement for the purpose of allowing an election to be made under this section.
(d) REDUCTION IN PARTICIPANT’S ANNUITY.—
(1) COMPUTATION.—The amount of the reduction in the
participant’s annuity shall be determined in accordance with
section 221(b)(2).
(2) EFFECTIVE DATE OF REDUCTION.—Such reduction shall
be effective as of—
(A) the commencing date of the participant’s annuity,
in the case of an election under subsection (b)(1); or
(B) November 15, 1982, in the case of an election
under subsection (b)(2).
SEC. 224. ø50 U.S.C. 2034¿ SURVIVOR ANNUITY FOR CERTAIN OTHER
FORMER SPOUSES.
(a) SURVIVOR ANNUITY.—
(1) IN GENERAL.—An individual who was a former spouse
of a participant or retired participant on November 15, 1982,
shall be entitled, except to the extent such former spouse is
disqualified under subsection (b), to a survivor annuity equal
to 55 percent of the greater of—
(A) the unreduced amount of the participant’s or retired participant’s annuity, as computed under section
221(a); or
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 224
(B) the unreduced amount of what such annuity as so
computed would be if the participant, former participant,
or retired participant had not elected payment of the
lump-sum credit under section 294.
(2) REDUCTION IN SURVIVOR ANNUITY.—A survivor annuity
payable under this section shall be reduced by an amount
equal to any survivor annuity payments made to the former
spouse under section 223.
(b) LIMITATIONS.—A former spouse is not entitled to a survivor
annuity under this section if—
(1) the former spouse remarries before age 55, except that
the entitlement of the former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved
by death, annulment, or divorce; or
(2) the former spouse is less than 50 years of age.
(c) COMMENCEMENT AND TERMINATION OF ANNUITY.—
(1) COMMENCEMENT OF ANNUITY.—The entitlement of a
former spouse to a survivor annuity under this section shall
commence—
(A) in the case of a former spouse of a participant or
retired participant who is deceased as of October 1, 1986,
beginning on the later of—
(i) the 60th day after such date; or
(ii) the date on which the former spouse reaches
age 50; and
(B) in the case of any other former spouse, beginning
on the latest of—
(i) the date on which the participant or retired
participant to whom the former spouse was married
dies;
(ii) the 60th day after October 1, 1986; or
(iii) the date on which the former spouse attains
age 50.
(2) TERMINATION OF ANNUITY.—The entitlement of a
former spouse to a survivor annuity under this section terminates on the last day of the month before the former spouse’s
death or remarriage before attaining age 55. The entitlement
of a former spouse to such a survivor annuity shall be restored
on the date such remarriage is dissolved by death, annulment,
or divorce.
(d) APPLICATION.—
(1) TIME LIMIT; WAIVER.—A survivor annuity under this
section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting
documentation which the Director may by regulation require.
Any such application shall be submitted not later than
April 1, 1989. The Director may waive the application deadline
under the preceding sentence in any case in which the Director
determines that the circumstances warrant such a waiver.
(2) RETROACTIVE BENEFITS.—Upon approval of an application provided under paragraph (1), the appropriate survivor
annuity shall be payable to the former spouse with respect to
all periods before such approval during which the former
spouse was entitled to such annuity under this section, but in
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
110
no event shall a survivor annuity be payable under this section
with respect to any period before October 1, 1986.
(e) RESTORATION OF ANNUITY.—Notwithstanding subsection
(d)(1), the deadline by which an application for a survivor annuity
must be submitted shall not apply in cases in which a former
spouse’s entitlement to such a survivor annuity is restored under
subsection (b)(1) or (c)(2).
SEC. 225. ø50 U.S.C. 2035¿ RETIREMENT ANNUITY FOR CERTAIN
FORMER SPOUSES.
(a) RETIREMENT ANNUITY.—An individual who was a former
spouse of a participant, former participant, or retired participant
on November 15, 1982, and any former spouse divorced after November 15, 1982, from a participant or former participant who retired before November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an
annuity—
(1) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the annuity
of the participant; or
(2) if not married to the participant throughout such
creditable service, equal to that former spouse’s pro rata share
of 50 percent of such annuity.
(b) LIMITATIONS.—A former spouse is not entitled to an annuity
under this section if—
(1) the former spouse remarries before age 55, except that
the entitlement of the former spouse to an annuity under this
section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
(2) the former spouse is less than 50 years of age.
(c) COMMENCEMENT AND TERMINATION.—
(1) RETIREMENT ANNUITIES.—The entitlement of a former
spouse to an annuity under this section—
(A) shall commence on the later of—
(i) the day the participant upon whose service the
right to the annuity is based becomes entitled to an
annuity under this title;
(ii) the first day of the month in which the divorce
or annulment involved becomes final; or
(iii) such former spouse’s 50th birthday; and
(B) shall terminate on the earlier of—
(i) the last day of the month before the former
spouse dies or remarries before 55 years of age, except
that the entitlement of the former spouse to an annuity under this section shall be restored on the date
such remarriage is dissolved by death, annulment, or
divorce; or
(ii) the date on which the annuity of the participant terminates.
(2) DISABILITY ANNUITIES.—Notwithstanding paragraph
(1)(A)(i), in the case of a former spouse of a disability
annuitant—
(A) the annuity of the former spouse shall commence
on the date on which the participant would qualify on the
basis of the participant’s creditable service for an annuity
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 226
under this title (other than disability annuity) or the date
the disability annuity begins, whichever is later; and
(B) the amount of the annuity of the former spouse
shall be calculated on the basis of the annuity for which
the participant would otherwise so qualify.
(3) ELECTION OF BENEFITS.—A former spouse of a participant or retired participant shall not become entitled under this
section to an annuity or to the restoration of an annuity payable from the fund unless the former spouse elects to receive
it instead of any survivor annuity to which the former spouse
may be entitled under this or any other retirement system for
Government employees on the basis of a marriage to someone
other than the participant.
(4) APPLICATION.—
(A) TIME LIMIT; WAIVER.—An annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, not later than June 2, 1990. The Director
may waive the application deadline under the preceding
sentence in any case in which the Director determines that
the circumstances warrant such a waiver.
(B) RETROACTIVE BENEFITS.—Upon approval of an application under subparagraph (A), the appropriate annuity
shall be payable to the former spouse with respect to all
periods before such approval during which the former
spouse was entitled to an annuity under this section, but
in no event shall an annuity be payable under this section
with respect to any period before December 2, 1987.
(d) RESTORATION OF ANNUITIES.—Notwithstanding subsection
(c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former
spouse’s entitlement to such annuity is restored under subsection
(b)(1) or (c)(1)(B).
(e) SAVINGS PROVISION.—Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under
this title.
SEC. 226. ø50 U.S.C. 2036¿ SURVIVOR ANNUITIES FOR PREVIOUS
SPOUSES.
The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988, from a participant, former participant, or retired participant shall be eligible
for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to
be made in the annuity of the participant) applicable to former
spouses (as defined in section 8331(23) of title 5, United States
Code) of participants in the Civil Service Retirement and Disability
System (CSRS) as prescribed by the Civil Service Retirement
Spouse Equity Act of 1984.
Sec. 231
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
112
Part D—Benefits Accruing to Certain
Participants
SEC. 231. ø50 U.S.C. 2051¿ RETIREMENT FOR DISABILITY OR INCAPACITY—MEDICAL EXAMINATION—RECOVERY.
(a) DISABILITY RETIREMENT.—
(1) ELIGIBILITY.—A participant who has become disabled
shall, upon the participant’s own application or upon order of
the Director, be retired on an annuity computed under subsection (b).
(2) STANDARD FOR DISABILITY DETERMINATION.—A participant shall be considered to be disabled only if the participant—
(A) is found by the Director to be unable, because of
disease or injury, to render useful and efficient service in
the participant’s position; and
(B) is not qualified for reassignment, under procedures
prescribed by the Director, to a vacant position in the
Agency at the same grade or level and in which the participant would be able to render useful and efficient service.
(3) TIME LIMIT FOR APPLICATION.—
(A) ONE YEAR REQUIREMENT.—A claim may be allowed
under this section only if the application is submitted before the participant is separated from the Agency or within
one year thereafter.
(B) WAIVER FOR MENTALLY INCOMPETENT PARTICIPANT.—The time limitation may be waived by the Director
for a participant who, at the date of separation from the
Agency or within one year thereafter, is mentally incompetent, if the application is filed with the Agency within
one year from the date of restoration of the participant to
competency or the appointment of a fiduciary, whichever is
earlier.
(b) COMPUTATION OF DISABILITY ANNUITY.—
(1) IN GENERAL.—Except as provided in paragraph (2), an
annuity payable under subsection (a) shall be computed under
section 221(a). However, if the disabled or incapacitated participant has less than 20 years of service credit toward retirement under the system at the time of retirement, the annuity
shall be computed on the assumption that the participant has
had 20 years of service, but the additional service credit that
may accrue to a participant under this paragraph may not exceed the difference between the participant’s age at the time
of retirement and age 60.
(2) COORDINATION WITH MILITARY RETIRED PAY AND VETERANS’ COMPENSATION AND PENSION.—If a participant retiring
under this section is receiving retired pay or retainer pay for
military service (except that specified in section 252(e)(3)) or
Department of Veterans Affairs compensation or pension in
lieu of such retired or retainer pay, the annuity of that participant shall be computed under section 221(a), excluding credit
for such military service from that computation. If the amount
of the annuity so computed, plus the retired or retainer pay
which is received, or which would be received but for the application of the limitation in section 5532 of title 5, United States
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 231
Code, or the Department of Veterans Affairs compensation or
pension in lieu of such retired or retainer pay, is less than the
annuity that would be payable under this section in the absence of the previous sentence, an amount equal to the difference shall be added to the annuity payable under section
221(a).
(c) MEDICAL EXAMINATIONS.—
(1) MEDICAL EXAMINATION REQUIRED FOR DETERMINATION
OF DISABILITY.—In each case, the participant shall be given a
medical examination by one or more duly qualified physicians
or surgeons designated by the Director to conduct examinations, and disability shall be determined by the Director on the
basis of the advice of such physicians or surgeons.
(2) ANNUAL REEXAMINATIONS UNTIL AGE 60.—Unless the
disability is permanent, like examinations shall be made annually until the annuitant becomes age 60. If the Director determines on the basis of the advice of one or more duly qualified
physicians or surgeons conducting such examinations that an
annuitant has recovered to the extent that the annuitant can
return to duty, the annuitant may apply for reinstatement or
reappointment in the Agency within one year from the date the
annuitant’s recovery is determined.
(3) REINSTATEMENT.—Upon application, the Director may
reinstate any such recovered disability annuitant in the grade
held at time of retirement, or the Director may, taking into
consideration the age, qualifications, and experience of such
annuitant, and the present grade of the annuitant’s contemporaries in the Agency, appoint the annuitant to a grade higher than the one held before retirement.
(4) TERMINATION OF DISABILITY ANNUITY.—Payment of the
annuity shall continue until a date one year after the date of
examination showing recovery or until the date of reinstatement or reappointment in the Agency, whichever is earlier.
(5) PAYMENT OF FEES.—Fees for examinations under this
subsection, together with reasonable traveling and other expenses incurred in order to submit to examination, may be
paid out of the fund.
(6) SUSPENSION OF ANNUITY PENDING REQUIRED EXAMINATION.—If the annuitant fails to submit to examination as required under this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
(7) TERMINATION OF ANNUITY UPON RESTORATION OF EARNING CAPACITY.—If the annuitant receiving a disability retirement annuity is restored to earning capacity before becoming
age 60, payment of the annuity terminates on reemployment
by the Government or 180 days after the end of the calendar
year in which earning capacity is restored, whichever is earlier. Earning capacity shall be considered to be restored if in
any calendar year the income of the annuitant from wages or
self-employment, or both, equals at least 80 percent of the current rate of pay for the grade and step the annuitant held at
the time of retirement.
(d) TREATMENT OF RECOVERED DISABILITY ANNUITANT WHO IS
NOT REINSTATED.—
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
114
(1) SEPARATION.—If a recovered or restored disability annuitant whose annuity is discontinued is for any reason not reinstated or reappointed in the Agency, the annuitant shall be
considered, except for service credit, to have been separated
within the meaning of section 234 as of the date of termination
of the disability annuity.
(2) RETIREMENT.—After such termination, the recovered or
restored annuitant shall be entitled to the benefits of section
234 or 241(a), except that the annuitant may elect voluntary
retirement under section 233, if qualified thereunder, or may
be placed by the Director in an involuntary retirement status
under section 235(a), if qualified thereunder. Retirement rights
under this paragraph shall be based on the provisions of this
title in effect as of the date on which the disability annuity is
discontinued.
(3) FURTHER DISABILITY BEFORE AGE 62.—If, based on a
current medical examination, the Director determines that a
recovered annuitant has, before reaching age 62, again become
totally disabled due to recurrence of the disability for which
the annuitant was originally retired, the annuitant’s terminated disability annuity (same type and rate) shall be reinstated from the date of such medical examination. If a restored-to-earning-capacity annuitant has not medically recovered from the disability for which retired and establishes to the
Director’s satisfaction that the annuitant’s income from wages
and self-employment in any calendar year before reaching age
62 was less than 80 percent of the rate of pay for the grade
and step the annuitant held at the time of retirement, the annuitant’s terminated disability annuity (same type and rate)
shall be reinstated from the first of the next following year. If
the annuitant has been allowed an involuntary or voluntary retirement annuity in the meantime, the annuitant’s reinstated
disability annuity shall be substituted for it unless the annuitant elects to retain the former benefit.
(e) COORDINATION OF BENEFITS.—
(1) WORKERS’ COMPENSATION.—A participant is not entitled to receive for the same period of time—
(A) an annuity under this title, and
(B) compensation for injury to, or disability of, such
participant under subchapter I of chapter 81 of title 5,
United States Code, other than compensation payable
under section 8107 of such title.
(2) SURVIVOR ANNUITIES.—An individual is not entitled to
receive an annuity under this title and a concurrent benefit
under subchapter I of chapter 81 of title 5, United States Code,
on account of the death of the same person.
(3) GREATER BENEFIT.—Paragraphs (1) and (2) do not bar
the right of a claimant to the greater benefit conferred by either this title or subchapter I of chapter 81 of title 5, United
States Code.
(f) OFFSET FROM SURVIVOR ANNUITY FOR WORKERS’ COMPENSATION PAYMENT.—
(1) REFUND TO DEPARTMENT OF LABOR.—If an individual is
entitled to an annuity under this title and the individual receives a lump-sum payment for compensation under section
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 232
8135 of title 5, United States Code, based on the disability or
death of the same person, so much of the compensation as has
been paid for a period extended beyond the date payment of
the annuity commences, as determined by the Secretary of
Labor, shall be refunded to the Department for credit to the
Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—
(A) refund to the Secretary of Labor the amount representing the commuted compensation payments for the
extended period; or
(B) authorize the deduction of the amount from the
annuity.
(2) SOURCE OF DEDUCTION.—Deductions from the annuity
may be made from accrued or accruing payments. The amounts
deducted and withheld from the annuity shall be transmitted
to the Secretary for reimbursement to the Employees’ Compensation Fund.
(3) PRORATING DEDUCTION.—If the Secretary finds that the
financial circumstances of an individual entitled to an annuity
under this title warrant deferred refunding, deductions from
the annuity may be prorated against and paid from accruing
payments in such manner as the Secretary determines appropriate.
SEC. 232. ø50 U.S.C. 2052¿ DEATH IN SERVICE.
(a) RETURN OF CONTRIBUTIONS WHEN NO
ANNUITY PAYABLE.—
If a participant dies and no claim for an annuity is payable under
this title, the participant’s lump-sum credit and any voluntary contributions made under section 281, with interest, shall be paid in
the order of precedence shown in section 241(c).
(b) SURVIVOR ANNUITY FOR SURVIVING SPOUSE OR FORMER
SPOUSE.—
(1) IN GENERAL.—If a participant dies before separation or
retirement from the Agency and is survived by a spouse or by
a former spouse qualifying for a survivor annuity under section
222(b), such surviving spouse shall be entitled to an annuity
equal to 55 percent of the annuity computed in accordance
with paragraphs (2) and (3) of this subsection and section
221(a), and any such surviving former spouse shall be entitled
to an annuity computed in accordance with section 222(b) and
paragraph (2) of this subsection as if the participant died after
being entitled to an annuity under this title. The annuity of
such surviving spouse or former spouse shall commence on the
day after the participant dies and shall terminate on the last
day of the month before the death or remarriage before attaining age 55 of the surviving spouse or former spouse (subject to
the payment and restoration provisions of sections 221(b)(3)(C),
221(h), and 222(b)(3)).
(2) COMPUTATION.—The annuity payable under paragraph
(1) shall be computed in accordance with section 221(a), except
that the computation of the annuity of the participant under
such section shall be at least the smaller of (A) 40 percent of
the participant’s high-3 average pay, or (B) the sum obtained
under such section after increasing the participant’s length of
Sec. 233
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
116
service by the difference between the participant’s age at the
time of death and age 60.
(3) LIMITATION.—Notwithstanding paragraph (1), if the
participant had a former spouse qualifying for an annuity
under section 222(b), the annuity of a surviving spouse under
this section shall be subject to the limitation of section
221(b)(3)(B), and the annuity of a former spouse under this
section shall be subject to the limitation of section 222(b)(4)(B).
(4) PRECEDENCE OF SECTION 224 SURVIVOR ANNUITY OVER
DEATH-IN-SERVICE ANNUITY.—If a former spouse who is eligible
for a death-in-service annuity under this section is or becomes
eligible for an annuity under section 224, the annuity provided
under this section shall not be payable and shall be superseded
by the annuity under section 224.
(c) ANNUITIES FOR SURVIVING CHILDREN.—
(1) PARTICIPANTS DYING BEFORE APRIL 1, 1992.—In the case
of a participant who before April 1, 1992, died before separation or retirement from the Agency and who was survived by
a child or children—
(A) if the participant was survived by a spouse, there
shall be paid from the fund to or on behalf of each such
surviving child an annuity determined under section
221(d)(3)(A); and
(B) if the participant was not survived by a spouse,
there shall be paid from the fund to or on behalf of each
such surviving child an annuity determined under section
221(d)(3)(B).
(2) PARTICIPANTS DYING ON OR AFTER APRIL 1, 1992.—In the
case of a participant who on or after April 1, 1992, dies before
separation or retirement from the Agency and who is survived
by a child or children—
(A) if the participant is survived by a spouse or former
spouse who is the natural or adoptive parent of a surviving
child of the participant, there shall be paid from the fund
to or on behalf of each such surviving child an annuity determined under section 221(d)(3)(A); and
(B) if the participant is not survived by a spouse or
former spouse who is the natural or adoptive parent of a
surviving child of the participant, there shall be paid to or
on behalf of each such surviving child an annuity determined under section 221(d)(3)(B).
(3) FORMER SPOUSE DEFINED.—For purposes of this subsection, the term ‘‘former spouse’’ includes any former wife or
husband of a participant, regardless of the length of marriage
or the amount of creditable service completed by the participant.
SEC. 233. ø50 U.S.C. 2053¿ VOLUNTARY RETIREMENT.
(a) A participant who is at least 50 years of age and has completed 20 years of service may, on the participant’s application and
with the consent of the Director, be retired from the Agency and
receive benefits in accordance with the provisions of section 221 if
the participant has not less than 10 years of service with the Agency.
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Sec. 235
(b) A participant who has at least 25 years of service, ten years
of which are with the Agency, may retire, with the consent of the
Director, at any age and receive benefits in accordance with the
provisions of section 221 if the Office of Personnel Management has
authorized separation from service voluntarily for Agency employees under section 8336(d)(2) of title 5, United States Code, with respect to the Civil Service Retirement System or section
8414(b)(1)(B) of such title with respect to the Federal Employees’
Retirement System.
SEC. 234. ø50 U.S.C. 2054¿ DISCONTINUED SERVICE BENEFITS.
(a) DEFERRED ANNUITY.—A participant who separates
from the
Agency may, upon separation or at any time before the commencement of an annuity under this title, elect—
(1) to have the participant’s contributions to the fund returned to the participant in accordance with section 241(a); or
(2) except in a case in which the Director determines that
separation was based in whole or in part on the ground of disloyalty to the United States, to leave the contributions in the
fund and receive an annuity, computed as prescribed in section
221, commencing at age 62.
(b) REFUND OF CONTRIBUTIONS IF FORMER PARTICIPANT DIES
BEFORE AGE 62.—If a participant who qualifies under subsection
(a) to receive a deferred annuity commencing at age 62 dies before
reaching age 62, the participant’s contributions to the fund, with
interest, shall be paid in accordance with the provisions of section
241.
SEC. 235. ø50 U.S.C. 2055¿ MANDATORY RETIREMENT.
(a) INVOLUNTARY RETIREMENT.—
(1) AUTHORITY OF DIRECTOR.—The Director
may, in the Director’s discretion, place in a retired status any participant in
the system described in paragraph (2).
(2) Paragraph (1) applies with respect to any participant
who has not less than 10 years of service with the Agency and
who—
(A) has completed at least 25 years of service; or
(B) is at least 50 years of age and has completed at
least 20 years of service.
(b) MANDATORY RETIREMENT FOR AGE.—
(1) IN GENERAL.—A participant in the system shall be
automatically retired from the Agency—
(A) upon reaching age 65, in the case of a participant
in the system receiving compensation under the Senior Intelligence Service pay schedule at the rate of level 4 or
above; and
(B) upon reaching age 60, in the case of any other participant in the system.
(2) EFFECTIVE DATE OF RETIREMENT.—Retirement under
paragraph (1) shall be effective on the last day of the month
in which the participant reaches the age applicable to that participant under that paragraph.
(3) AUTHORITY FOR EXTENSION.—In any case in which the
Director determines it to be in the public interest, the Director
may extend the mandatory retirement date for a participant
under this subsection by a period of not to exceed 5 years.
Sec. 236
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
118
(c) RETIREMENT BENEFITS.—A participant retired under this
section shall receive retirement benefits in accordance with section
221.
SEC. 236. ø50 U.S.C. 2056¿ ELIGIBILITY FOR ANNUITY.
(a) ONE-OUT-OF-TWO REQUIREMENT.—A participant
must complete, within the last two years before any separation from service
(except a separation because of death or disability) at least one
year of creditable civilian service during which the participant is
subject to this title and in a pay status before the participant or
the participant’s survivors are eligible for an annuity under this
title based on that separation.
(b) REFUND OF CONTRIBUTIONS FOR TIME NOT ALLOWED FOR
CREDIT.—If a participant (other than a participant separated from
the service because of death or disability) fails to meet the service
and pay status requirement of subsection (a), any amounts deducted from the participant’s pay during the period for which no
eligibility is established based on the separation shall be returned
to the participant on the separation.
(c) EXCEPTION.—Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the
participant’s survivors of any annuity to which they may be entitled under this title based on a previous separation.
Part E—Lump-Sum Payments
SEC. 241. ø50 U.S.C. 2071¿ LUMP-SUM PAYMENTS.
(a) ENTITLEMENT TO LUMP-SUM CREDIT.—Subject
to section
252(d) and subsection (b) of this section, a participant who—
(1) is separated from the Agency for at least 31 consecutive
days and is not transferred to employment covered by another
retirement system for Government employees;
(2) files an application with the Director for payment of
the lump-sum credit;
(3) is not reemployed in a position in which the participant
is subject to this title at the time the participant files the application; and
(4) will not become eligible to receive an annuity under
this title within 31 days after filing the application,
is entitled to be paid the lump-sum credit. Receipt of the payment
of the lump-sum credit by the former participant voids all annuity
rights under this title based on the service on which the lump-sum
credit is based, until the former participant is reemployed in service subject to this title.
(b) CONDITIONS FOR PAYMENT OF LUMP-SUM CREDIT.—
(1) IN GENERAL.—Whenever a former participant becomes
entitled to receive payment of the lump-sum credit under subsection (a), such lump-sum credit shall be paid to the former
participant and to any former spouse or former wife or husband of the former participant in accordance with paragraphs
(2) through (4). The former participant’s lump-sum credit shall
be reduced by the amount of the lump-sum credit payable to
any former spouse or former wife or husband.
(2) PRO RATA SHARE FOR FORMER SPOUSE.—Unless otherwise expressly provided by any spousal agreement or court
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 241
order under section 264(b), a former spouse of the former participant shall be entitled to receive a share of such participant’s lump-sum credit—
(A) if married to the participant throughout the period
of creditable service of the participant, equal to 50 percent
of such lump-sum credit; or
(B) if not married to the participant throughout such
creditable service, equal to a proportion of 50 percent of
such lump-sum credit which is the proportion that the
number of days of the marriage of the former spouse to the
participant during periods of creditable service of such participant bears to the total number of days of such creditable service.
(3) SHARE FOR FORMER WIFE OR HUSBAND.—Payment of the
former participant’s lump-sum credit shall be subject to the
terms of a court order under section 264(c) concerning any
former wife or husband of the former participant if—
(A) the court order expressly relates to any portion of
such lump-sum credit; and
(B) payment of the lump-sum credit would extinguish
entitlement of such former wife or husband to a survivor
annuity under section 226 or to any portion of the participant’s annuity under section 264(c).
(4) NOTIFICATION.—A lump-sum credit may be paid to or
for the benefit of a former participant—
(A) only upon written notification to (i) the current
spouse, if any, (ii) any former spouse, and (iii) any former
wife or husband who has a court order covered by paragraph (3); and
(B) only if the express written concurrence of the current spouse has been received by the Director.
This paragraph may be waived under circumstances described
in section 221(b)(1)(D).
(c) ORDER OF PRECEDENCE OF PAYMENT.—A lump-sum payment authorized by subsection (d) or (e) of this section 281(d) and
a payment of any accrued and unpaid annuity authorized by subsection (f) of this section shall be paid in the following order of
precedence to individuals surviving the participant and alive on the
date entitlement to the payment arises, upon establishment of a
valid claim therefor, and such payment bars recovery by any other
individual:
(1) To the beneficiary or beneficiaries designated by such
participant in a signed and witnessed writing received by the
Director before the participant’s death. For this purpose, a designation, change, or cancellation of beneficiary in a will or
other document not so executed and filed with the Director
shall have no force or effect.
(2) If there is no designated beneficiary, to the surviving
wife or husband of such participant.
(3) If none of the above, to the child or children of such
participant and descendent of deceased children by representation.
(4) If none of the above, to the parents of such participant
or the survivor of them.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
120
(5) If none of the above, to the duly appointed executor or
administrator of the estate of such participant.
(6) If none of the above, to such other next of kin of such
participant as the Director determines to be legally entitled to
such payment.
(d) DEATH OF FORMER PARTICIPANT BEFORE RETIREMENT.—
(1) IN GENERAL.—Except as provided in paragraph (2), if a
former participant eligible for a deferred annuity under section
234 dies before reaching age 62, such former participant’s
lump-sum credit shall be paid in accordance with subsection
(c).
(2) LIMITATION.—In any case where there is a surviving
former spouse or surviving former wife or husband of such participant who is entitled to a share of such participant’s lumpsum credit under paragraphs (2) and (3) of subsection (b), the
lump-sum credit payable under paragraph (1) shall be reduced
by the lump-sum credit payable to such former spouse or
former wife or husband.
(e) TERMINATION OF ALL ANNUITY RIGHTS.—If all annuity
rights under this title based on the service of a deceased participant or annuitant terminate before the total annuity paid equals
the lump-sum credit, the difference shall be paid in accordance
with subsection (c).
(f) PAYMENT OF ACCRUED AND UNPAID ANNUITY WHEN RETIRED
PARTICIPANT DIES.—If a retired participant dies, any annuity accrued and unpaid shall be paid in accordance with subsection (c).
(g) TERMINATION OF SURVIVOR ANNUITY.—An annuity accrued
and unpaid on the termination, except by death, of the annuity of
a survivor annuitant shall be paid to that individual. An annuity
accrued and unpaid on the death of a survivor annuitant shall be
paid in the following order of precedence, and the payment bars recovery by any other individual:
(1) To the duly appointed executor or administrator of the
estate of the survivor annuitant.
(2) If there is no executor or administrator, to such next
of kin of the survivor annuitant as the Director determines to
be legally entitled to such payment, except that no payment
shall be made under this paragraph until after the expiration
of 30 days from the date of death of the survivor annuitant.
Part F—Period of Service for Annuities
SEC. 251. ø50 U.S.C. 2081¿ COMPUTATION OF LENGTH OF SERVICE.
(a) IN GENERAL.—
(1) CREDITING SERVICE AS PARTICIPANT.—For the purposes
of this title, the period of service of a participant shall be computed from the date on which the participant becomes a participant under this title.
(2) EXCLUSION OF CERTAIN PERIODS.—In computing the period of service of a participant, all periods of separation from
the Agency and so much of any leave of absence without pay
as may exceed six months in the aggregate in any calendar
year shall be excluded, except leaves of absence while receiving
benefits under chapter 81 of title 5, United States Code, and
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 252
leaves of absence granted participants while performing active
and honorable service in the Armed Forces.
(3) CREDITING CERTAIN PERIODS OF SEPARATION.—A participant or former participant who returns to Government duty
after a period of separation shall have included in the participant or former participant’s period of service that part of the
period of separation in which the participant or former participant was receiving benefits under chapter 81 of title 5, United
States Code.
(b) EXTRA CREDIT FOR PERIODS SERVED AT UNHEALTHFUL
POSTS OVERSEAS.—
(1) CLASSIFICATION OF CERTAIN POSTS AS UNHEALTHFUL.—
The Director may from time to time establish a list of places
outside the United States that, by reason of climatic or other
extreme conditions, are to be classed as unhealthful posts.
Such list shall be established in consultation with the Secretary of State.
(2) EXTRA CREDIT.—Each year of duty at a post on the list
established under paragraph (1), inclusive of regular leaves of
absence, shall be counted as one and a half years in computing
the length of service of a participant under this title for the
purpose of retirement. In computing such service, any fractional month shall be treated as a full month.
(3) COORDINATION WITH BENEFITS UNDER TITLE 5.—Extra
credit for service at an unhealthful post may not be credited
to a participant who is paid a differential under section 5925
or 5928 of title 5, United States Code, for the same service.
SEC. 252. ø50 U.S.C. 2082¿ PRIOR SERVICE CREDIT.
(a) IN GENERAL.—A participant may, subject
to the provisions
of this section, include in the participant’s period of service—
(1) civilian service in the Government before becoming a
participant that would be creditable toward retirement under
subchapter III of chapter 83 of title 5, United States Code (as
determined under section 8332(b) of such title); and
(2) honorable active service in the Armed Forces before the
date of the separation upon which eligibility for an annuity is
based, or honorable active service in the Regular or Reserve
Corps of the Public Health Service after June 30, 1960, or as
a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961.
(b) LIMITATIONS.—
(1) IN GENERAL.—Except as provided in paragraphs (2) and
(3), the total service of any participant shall exclude—
(A) any period of civilian service on or after October 1,
1982, for which retirement deductions or deposits have not
been made,
(B) any period of service for which a refund of contributions has been made, or
(C) any period of service for which contributions were
not transferred pursuant to subsection (c)(1);
unless the participant makes a deposit to the fund in an
amount equal to the percentages of basic pay received for such
service as specified in the table contained in section 8334(c) of
title 5, United States Code, together with interest computed in
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
122
accordance with section 8334(e) of such title. The deposit may
be made in one or more installments (including by allotment
from pay), as determined by the Director.
(2) EFFECT OF RETIREMENT DEDUCTIONS NOT MADE.—If a
participant has not paid a deposit for civilian service performed
before October 1, 1982, for which retirement deductions were
not made, such participant’s annuity shall be reduced by 10
percent of the deposit described in paragraph (1) remaining unpaid, unless the participant elects to eliminate the service involved for the purpose of the annuity computation.
(3) EFFECT OF REFUND OF RETIREMENT CONTRIBUTIONS.—A
participant who received a refund of retirement contributions
under this or any other retirement system for Government employees covering service for which the participant may be allowed credit under this title may deposit the amount received,
with interest computed under paragraph (1). Credit may not be
allowed for the service covered by the refund until the deposit
is made, except that a participant who—
(A) separated from Government service before October
1, 1990, and received a refund of the participant’s retirement contributions covering a period of service ending before October 1, 1990;
(B) is entitled to an annuity under this title (other
than a disability annuity) which commences after December 1, 1992; and
(C) does not make the deposit required to receive
credit for the service covered by the refund;
shall be entitled to an annuity actuarially reduced in accordance with section 8334(d)(2)(B) of title 5, United States Code.
(4) ENTITLEMENT UNDER ANOTHER SYSTEM.—Credit toward
retirement under the system shall not be allowed for any period of civilian service on the basis of which the participant is
receiving (or will in the future be entitled to receive) an annuity under another retirement system for Government employees, unless the right to such annuity is waived and a deposit
is made under paragraph (1) covering that period of service, or
a transfer is made pursuant to subsection (c).
(c) TRANSFER FROM OTHER GOVERNMENT RETIREMENT SYSTEMS.—
(1) IN GENERAL.—If an employee who is under another retirement system for Government employees becomes a participant in the system by direct transfer, the Government’s contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5, United States Code)
under such retirement system on behalf of the employee as
well as such employee’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the employee’s credit in the fund
effective as of the date such employee becomes a participant in
the system.
(2) CONSENT OF EMPLOYEE.—Each such employee shall be
deemed to consent to the transfer of such funds, and such
transfer shall be a complete discharge and acquittance of all
claims and demands against the other Government retirement
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Sec. 252
fund on account of service rendered before becoming a participant in the system.
(3) ADDITIONAL CONTRIBUTIONS; REFUNDS.—A participant
whose contributions are transferred pursuant to paragraph (1)
shall not be required to make additional contributions for periods of service for which full contributions were made to the
other Government retirement fund, nor shall any refund be
made to any such participant on account of contributions made
during any period to the other Government retirement fund at
a higher rate than that fixed for employees by section 8334(c)
of title 5, United States Code, for contributions to the fund.
(d) TRANSFER TO OTHER GOVERNMENT RETIREMENT SYSTEMS.—
(1) IN GENERAL.—If a participant in the system becomes an
employee under another Government retirement system by direct transfer to employment covered by such system, the Government’s contributions (including interest accrued thereon
computed in accordance with section 8334(e) of title 5, United
States Code) to the fund on the participant’s behalf as well as
the participant’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall
be transferred to the participant’s credit in the fund of such
other retirement system effective as of the date on which the
participant becomes eligible to participate in such other retirement system.
(2) CONSENT OF EMPLOYEE.—Each such employee shall be
deemed to consent to the transfer of such funds, and such
transfer shall be a complete discharge and acquittance of all
claims and demands against the fund on account of service
rendered before the participant’s becoming eligible for participation in that other system.
(e) PRIOR MILITARY SERVICE CREDIT.—
(1) APPLICATION TO OBTAIN CREDIT.—If a deposit required
to obtain credit for prior military service described in subsection (a)(2) was not made to another Government retirement
fund and transferred under subsection (c)(1), the participant
may obtain credit for such military service, subject to the provisions of this subsection and subsections (f) through (h), by
applying for it to the Director before retirement or separation
from the Agency.
(2) EMPLOYMENT STARTING BEFORE, ON, OR AFTER OCTOBER
1, 1982.—Except as provided in paragraph (3)—
(A) the service of a participant who first became a
Federal employee before October 1, 1982, shall include
credit for each period of military service performed before
the date of separation on which entitlement to an annuity
under this title is based, subject to section 252(f); and
(B) the service of a participant who first becomes a
Federal employee on or after October 1, 1982, shall include
credit for—
(i) each period of military service performed before
January 1, 1957, and
(ii) each period of military service performed after
December 31, 1956, and before the separation on
which entitlement to an annuity under this title is
based, only if a deposit (with interest, if any) is made
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124
with respect to that period, as provided in subsection
(h).
(3) EFFECT OF RECEIPT OF MILITARY RETIRED PAY.—In the
case of a participant who is entitled to retired pay based on a
period of military service, the participant’s service may not include credit for such period of military service unless the retired pay is paid—
(A) on account of a service-connected disability—
(i) incurred in combat with an enemy of the
United States; or
(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war (as
defined in section 1101 of title 38, United States
Code); or
(B) under chapter 67 of title 10, United States Code.
(4) SURVIVOR ANNUITY.—Notwithstanding paragraph (3),
the survivor annuity of a survivor of a participant—
(A) who was awarded retired pay based on any period
of military service, and
(B) whose death occurs before separation from the
Agency,
shall be computed in accordance with section 8332(c)(3) of title
5, United States Code.
(f) EFFECT OF ENTITLEMENT TO SOCIAL SECURITY BENEFITS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this section (except paragraph (3) of this subsection) or section
253, any military service (other than military service covered
by military leave with pay from a civilian position) performed
by a participant after December 1956 shall be excluded in determining the aggregate period of service on which an annuity
payable under this title to such participant or to the participant’s spouse, former spouse, previous spouse, or child is
based, if such participant, spouse, former spouse, previous
spouse, or child is entitled (or would upon proper application
be entitled), at the time of such determination, to monthly oldage or survivors’ insurance benefits under section 202 of the
Social Security Act (42 U.S.C. 402), based on such participant’s
wages and self-employment income. If the military service is
not excluded under the preceding sentence, but upon attaining
age 62, the participant or spouse, former spouse, or previous
spouse becomes entitled (or would upon proper application be
entitled) to such benefits, the aggregate period of service on
which the annuity is based shall be redetermined, effective as
of the first day of the month in which the participant or
spouse, former spouse, or previous spouse attains age 62, so as
to exclude such service.
(2) LIMITATION.—The provisions of paragraph (1) relating
to credit for military service do not apply to—
(A) any period of military service of a participant with
respect to which the participant has made a deposit with
interest, if any, under subsection (h); or
(B) the military service of any participant described in
subsection (e)(2)(B).
(3) EFFECT OF ENTITLEMENT BEFORE SEPTEMBER 8, 1982.—
(A) The annuity recomputation required by paragraph (1) shall
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 252
not apply to any participant who was entitled to an annuity
under this title on or before September 8, 1982, or who is entitled to a deferred annuity based on separation from the Agency
occurring on or before such date. Instead of an annuity recomputation, the annuity of such participant shall be reduced
at age 62 by an amount equal to a fraction of the participant’s
old-age or survivors’ insurance benefits under section 202 of
the Social Security Act. The reduction shall be determined by
multiplying the participant’s monthly Social Security benefit
by a fraction, the numerator of which is the participant’s total
military wages and deemed additional wages (within the meaning of section 229 of the Social Security Act (42 U.S.C. 429))
that were subject to Social Security deductions and the denominator of which is the total of all the participant’s wages, including military wages, and all self-employment income that
were subject to Social Security deductions before the calendar
year in which the determination month occurs.
(B) The reduction determined in accordance with subparagraph (A) shall not be greater than the reduction that would
be required under paragraph (1) if such paragraph applied to
the participant. The new formula shall be applicable to any annuity payment payable after October 1, 1982, including annuity payments to participants who had previously reached age
62 and whose annuities had already been recomputed.
(C) For purposes of this paragraph, the term ‘‘determination month’’ means—
(i) the first month for which the participant is entitled
to old-age or survivors’ insurance benefits (or would be entitled to such benefits upon application therefor); or
(ii) October 1982, in the case of any participant entitled to such benefits for that month.
(g) DEPOSITS PAID BY SURVIVORS.—For the purpose of survivor
annuities, deposits authorized by subsections (b) and (h) may also
be made by the survivor of a participant.
(h)(1)(A) Each participant who has performed military service
before the date of separation on which entitlement to an annuity
under this title is based may pay to the Agency an amount equal
to 7 percent of the amount of basic pay paid under section 204 of
title 37, United States Code, to the participant for each period of
military service after December 1956; except, the amount to be
paid for military service performed beginning on January 1, 1999,
through December 31, 2000, shall be as follows:
7.25 percent of
basic pay.
7.4 percent of
basic pay.
January 1, 1999, to December 31, 1999.
January 1, 2000, to December 31, 2000.
(B) The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been
provided to adequately determine basic pay for military service,
such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).
(2) Any deposit made under paragraph (1) more than two
years after the later of—
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
126
(A) October 1, 1983, or
(B) the date on which the participant making the deposit first becomes an employee of the Federal
Government,
shall include interest on such amount computed and compounded annually beginning on the date of expiration of the
two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be
equal to the interest rate that is applicable for such year under
section 8334(e) of title 5, United States Code.
(3) Any payment received by the Director under this subsection shall be deposited in the Treasury of the United States
to the credit of the fund.
(4) The provisions of section 221(k) shall apply with respect to such information as the Director determines to be necessary for the administration of this subsection in the same
manner that such section applies concerning information described in that section.
SEC. 253. ø50 U.S.C. 2083¿ CREDIT FOR SERVICE WHILE ON MILITARY
LEAVE.
(a) GENERAL RULE.—A participant who, during the period of
any war or of any national emergency as proclaimed by the President or declared by the Congress, leaves the participant’s position
in the Agency to enter military service shall not be considered, for
purposes of this title, as separated from the participant’s position
in the Agency by reason of such military service, unless the participant applies for and receives a refund of contributions under this
title. Such a participant may not be considered as retaining such
position in the Agency after December 31, 1956, or upon the expiration of five years of such military service, whichever is later.
(b) WAIVER OF CONTRIBUTIONS.—Except to the extent provided
under section 252(e) or 252(h), contributions shall not be required
covering periods of leave of absence from the Agency granted a participant while performing active service in the Armed Forces.
Part G—Moneys
SEC. 261. ø50 U.S.C. 2091¿ ESTIMATE OF APPROPRIATIONS NEEDED.
(a) ESTIMATES OF ANNUAL APPROPRIATIONS.—The Director
shall prepare the estimates of the annual appropriations required
to be made to the fund.
(b) ACTUARIAL VALUATIONS.—The Director shall cause to be
made actuarial valuations of the fund at such intervals as the Director determines to be necessary, but not less often than every five
years.
(c) CHANGES IN LAW AFFECTING ACTUARIAL STATUS OF FUND.—
Any statute which authorizes—
(1) new or increased benefits payable from the fund under
this title, including annuity increases other than under section
291;
(2) extension of the coverage of this title to new groups of
employees; or
(3) increases in pay on which benefits are computed;
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 263
is deemed to authorize appropriations to the fund in order to provide funding for the unfunded liability created by that statute, in
30 equal annual installments with interest computed at the rate
used in the then most recent valuation of the system and with the
first payment thereof due as of the end of the fiscal year in which
such new or liberalized benefit, extension of coverage, or increase
in pay is effective.
(d) AUTHORIZATION.—There is hereby authorized to be appropriated to the fund for each fiscal year such amounts as may be
necessary to meet the amount of normal cost for each year that is
not met by contributions under section 211(a).
(e) UNFUNDED LIABILITY; CREDIT ALLOWED FOR MILITARY
SERVICE.—There is hereby authorized to be appropriated to the
fund for each fiscal year such sums as may be necessary to provide
the amount equivalent to—
(1) interest on the unfunded liability computed for that
year at the interest rate used in the then most recent valuation of the system; and
(2) that portion of disbursement for annuities for that year
that the Director estimates is attributable to credit allowed for
military service,
less an amount determined by the Director to be appropriate to reflect the value of the deposits made to the credit of the fund under
section 252(h).
SEC. 262. ø50 U.S.C. 2092¿ INVESTMENT OF MONEYS IN THE FUND.
The Director may, with the approval of the Secretary of the
Treasury, invest from time to time in interest-bearing securities of
the United States such portions of the fund as in the Director’s
judgment may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances from the fund. The
income derived from such investments shall be credited to and constitute a part of the fund.
SEC. 263. ø50 U.S.C. 2093¿ PAYMENT OF BENEFITS.
(a) ANNUITIES STATED AS ANNUAL AMOUNTS.—Each
annuity is
stated as an annual amount, 1⁄12 of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which
it has accrued.
(b) COMMENCEMENT OF ANNUITY.—
(1) COMMENCEMENT OF ANNUITY FOR PARTICIPANTS GENERALLY.—Except as otherwise provided in paragraph (2), the
annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the
month after separation from the Agency or after pay ceases
and the service and age requirements for title to an annuity
are met.
(2) EXCEPTIONS.—The annuity of—
(A) a participant involuntarily separated from the
Agency;
(B) a participant retiring under section 231 due to a
disability; and
(C) a participant who serves 3 days or less in the
month of retirement;
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
128
shall commence on the day after separation from the Agency
or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
(3) OTHER ANNUITIES.—Any other annuity payable from
the fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
(c) TERMINATION OF ANNUITY.—An annuity payable from the
fund shall terminate—
(1) in the case of a retired participant, on the day death
or any other terminating event provided by this title occurs; or
(2) in the case of a former spouse or a survivor, on the last
day of the month before death or any other terminating event
occurs.
(d) APPLICATION FOR SURVIVOR ANNUITIES.—The annuity to a
survivor shall become effective as otherwise specified but shall not
be paid until the survivor submits an application for such annuity,
supported by such proof of eligibility as the Director may require.
If such application or proof of eligibility is not submitted during the
lifetime of an otherwise eligible individual, no annuity shall be due
or payable to the individual’s estate.
(e) WAIVER OF ANNUITY.—An individual entitled to an annuity
from the fund may decline to accept all or any part of the annuity
by submitting a signed waiver to the Director. The waiver may be
revoked in writing at any time. Payment of the annuity waived
may not be made for the period during which the waiver is in effect.
(f) LIMITATIONS.—
(1) APPLICATION BEFORE 115TH ANNIVERSARY.—No payment
shall be made from the fund unless an application for benefits
based on the service of the participant is received by the Director before the 115th anniversary of the participant’s birth.
(2) APPLICATION WITHIN 30 YEARS.—Notwithstanding paragraph (1), after the death of a participant or retired participant, no benefit based on that participant’s service may be
paid from the fund unless an application for the benefit is received by the Director within 30 years after the death or other
event which gives rise to eligibility for the benefit.
(g) WITHHOLDING OF STATE INCOME TAX FROM ANNUITIES.—
(1) AGREEMENTS WITH STATES.—The Director shall, in accordance with this subsection, enter into an agreement with
any State within 120 days of a request for agreement from the
proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the
monthly annuity of any annuitant who voluntarily requests, in
writing, such withholding. The amounts withheld during any
calendar quarter shall be held in the Fund and disbursed to
the States during the month following that calendar quarter.
(2) LIMITATION ON MULTIPLE REQUESTS.—An annuitant
may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have
more than two such requests during any one calendar year.
(3) CHANGE IN STATE DESIGNATION.—Subject to paragraph
(2), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 264
such change. An annuitant also may revoke any request of that
annuitant for withholding. Any change in the State designated
or revocation is effective on the first day of the month after the
month in which the request or the revocation is processed by
the Director, but in no event later than on the first day of the
second month beginning after the day on which such request
or revocation is received by the Director.
(4) GENERAL PROVISIONS.—This subsection does not give
the consent of the United States to the application of a statute
which imposes more burdensome requirements of the United
States than on employers generally, or which subjects the
United States or any annuitant to a penalty or liability because of this subsection. The Director may not accept pay from
a State for services performed in withholding State income
taxes from annuities. Any amount erroneously withheld from
an annuity and paid to a State by the Director shall be repaid
by the State in accordance with regulations prescribed by the
Director.
(5) DEFINITION.—For the purpose of this subsection, the
term ‘‘State’’ includes the District of Columbia and any territory or possession of the United States.
SEC. 264. ø50 U.S.C. 2094¿ ATTACHMENT OF MONEYS.
(a) EXEMPTION FROM LEGAL PROCESS.—Except
as provided in
subsections (b), (c), and (e), none of the moneys mentioned in this
title shall be assignable either in law or equity, or be subject to
execution, levy, attachment, garnishment, or other legal process,
except as otherwise may be provided by Federal laws.
(b) PAYMENT TO FORMER SPOUSES UNDER COURT ORDER OR
SPOUSAL AGREEMENT.—In the case of any participant, former participant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement—
(1) any right of the former spouse to any annuity under
section 222(a) in connection with any retirement or disability
annuity of the participant, and the amount of any such annuity;
(2) any right of the former spouse of a participant or retired participant to a survivor annuity under section 222(b) or
222(c), and the amount of any such annuity; and
(3) any right of the former spouse of a former participant
to any payment of a lump-sum credit under section 241(b), and
the amount of any such payment;
shall be determined in accordance with that spousal agreement or
court order, if and to the extent expressly provided for in the terms
of the spousal agreement or court order that are not inconsistent
with the requirements of this title.
(c) OTHER PAYMENTS UNDER COURT ORDERS.—Payments under
this title that would otherwise be made to a participant, former
participant, or retired participant based upon that participant’s
service shall be paid, in whole or in part, by the Director to another
individual if and to the extent expressly provided for in the terms
of any court decree of divorce, annulment, or legal separation, or
the terms of any court order or court-approved property settlement
agreement incident to any court decree of divorce, annulment, or
legal separation.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
130
(d) PROSPECTIVE PAYMENTS; BAR TO RECOVERY.—
(1) Subsections (b) and (c) apply only to payments made
under this title for periods beginning after the date of receipt
by the Director of written notice of such decree, order, or
agreement and such additional information and documentation
as the Director may require.
(2) Any payment under subsection (b) or (c) to an individual bars recovery by any other individual.
(e) ALLOTMENTS.—An individual entitled to an annuity from
the fund may make allotments or assignments of amounts from
such annuity for such purposes as the Director considers appropriate.
SEC. 265. ø50 U.S.C. 2095¿ RECOVERY OF PAYMENTS.
Recovery of payments under this title may not be made from
an individual when, in the judgment of the Director, the individual
is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this
title on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.
Part H—Retired Participants Recalled, Reinstated, or Reappointed in the Agency
or Reemployed in the Government
SEC. 271. ø50 U.S.C. 2111¿ RECALL.
(a) AUTHORITY TO RECALL.—The
Director may, with the consent of a retired participant, recall that participant to service in the
Agency whenever the Director determines that such recall is in the
public interest.
(b) PAY OF RETIRED PARTICIPANT WHILE SERVING.—A retired
participant recalled to duty in the Agency under subsection (a) or
reinstated or reappointed in accordance with section 231(b) shall,
while so serving, be entitled, in lieu of the retired participant’s annuity, to the full basic pay of the grade in which the retired participant is serving. During such service, the retired participant shall
make contributions to the fund in accordance with section 211.
(c) RECOMPUTATION OF ANNUITY.—When the retired participant reverts to retired status, the annuity of the retired participant
shall be redetermined in accordance with section 221.
SEC. 272. ø50 U.S.C. 2112¿ REEMPLOYMENT.
A participant retired under this title shall not, by reason of
that retired status, be barred from employment in Federal Government service in any appointive position for which the participant
is qualified.
SEC. 273. ø50 U.S.C. 2113¿ REEMPLOYMENT COMPENSATION.
(a) DEDUCTION FROM BASIC PAY.—An annuitant who
has retired under this title and who is reemployed in the Federal Government service in any appointive position (either on a part-time or
full-time basis) shall be entitled to receive the annuity payable
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 281
under this title, but there shall be deducted from the annuitant’s
basic pay a sum equal to the annuity allocable to the period of actual employment.
(b) RECOVERY OF OVERPAYMENTS.—In the event of an overpayment under this section, the amount of the overpayment shall be
recovered by withholding the amount involved from the basic pay
payable to such reemployed annuitant or from any other moneys,
including the annuitant’s annuity, payable in accordance with this
title.
(c) DEPOSIT IN THE FUND.—Sums deducted from the basic pay
of a reemployed annuitant under this section shall be deposited in
the Treasury of the United States to the credit of the fund.
Part I—Voluntary Contributions
SEC. 281. ø50 U.S.C. 2121¿ VOLUNTARY CONTRIBUTIONS.
(a) AUTHORITY FOR VOLUNTARY CONTRIBUTIONS.—
(1) IN GENERAL.—Under such regulations as
may be prescribed by the Director, a participant may voluntarily contribute additional sums in multiples of one percent of the participant’s basic pay, but not in excess of 10 percent of such
basic pay.
(2) INTEREST.—The voluntary contribution account in each
case is the sum of unrefunded contributions, plus interest—
(A) for periods before January 1, 1985, at 3 percent a
year; and
(B) for periods on or after January 1, 1985, at the rate
computed under section 8334(e) of title 5, United States
Code,
compounded annually to the date of election under subsection
(b) or the date of payment under subsection (d).
(b) TREATMENT OF VOLUNTARY CONTRIBUTIONS.—Effective on
the date of retirement and at the election of the participant, the
participant’s account shall be—
(1) returned in a lump sum;
(2) used to purchase an additional life annuity;
(3) used to purchase an additional life annuity for the participant and to provide for a cash payment on the participant’s
death to a beneficiary; or
(4) used to purchase an additional life annuity for the participant and a life annuity commencing on the participant’s
death payable to a beneficiary, with a guaranteed return to the
beneficiary or the beneficiary’s legal representative of an
amount equal to the cash payment referred to in paragraph
(3).
In the case of a benefit provided under paragraph (3) or (4), the
participant shall notify the Director in writing of the name of the
beneficiary of the cash payment or life annuity to be paid upon the
participant’s death.
(c) VALUE OF BENEFITS.—The benefits provided by subsection
(b) (2), (3), or (4) shall be actuarially equivalent in value to the payment provided for in subsection (b)(1) and shall be calculated upon
such tables of mortality as may be from time to time prescribed for
this purpose by the Director.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
132
(d) LUMP-SUM PAYMENT.—A voluntary contribution account
shall be paid in a lump sum at such time as the participant dies
or separates from the Agency without entitlement to an annuity.
In the case of death, the account shall be paid in the order of precedence specified in section 241(c).
(e) BENEFITS IN ADDITION TO OTHER BENEFITS.—Any benefit
payable to a participant or to the participant’s beneficiary with respect to the additional contributions provided under this section
shall be in addition to benefits otherwise provided under this title.
Part J—Cost-of-Living Adjustment of
Annuities
SEC. 291. ø50 U.S.C. 2131¿ COST-OF-LIVING ADJUSTMENT OF ANNUITIES.
(a) IN GENERAL.—Each annuity payable from the fund shall be
adjusted as follows:
(1) Each cost-of-living annuity increase under this section
shall be identical to the corresponding percentage increase
under section 8340(b) of title 5, United States Code.
(2) A cost-of-living increase made under paragraph (1)
shall become effective under this section on the effective date
of each such increase under section 8340(b) of title 5, United
States Code. Except as provided in subsection (b), each such increase shall be applied to each annuity payable from the fund
which has a commencing date not later than the effective date
of the increase.
(b) ELIGIBILITY.—Eligibility for an annuity increase under this
section shall be governed by the commencing date of each annuity
payable from the fund as of the effective date of an increase, except
as follows:
(1) The first cost-of-living increase (if any) made under
subsection (a) to an annuity which is payable from the fund to
a participant who retires, to the surviving spouse, former
spouse, or previous spouse of a participant who dies in service,
or to the surviving spouse, former spouse, previous spouse, or
insurable interest designee of a deceased annuitant whose annuity has not been increased under this subsection or subsection (a), shall be equal to the product (adjusted to the nearest 1⁄10 of one percent) of—
(A) 1⁄12 of the applicable percent change computed
under subsection (a), multiplied by
(B) the number of months (not to exceed 12 months,
counting any portion of a month as a month)—
(i) for which the annuity was payable from the
fund before the effective date of the increase, or
(ii) in the case of a surviving spouse, former
spouse, previous spouse, or insurable interest designee
of a deceased annuitant whose annuity has not been
so increased, since the annuity was first payable to the
deceased annuitant.
(2) Effective from its commencing date, an annuity payable
from the fund to an annuitant’s survivor (other than a child
entitled to an annuity under section 221(d)) shall be increased
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 292
by the total percentage increase the annuitant was receiving
under this section at death.
(3) For purposes of computing the annuity of a child under
section 221(d) that commences after October 31, 1969, the dollar amounts specified in section 221(d)(3) shall each be increased by the total percentage increases allowed and in force
under this section on or after such day and, in the case of a
deceased annuitant, the percentages specified in that section
shall be increased by the total percent allowed and in force to
the annuitant under this section on or after such day.
(c) LIMITATION.—An annuity increase provided by this section
may not be computed on any additional annuity purchased at retirement by voluntary contributions.
(d) ROUNDING TO NEXT LOWER DOLLAR.—The monthly annuity
installment, after adjustment under this section, shall be rounded
to the next lowest dollar, except that such installment shall, after
adjustment, reflect an increase of at least $1.
(e) LIMITATION ON MAXIMUM AMOUNT OF ANNUITY.—
(1) IN GENERAL.—An annuity shall not be increased by reason of an adjustment under this section to an amount which
exceeds the greater of—
(A) the maximum pay payable for GS–15 30 days before the effective date of the adjustment under this section;
or
(B) the final pay (or average pay, if higher) of the participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in the rates of pay of the General
Schedule under subchapter I of chapter 53 of title 5,
United States Code, during the period—
(i) beginning on the date on which the annuity
commenced (or, in the case of a survivor of the retired
participant, the date on which the participant’s annuity commenced), and
(ii) ending on the effective date of the adjustment
under this section.
(2) PAY DEFINED.—For purposes of paragraph (1), the term
‘‘pay’’ means the rate of salary or basic pay as payable under
any provision of law, including any provision of law limiting
the expenditure of appropriated funds.
Part K—Conformity With Civil Service
Retirement System
SEC. 292. ø50 U.S.C. 2141¿ AUTHORITY TO MAINTAIN EXISTING AREAS
OF CONFORMITY BETWEEN CIVIL SERVICE AND CENTRAL
INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEMS.
(a) PRESIDENTIAL AUTHORITY.—
(1) CONFORMITY TO CSRS BY EXECUTIVE ORDER.—Whenever
the President determines that it would be appropriate for the
purpose of maintaining existing conformity between the Civil
Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with re-
Sec. 293
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
134
spect to substantially identical provisions, the President may,
by Executive order, extend to current or former participants in
the Central Intelligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which—
(A) amends subchapter III of chapter 83 of title 5,
United States Code, and is applicable to civil service employees generally; or
(B) otherwise affects current or former participants in
the Civil Service Retirement and Disability System, or
their survivors.
(2) EXTENSION TO CIARDS.—Any such order shall extend
such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former participants, or survivors.
(3) LEGAL STATUS.—Any such order shall have the force
and effect of law.
(4) EFFECTIVE DATE.—Any such order may be given retroactive effect to a date not earlier than the effective date of the
corresponding provision of law applicable to employees under
the Civil Service Retirement System.
(b) EFFECT OF EXECUTIVE ORDER.—Provisions of an Executive
order issued pursuant to this section shall modify, supersede, or
render inapplicable, as the case may be, to the extent inconsistent
therewith—
(1) provisions of law enacted before the effective date of
the Executive order; and
(2) any prior provision of an Executive order issued under
this section.
SEC. 293. ø50 U.S.C. 2142¿ THRIFT SAVINGS PLAN PARTICIPATION.
(a) ELIGIBILITY FOR THRIFT SAVINGS PLAN.—Participants in
the
system shall be deemed to be employees for the purposes of section
8351 of title 5, United States Code.
(b) MANAGEMENT OF THRIFT SAVINGS PLAN ACCOUNTS BY DIRECTOR.—Subsections (k) and (m) of section 8461 of title 5, United
States Code, shall apply with respect to contributions made by participants to the Thrift Savings Fund under section 8351 of such
title and to earnings attributable to the investment of such contributions.
SEC. 294. ø50 U.S.C. 2143¿ ALTERNATIVE FORMS OF ANNUITIES.
(a) AUTHORITY FOR ALTERNATIVE FORM OF ANNUITY.—The
Director shall prescribe regulations under which any participant who
has a life-threatening affliction or other critical medical condition
may, at the time of retiring under this title (other than under section 231), elect annuity benefits under this section instead of any
other benefits under this title (including any survivor benefits
under this title) based on the service of the participant creditable
under this title.
(b) BASIS FOR ALTERNATIVE FORMS OF ANNUITY.—The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a
of title 5, United States Code.
(c) LUMP-SUM CREDIT.—Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an indi-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 301
vidual from receiving other benefits provided under that subsection.
(d) SUBMISSION OF REGULATIONS TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—The Director shall submit the regulations
prescribed under subsection (a) to the congressional intelligence
committees before the regulations take effect.
SEC. 295. ø50 U.S.C. 2144¿ PAYMENTS FROM CIARDS FUND FOR PORTIONS OF CERTAIN CIVIL SERVICE RETIREMENT SYSTEM
ANNUITIES.
The amount of the increase in any annuity that results from
the application of section 18 of the Central Intelligence Agency Act
of 1949, if and when such increase is based on an individual’s overseas service as an employee of the Central Intelligence Agency,
shall be paid from the fund.
TITLE III—PARTICIPATION IN THE FEDERAL EMPLOYEES’ RETIREMENT SYSTEM
SEC. 301. ø50 U.S.C. 2151¿ APPLICATION OF FEDERAL EMPLOYEES’ RETIREMENT SYSTEM TO AGENCY EMPLOYEES.
(a) GENERAL RULE.—Except as provided in subsections (b) and
(c), all employees of the Agency, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social
Security Act and chapter 21 of the Internal Revenue Code of 1954,
shall be subject to chapter 84 of title 5, United States Code.
(b) EXCEPTION FOR PRE-1984 EMPLOYEES.—Participants in the
Central Intelligence Agency Retirement and Disability System who
were participants in such system on or before December 31, 1983,
and who have not had a break in service in excess of one year since
that date, are not subject to chapter 84 of title 5, United States
Code, without regard to whether they are subject to title II of the
Social Security Act.
(c) NONAPPLICABILITY OF FERS TO CERTAIN EMPLOYEES.—
(1) The provisions of chapter 84 of title 5, United States
Code, shall not apply with respect to—
(A) any individual who separates, or who has separated, from Federal Government service after having been
an employee of the Agency subject to title II of this Act;
and
(B) any employee of the Agency having at least 5 years
of civilian service which was performed before January 1,
1987, and is creditable under title II of this Act (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, United
States Code, or under title II of this Act, or any requirement that the individual become subject to such subchapter or to title II of this Act after performing the service involved).
(2) Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under section 307 to become subject to chapter 84 of title 5, United
States Code, to the extent provided in such regulations.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
136
(3) An individual described in paragraph (1) shall be
deemed to be an individual excluded under section 8402(b)(2)
of title 5, United States Code.
(d) ELECTION TO BECOME SUBJECT TO FERS.—An employee
who is designated as a participant in the Central Intelligence
Agency Retirement and Disability System after December 31, 1987,
pursuant to section 203 may elect to become subject to chapter 84
of title 5, United States Code. Such election—
(1) shall not be effective unless it is made during the sixmonth period beginning on the date on which the employee is
so designated;
(2) shall take effect beginning with the first pay period beginning after the date of the election; and
(3) shall be irrevocable.
(e) SPECIAL RULES.—The application of the provisions of chapter 84 of title 5, United States Code, to an employee referred to in
subsection (a) shall be subject to the exceptions and special rules
provided in this title. Any provision of that chapter which is inconsistent with a special rule provided in this title shall not apply to
such employees.
SEC. 302. ø50 U.S.C. 2152¿ SPECIAL RULES RELATING TO SECTION 203
CRITERIA EMPLOYEES.
(a) IN GENERAL.—Except as otherwise provided in this section,
in the application of chapter 84 of title 5, United States Code, to
an employee of the Agency who is subject to such chapter and is
designated by the Director under the criteria prescribed in section
203, such employee shall be treated for purposes of determining
such employee’s retirement benefits and obligations under such
chapter as if the employee were a law enforcement officer (as defined in section 8401(17) of title 5, United States Code).
(b) VOLUNTARY AND MANDATORY RETIREMENT.—The provisions
of sections 233 and 235 shall apply to employees referred to in subsection (a), except that the retirement benefits shall be determined
under chapter 84 of title 5, United States Code.
(c) RECALL.—
(1) Except as provided in paragraph (2), section 271 shall
apply to an employee referred to in subsection (a).
(2) Contributions during recall service shall be made as
provided in section 8422 of title 5, United States Code.
(3) When an employee recalled under this subsection reverts to a retired status, the annuity of such employee shall be
redetermined under the provisions of chapter 84 of title 5,
United States Code.
SEC. 303. ø50 U.S.C. 2153¿ SPECIAL RULES FOR OTHER EMPLOYEES
FOR SERVICE ABROAD.
(a) SPECIAL COMPUTATION RULE.—Notwithstanding any provi-
sion of chapter 84 of title 5, United States Code, the annuity under
subchapter II of such chapter of a retired employee of the Agency
who is not designated under section 302(a) and who has served
abroad as an employee of the Agency after December 31, 1986,
shall be computed as provided in subsection (b).
(b) COMPUTATION.—
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 304
(1) SERVICE ABROAD.—The portion of the annuity relating
to such service abroad shall be computed as provided in section
8415(d) of title 5, United States Code.
(2) OTHER SERVICE.—The portions of the annuity relating
to other creditable service shall be computed as provided in
section 8415 of such title that is applicable to such service
under the conditions prescribed in chapter 84 of such title.
SEC. 304. ø50 U.S.C. 2154¿ SPECIAL RULES FOR FORMER SPOUSES.
(a) GENERAL RULE.—Except as otherwise specifically provided
in this section, the provisions of chapter 84 of title 5, United States
Code, shall apply in the case of an employee of the Agency who is
subject to chapter 84 of title 5, United States Code, and who has
a former spouse (as defined in section 8401(12) of title 5, United
States Code) or a qualified former spouse.
(b) DEFINITIONS.—For purposes of this section:
(1) EMPLOYEE.—The term ‘‘employee’’ means an employee
of the Agency who is subject to chapter 84 of title 5, United
States Code, including an employee referred to in section
302(a).
(2) QUALIFIED FORMER SPOUSE.—The term ‘‘qualified
former spouse’’ means a former spouse of an employee or retired employee who—
(A) in the case of a former spouse whose divorce from
such employee became final on or before December 4,
1991, was married to such employee for not less than 10
years during periods of the employee’s service which are
creditable under section 8411 of title 5, United States
Code, at least 5 years of which were spent outside the
United States by both the employee and the former spouse
during the employee’s service with the Agency; and
(B) in the case of a former spouse whose divorce from
such employee becomes final after December 4, 1991, was
married to such employee for not less than 10 years during
periods of the employee’s service which are creditable
under section 8411 of title 5, United States Code, at least
5 years of which were spent by the employee outside the
United States during the employee’s service with the
Agency or otherwise in a position the duties of which
qualified the employee for designation by the Director
under the criteria prescribed in section 203.
(3) PRO RATA SHARE.—The term ‘‘pro rata share’’ means
the percentage that is equal to (A) the number of days of the
marriage of the qualified former spouse to the employee during
the employee’s periods of creditable service under chapter 84
of title 5, United States Code, divided by (B) the total number
of days of the employee’s creditable service.
(4) SPOUSAL AGREEMENT.—The term ‘‘spousal agreement’’
means an agreement between an employee, former employee,
or retired employee and such employee’s spouse or qualified
former spouse that—
(A) is in writing, is signed by the parties, and is notarized;
(B) has not been modified by court order; and
(C) has been authenticated by the Director.
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
138
(5) COURT ORDER.—The term ‘‘court order’’ means any
court decree of divorce, annulment or legal separation, or any
court order or court-approved property settlement agreement
incident to such court decree of divorce, annulment, or legal
separation.
(c) ENTITLEMENT OF QUALIFIED FORMER SPOUSE TO RETIREMENT BENEFITS.—
(1) ENTITLEMENT.—
(A) IN GENERAL.—Unless otherwise expressly provided
by a spousal agreement or court order governing disposition of benefits payable under subchapter II or V of chapter 84 of title 5, United States Code, a qualified former
spouse of an employee is entitled to a share (determined
under subparagraph (B)) of all benefits otherwise payable
to such employee under subchapter II or V of chapter 84
of title 5, United States Code.
(B) AMOUNT OF SHARE.—The share referred to in subparagraph (A) equals—
(i) 50 percent, if the qualified former spouse was
married to the employee throughout the entire period
of the employee’s service which is creditable under
chapter 84 of title 50, United States Code; or
(ii) a pro rata share of 50 percent, if the qualified
former spouse was not married to the employee
throughout such creditable service.
(2) ANNUITY SUPPLEMENT.—The benefits payable to an employee under subchapter II of chapter 84 of title 5, United
States Code, shall include, for purposes of this subsection, any
annuity supplement payable to such employee under sections
8421 and 8421a of such title.
(3) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55.—
A qualified former spouse shall not be entitled to any benefit
under this subsection if, before the commencement of any benefit, the qualified former spouse remarries before becoming 55
years of age.
(4) COMMENCEMENT AND TERMINATION.—
(A) COMMENCEMENT.—The benefits of a qualified
former spouse under this subsection commence on the
later of—
(i) the day on which the employee upon whose
service the benefits are based becomes entitled to the
benefits; or
(ii) the first day of the second month beginning
after the date on which the Director receives written
notice of the court order or spousal agreement, together with such additional information or documentation as the Director may prescribe.
(B) TERMINATION.—The benefits of the qualified
former spouse and the right thereto terminate on—
(i) the last day of the month before the qualified
former spouse remarries before 55 years of age or dies;
or
(ii) the date on which the retired employee’s benefits terminate (except in the case of benefits subject to
paragraph (5)(B)).
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 304
(5) PAYMENTS TO RETIRED EMPLOYEES.—
(A) CALCULATION OF SURVIVOR ANNUITY.—Any reduction in payments to a retired employee as a result of payments to a qualified former spouse under this subsection
shall be disregarded in calculating—
(i) the survivor annuity for any spouse, former
spouse (qualified or otherwise), or other survivor
under chapter 84 of title 5, United States Code, and
(ii) any reduction in the annuity of the retired employee to provide survivor benefits under subsection
(d) of this section or under sections 8442 or 8445 of
title 5, United States Code.
(B) REDUCTION IN BASIC PAY UPON RECALL TO SERVICE.—If a retired employee whose annuity is reduced
under paragraph (1) is recalled to service under section
302(c), the basic pay of that annuitant shall be reduced by
the same amount as the annuity would have been reduced
if it had continued. Amounts equal to the reductions under
this subparagraph shall be deposited in the Treasury of
the United States to the credit of the Civil Service Retirement and Disability Fund.
(6) SPECIAL RULES FOR DISABILITY ANNUITANTS.—Notwithstanding paragraphs (1) and (4), in the case of any qualified
former spouse of a disability annuitant—
(A) the annuity of such former spouse shall commence
on the date on which the employee would qualify, on the
basis of the employee’s creditable service, for benefits
under subchapter II of chapter 84 of title 5, United States
Code, or on the date on which the disability annuity begins, whichever is later; and
(B) the amount of the annuity of the qualified former
spouse shall be calculated on the basis of the benefits for
which the employee would otherwise qualify under subchapter II of chapter 84 of such title.
(7) PRO RATA SHARE IN CASE OF EMPLOYEES TRANSFERRED
TO FERS.—Notwithstanding paragraph (1)(B), in the case of an
employee who has elected to become subject to chapter 84 of
title 5, United States Code, the share of such employee’s qualified former spouse shall equal the sum of—
(A) 50 percent of the employee’s annuity under subchapter III of chapter 83 of title 5, United States Code, or
under title II of this Act (computed in accordance with section 302(a) of the Federal Employees’ Retirement System
Act of 1986 or section 307 of this Act), multiplied by the
proportion that the number of days of marriage during the
period of the employee’s creditable service before the effective date of the election to transfer bears to the employee’s
total creditable service before such effective date; and
(B) if applicable, 50 percent of the employee’s benefits
under chapter 84 of title 5, United States Code, or section
302(a) of this Act (computed in accordance with section
302(a) of the Federal Employees’ Retirement System Act of
1986 or section 307 of this Act), multiplied by the proportion that the number of days of marriage during the period
of the employee’s creditable service on and after the effec-
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
140
tive date of the election to transfer bears to the employee’s
total creditable service after such effective date.
(8) TREATMENT OF PRO RATA SHARE UNDER INTERNAL REVENUE CODE.—For purposes of the Internal Revenue Code of
1986, payments to a qualified former spouse under this subsection shall be treated as income to the qualified former
spouse and not to the employee.
(d) QUALIFIED FORMER SPOUSE SURVIVOR BENEFITS.—
(1) ENTITLEMENT.—
(A) IN GENERAL.—Subject to an election under section
8416(a) of title 5, United States Code, and unless otherwise expressly provided by any spousal agreement or court
order governing survivor benefits payable under this subsection to a qualified former spouse, such former spouse is
entitled to a share, determined under subparagraph (B), of
all survivor benefits that would otherwise be payable
under subchapter IV of chapter 84 of title 5, United States
Code, to an eligible surviving spouse of the employee.
(B) AMOUNT OF SHARE.—The share referred to in subparagraph (A) equals—
(i) 100 percent, if the qualified former spouse was
married to the employee throughout the entire period
of the employee’s service which is creditable under
chapter 84 of title 5, United States Code; or
(ii) a pro rata share of 100 percent, if the qualified
former spouse was not married to the employee
throughout such creditable service.
(2) SURVIVOR BENEFITS.—
(A) The survivor benefits payable under this subsection to a qualified former spouse shall include the
amount payable under section 8442(b)(1)(A) of title 5,
United States Code, and any supplementary annuity under
section 8442(f) of such title that would be payable if such
former spouse were a widow or widower entitled to an annuity under such section.
(B) Any calculation under section 8442(f) of title 5,
United States Code, of the supplementary annuity payable
to a widow or widower of an employee referred to in section 302(a) shall be based on an ‘‘assumed CIARDS annuity’’ rather than an ‘‘assumed CSRS annuity’’ as stated in
section 8442(f) of such title. For the purpose of this subparagraph, the term ‘‘assumed CIARDS annuity’’ means
the amount of the survivor annuity to which the widow or
widower would be entitled under title II of this Act based
on the service of the deceased annuitant determined under
section 8442(f)(5) of such title.
(3) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55.—
A qualified former spouse shall not be entitled to any benefit
under this subsection if, before commencement of any benefit,
the qualified former spouse remarries before becoming 55 years
of age.
(4) RESTORATION.—If the survivor annuity payable under
this subsection to a surviving qualified former spouse is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 304
such remarriage is dissolved by death, divorce, or annulment,
if—
(A) such former spouse elects to receive this survivor
annuity instead of any other survivor benefit to which
such former spouse may be entitled under subchapter IV
of chapter 84 of title 5, United States Code, or under another retirement system for Government employees by reason of the remarriage; and
(B) any lump sum paid on termination of the annuity
is returned to the Civil Service Retirement and Disability
Fund.
(5) MODIFICATION OF COURT ORDER OR SPOUSAL AGREEMENT.—A modification in a court order or spousal agreement
to adjust a qualified former spouse’s share of the survivor benefits shall not be effective if issued after the retirement or
death of the employee, former employee, or annuitant, whichever occurs first.
(6) EFFECT OF TERMINATION OF QUALIFIED FORMER
SPOUSE’S ENTITLEMENT.—After a qualified former spouse of a
retired employee remarries before becoming age 55 or dies, the
reduction in the retired employee’s annuity for the purpose of
providing a survivor annuity for such former spouse shall be
terminated. The annuitant may elect, in a signed writing received by the Director within 2 years after the qualified former
spouse’s remarriage or death, to continue the reduction in
order to provide or increase the survivor annuity for such annuitant’s spouse. The annuitant making such election shall pay
a deposit in accordance with the provisions of section 8418 of
title 5, United States Code.
(7) PRO RATA SHARE IN CASE OF EMPLOYEES TRANSFERRED
TO FERS.—Notwithstanding paragraph (1)(B), in the case of an
employee who has elected to become subject to chapter 84 of
title 5, United States Code, the share of such employee’s qualified former spouse to survivor benefits shall equal the sum of—
(A) 50 percent of the employee’s annuity under subchapter III of chapter 83 of title 5, United States Code, or
under title II of this Act (computed in accordance with section 302(a) of the Federal Employees’ Retirement System
Act of 1986 or section 307 of this Act), multiplied by the
proportion that the number of days of marriage during the
period of the employee’s creditable service before the effective date of the election to transfer bears to the
employee’s total creditable service before such effective
date; and
(B) if applicable—
(i) 50 percent of the employee’s annuity under
chapter 84 of title 5, United States Code, or section
302(a) of this Act (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section 307 of this Act), plus
(ii) the survivor benefits referred to in subsection
(d)(2)(A),
multiplied by the proportion that the number of days of
marriage during the period of the employee’s creditable
service on and after the effective date of the election to
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
142
transfer bears to the employee’s total creditable service
after such effective date.
(e) QUALIFIED FORMER SPOUSE THRIFT SAVINGS PLAN
BENEFIT.—
(1) ENTITLEMENT.—
(A) IN GENERAL.—Unless otherwise expressly provided
by a spousal agreement or court order governing disposition of the balance of an account in the Thrift Savings
Fund under subchapter III of chapter 84 of title 5, United
States Code, a qualified former spouse of an employee is
entitled to a share (determined under subparagraph (B)) of
the balance in the employee’s account in the Thrift Savings Fund on the date the divorce of the qualified former
spouse and employee becomes final.
(B) AMOUNT OF SHARE.—The share referred to in subparagraph (A) equals 50 percent of the employee’s account
balance in the Thrift Savings Fund that accrued during
the period of marriage. For purposes of this subsection, the
employee’s account balance shall not include the amount of
any outstanding loan.
(2) PAYMENT OF BENEFIT.—
(A) TIME OF PAYMENT.—The entitlement of a qualified
former spouse under paragraph (1) shall be effective on the
date the divorce of the qualified former spouse and employee becomes final. The qualified former spouse’s benefit
shall be payable after the date on which the Director receives the divorce decree or any applicable court order or
spousal agreement, together with such additional information or documentation as the Director may require.
(B) METHOD OF PAYMENT.—The qualified former
spouse’s benefit under this subsection shall be paid in a
lump sum.
(C) LIMITATION.—A spousal agreement or court order
may not provide for payment to a qualified former spouse
under this subsection of an amount that exceeds the employee’s account balance in the Thrift Savings Fund.
(D) DEATH OF QUALIFIED FORMER SPOUSE.—If the
qualified former spouse dies before payment of the benefit
provided under this subsection, such payment shall be
made to the estate of the qualified former spouse.
(E) BAR TO RECOVERY.—Any payment under this subsection to an individual bars recovery by any other individual.
(3) CLOSED ACCOUNT.—No payment under this subsection
may be made by the Director if the date on which the divorce
becomes final is after the date on which the total amount of
the employee’s account balance has been withdrawn or transferred, or the date on which an annuity contract has been purchased, in accordance with section 8433 of title 5, United
States Code.
(f) PRESERVATION OF RIGHTS OF QUALIFIED FORMER SPOUSES.—
An employee may not make an election or modification of election
under section 8417 or 8418 of title 5, United States Code, or other
section relating to the employee’s annuity under subchapter II of
chapter 84 of title 5, United States Code, that would diminish the
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Sec. 305
entitlement of a qualified former spouse to any benefit granted to
such former spouse by this section or by court order or spousal
agreement.
(g) PAYMENT OF SHARE OF LUMP-SUM CREDIT.—Whenever an
employee or former employee becomes entitled to receive the lumpsum credit under section 8424(a) of title 5, United States Code, a
share (determined under subsection (c)(1)(B) of this section) of that
lump-sum credit shall be paid to any qualified former spouse of
such employee, unless otherwise expressly provided by any spousal
agreement or court order governing disposition of the lump-sum
credit involved.
(h) PAYMENT TO QUALIFIED FORMER SPOUSES UNDER COURT
ORDER OR SPOUSAL AGREEMENT.—In the case of any employee or
retired employee who has a qualified former spouse who is covered
by a court order or who is a party to a spousal agreement—
(1) any right of the qualified former spouse to any retirement benefits under subsection (c) and to any survivor benefits
under subsection (d), and the amount of any such benefits;
(2) any right of the qualified former spouse to any Thrift
Savings Plan benefit under subsection (e), and the amount of
any such benefit; and
(3) any right of the qualified former spouse to any payment
of a lump-sum credit under subsection (g), and the amount of
any such payment;
shall be determined in accordance with that spousal agreement or
court order, if and to the extent expressly provided for in the terms
of the spousal agreement or court order that are not inconsistent
with the requirements of this section.
(i) APPLICABILITY OF CIARDS FORMER SPOUSE BENEFITS.—
(1) Except as provided in paragraph (2), in the case of an
employee who has elected to become subject to chapter 84 of
title 5, United States Code, the provisions of sections 224 and
225 shall apply to such employee’s former spouse (as defined
in section 102(a)(4)) who would otherwise be eligible for benefits under sections 224 and 225 but for the employee having
elected to become subject to such chapter.
(2) For the purposes of computing such former spouse’s
benefits under sections 224 and 225—
(A) the retirement benefits shall be equal to the
amount determined under subsection (c)(7)(A); and
(B) the survivor benefits shall be equal to 55 percent
of the full amount of the employee’s annuity computed in
accordance with section 302(a) of the Federal Employees’
Retirement System Act of 1986 or regulations prescribed
under section 307 of this Act.
(3) Benefits provided pursuant to this subsection shall be
payable from the Central Intelligence Agency Retirement and
Disability Fund.
SEC. 305. ø50 U.S.C. 2155¿ ADMINISTRATIVE PROVISIONS.
(a) FINALITY OF DECISIONS OF DIRECTOR.—Section
201(c) of
this Act shall apply in the administration of chapter 84 of title 5,
United States Code, with respect to employees of the Agency.
(b) EXCEPTION.—Notwithstanding subsection (a), section
8461(e) of title 5, United States Code, shall apply with respect to
Sec. 306
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
144
employees of the Agency who are not participants in the Central
Intelligence Agency Retirement and Disability System and are not
designated under section 302(a).
SEC. 306. ø50 U.S.C. 2156¿ REGULATIONS.
(a) REQUIREMENT.—The Director shall
prescribe in regulations
appropriate procedures to carry out this title. Such regulations
shall be prescribed in consultation with the Director of the Office
of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board.
(b) CONGRESSIONAL REVIEW.—The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
SEC. 307. ø50 U.S.C. 2157¿ TRANSITION REGULATIONS.
(a) REGULATIONS.—The Director shall prescribe
regulations
providing for the transition from the Central Intelligence Agency
Retirement and Disability System to the Federal Employees’ Retirement System provided in chapter 84 of title 5, United States
Code, in a manner consistent with sections 301 through 304 of the
Federal Employees’ Retirement System Act of 1986.
(b) CONGRESSIONAL REVIEW.—The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
Laws Modifying the Central Intelligence Agency Retirement
and Disability System
(Through May 25, 1990)
SECTION 214 OF PUBLIC LAW 94–522
(Act of October 17, 1976, 90 Stat. 2472, 50 U.S.C. 403 note)
SEC. 214. (a) An annuity payable from the Central Intelligence
Agency Retirement and Disability Fund to an annuitant which is
based on a separation occurring prior to October 20, 1969, is increased by $240 per annum.
(b) In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving
spouse of an annuitant, which is based on a separation occurring
prior to October 20, 1969, shall be increased by $132 per annum.
(c) The monthly rate of an annuity resulting from an increase
under this section shall be considered as the monthly rate of annuity payable under section 221(a) of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees, as amended (78
Stat. 1043; 50 U.S.C. 403 note) for purposes of computing the minimum annuity under new section 221(l) of the Act, as added by section 204 of this Act.
145
CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT
(Public Law 103–36; 107 Stat. 104; approved June 8, 1993)
AN ACT To authorize the establishment of a program under which employees of the
Central Intelligence Agency may be offered separation pay to separate from service voluntarily to avoid or minimize the need for involuntary separations due to
downsizing, reorganization, transfer of function, or other similar action, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ø50 U.S.C. 2001 nt¿ SHORT TITLE.
This Act may be cited as the ‘‘Central Intelligence Agency Voluntary Separation Pay Act’’.
SEC. 2. ø50 U.S.C. 403–4 nt¿ SEPARATION PAY.
(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 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
147
Sec. 2
CIA VOLUNTARY SEPARATION PAY ACT
148
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 indi-
149
CIA VOLUNTARY SEPARATION PAY ACT
Sec. 2
vidual 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).
SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPECIAL PARTICIPANTS.
øSection 3 amended section 233 of the Central Intelligence
Agency Retirement Act by designating existing text as subsection
(a) and adding at the end a new subsection (b).¿
B. NATIONAL SECURITY AGENCY
NATIONAL SECURITY AGENCY ACT OF 1959
(Public Law 86–36; 73 Stat. 63; approved May 29, 1959; 50 U.S.C. 402 note)
AN ACT To provide certain administrative authorities for the National Security
Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the ‘‘National Security Agency Act of 1959’’.
SEC. 2. [Section 2 was repealed by section 1633(b)(1) of P.L.
104–201 (September 23, 1996, 110 Stat. 2751).]
SEC. 3. [Section 3 consisted of amendments to section 1581(a)
of title 10, United States Code.]
SEC. 4. [Section 4 was repealed by section 1633(b)(1) of P.L.
104–201 (September 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), 1 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) 2) shall be construed to require the disclosure of the organization or any function of the National Security Agency, of 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. [Section 7 was repealed by section 8(a) of Public Law
89–554 (September 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.
SEC. 9. (a) Notwithstanding section 322 of the Act of June 30,
1932 (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
1 The Independent Offices Appropriation Act, 1949, was repealed by the law enacting title 5,
United States Code (Public Law 89–554, Sept 6, 1966, 80 Stat. 378). Section 207 of that Act
was codified as section 5941 of title 5, United States Code.
2 Repealed by section 101 of Public Law 86–626 (July 12, 1960, 74 Stat. 427).
151
Sec. 10
NATIONAL SECURITY AGENCY ACT OF 1959
152
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) and in section 18 of the Central
Intelligence Agency Act of 1949.
(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.
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 train-
153
NATIONAL SECURITY AGENCY ACT OF 1959
Sec. 10
ing 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
Sec. 10
NATIONAL SECURITY AGENCY ACT OF 1959
154
(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.
155
NATIONAL SECURITY AGENCY ACT OF 1959
Sec. 12
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’’
(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) (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.
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
Sec. 12
NATIONAL SECURITY AGENCY ACT OF 1959
156
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. 1
(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
1 Public Law 101–194, sec. 506(c)(2) (103 Stat. 1759) amended sec. 12(a)(1)(G) by inserting
‘‘and’’ after the semicolon at the end of (G). Because there was not a semicolon at the end of
(G), the amendment was not executed. This amendment would have taken effect on January
1, 1991.
157
NATIONAL SECURITY AGENCY ACT OF 1959
Sec. 15
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.
(b) The Secretary of Defense (or his designee) may by regulation establish a merit pay system for such employees of the National Security Agency as the Secretary of Defense (or his designee)
considers appropriate. The merit pay system shall be designed to
carry out purposes consistent with those set forth in section
5401(a) of title 5, United States Code.
(c) Nothing in this section shall be construed to allow the aggregate amount payable to a member of the Senior Cryptologic Executive Service under this section during any fiscal year to exceed
the annual rate payable for positions at level I of the Executive
Schedule in effect at the end of such year.
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.) 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.
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.
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 ac-
Sec. 16
NATIONAL SECURITY AGENCY ACT OF 1959
158
tion as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the action is
brought.
SEC. 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
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NATIONAL SECURITY AGENCY ACT OF 1959
Sec. 18
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.
SEC. 17. [Section 17 was repealed by section 806(b)(2) of P.L.
103–359 (October 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.
TITLE III OF THE INTERNAL SECURITY ACT OF 1950
(Added by Public Law 88–290; 78 Stat. 168; March 26, 1964)
TITLE III—PERSONNEL SECURITY PROCEDURES IN
NATIONAL SECURITY AGENCY
REGULATIONS FOR EMPLOYMENT SECURITY
SEC. 301. ø50 U.S.C. 831¿ Subject to the provisions of this
title, the Secretary of Defense (hereinafter in this title referred to
as the ‘‘Secretary’’) shall prescribe such regulations relating to continuing security procedures as he considers necessary to assure—
(1) that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this title
referred to as the ‘‘Agency’’), or continue to be so employed, detailed, or assigned; and
(2) that no person so employed, detailed, or assigned shall
have access to any classified information;
unless such employment, detail, assignment, or access to classified
information is clearly consistent with the national security.
FULL FIELD INVESTIGATION AND APPRAISAL
SEC. 302. ø50 U.S.C. 832¿ (a) No person shall be employed in,
or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connection with such employment, detail, or assignment, and is cleared for access to classified
information in accordance with the provisions of this title; excepting that conditional employment without access to sensitive
cryptologic information or material may be tendered any applicant
under such regulations as the Secretary may prescribe, pending the
completion of such full field investigation: And provided further,
That such full field investigation at the discretion of the Secretary
need not be required in the case of persons assigned or detailed to
the Agency who have a current security clearance for access to sensitive cryptologic information under equivalent standards of investigation and clearance. During any period of war declared by the
Congress, or during any period when the Secretary determines that
a national disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in
writing that his action is necessary or advisable in the national interest, he may authorize the employment of any person in, or the
detail or assignment of any person to, the Agency, and may grant
to any such person access to classified information, on a temporary
basis, pending the completion of the full field investigation and the
clearance for access to classified information required by this subsection, if the Secretary determines that such action is clearly consistent with the national security.
161
Sec. 304
INTERNAL SECURITY ACT
162
(b) To assist the Secretary and the Director of the Agency in
carrying out their personnel security responsibilities, one or more
boards of appraisal of three members each, to be appointed by the
Director of the Agency, shall be established in the Agency. Such a
board shall appraise the loyalty and suitability of persons for access to classified information, in those cases in which the Director
of the Agency determines that there is a doubt whether their access to that information would be clearly consistent with the national security, and shall submit a report and recommendation on
each such a case. However, appraisal by such a board is not required before action may be taken under section 14 of the Act of
June 27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1
of the Act of August 26, 1950, chapter 803, as amended (5 U.S.C.
22–1), or any other similar provision of law. Each member of such
a board shall be specially qualified and trained for his duties as
such a member, shall have been the subject of a full field investigation in connection with his appointment as such a member, and
shall have been cleared by the Director for access to classified information at the time of his appointment as such a member. No
person shall be cleared for access to classified information, contrary
to the recommendations of any such board, unless the Secretary (or
his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national interest.
øSEC. 303. Repealed by section 1633(b)(2) of P.L. 104–201.¿
DEFINITION OF CLASSIFIED INFORMATION
SEC. 304. ø50 U.S.C. 834¿ For the purposes of this section, the
term ‘‘classified information’’ means information which, for reasons
of national security, is specifically designated by a United States
Government agency for limited or restricted dissemination or distribution.
NONAPPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT
SEC. 305. ø50 U.S.C. 835¿ The Administrative Procedure Act,
as amended (5 U.S.C. 1001 et seq.) 1, shall not apply to the use or
exercise of any authority granted by this title.
AMENDMENTS
SEC. 306. [Section 306 consisted of amendments to other laws.]
1 So in original. The Administrative Procedure Act was repealed by P.L. 89–554 as part of a
general revision of title 5, United States Code. These provisions were codified as subchapter II
of chapter 5 and chapter 7 of title 5, United States Code.
C. OTHER INTELLIGENCE STATUTES
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 1
(Public Law 95–511; 92 Stat. 1783; approved October 25, 1978)
AN ACT To authorize electronic surveillance to obtain foreign intelligence
information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That ø50 U.S.C.
1801 nt¿ this Act may be cited as the ‘‘Foreign Intelligence Surveillance Act of 1978’’.
TABLE OF CONTENTS
TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR
FOREIGN INTELLIGENCE PURPOSES
Sec. 101. Definitions.
Sec. 102. Authorization for electronic surveillance for foreign intelligence purposes.
Sec. 103. Designation of judges.
Sec. 104. Application for an order.
Sec. 105. Issuance of an order.
Sec. 106. Use of information.
Sec. 107. Report of electronic surveillance.
Sec. 108. Congressional oversight.
Sec. 109. Penalties.
Sec. 110. Civil liability.
Sec. 111. Authorization during time of war.
Sec. 201.
TITLE II—CONFORMING AMENDMENTS
Amendments to chapter 119 of title 18, United States Code.
TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR
FOREIGN INTELLIGENCE PURPOSES
Sec. 301. Definitions.
Sec. 302. Authorization of physical searches for foreign intelligence purposes.
Sec. 303. Application for an order.
Sec. 304. Issuance of an order.
Sec. 305. Use of information.
Sec. 306. Congressional oversight.
Sec. 307. Penalties.
Sec. 308. Civil liability.
Sec. 309. Authorization during time of war.
TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
Sec. 401. Definitions.
Sec. 402. Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations.
Sec. 403. Authorization during emergencies.
1 In connection with this Act, see also section 107 of the Electronic Communications Privacy
Act of 1986 regarding certain intelligence activities involving communications security, foreign
power radio communications, and foreign power electronic communications systems; and see also
section 2232 of title 18, United States Code, regarding prohibition on warning an individual of
Foreign Intelligence Surveillance Act of 1978 surveillance. See also Communications Assistance
for Law Enforcement Act, infra at p. 901.
163
Sec. 101
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
164
Sec. 404. Authorization during time of war.
Sec. 405. Use of information.
Sec. 406. Congressional oversight.
TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE PURPOSES
Sec. 501. Access to certain business records for foreign intelligence and international terrorism investigations.
Sec. 502. Congressional oversight.
TITLE VI—EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE
UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES
DEFINITIONS
SEC. 101. ø50 U.S.C. 1801¿ As used in this title:
(a) ‘‘Foreign power’’ means—
(1) a foreign government or any component, thereof,
whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign
government or governments to be directed and controlled
by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons; or
(6) an entity that is directed and controlled by a foreign government or governments.
(b) ‘‘Agent of a foreign power’’ means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee
of a foreign power, or as a member of a foreign power as
defined in subsection (a)(4);
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United
States contrary to the interests of the United States, when
the circumstances of such person’s presence in the United
States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage
in such activities; or
(2) any person who—
(A) knowingly engages in clandestine intelligence
gathering activities for or on behalf of a foreign power,
which activities involve or may involve a violation of the
criminal statutes of the United States;
(B) pursuant to the direction of an intelligence service
or network of a foreign power, knowingly engages in any
other clandestine intelligence activities for or on behalf of
such foreign power, which activities involve or are about to
involve a violation of the criminal statutes of the United
States;
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 101
(C) knowingly engages in sabotage or international
terrorism, or activities that are in preparation therefor, for
or on behalf of a foreign power;
(D) knowingly enters the United States under a false
or fraudulent identity for or on behalf of a foreign power
or, while in the United States, knowingly assumes a false
or fraudulent identity for or on behalf of a foreign power;
or
(E) knowingly aids or abets any person in the conduct
of activities described in subparagraph (A), (B), or (C) or
knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).
(c) ‘‘International terrorism’’ means activities that—
(1) involve violent acts or acts dangerous to human life
that are a violation of the criminal laws of the United States
or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any
State;
(2) appear to be intended—
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coercion; or
(C) to affect the conduct of a government by assassination or kidnapping; and
(3) occur totally outside the United States, or transcend
national boundaries in terms of the means by which they are
accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or
seek asylum.
(d) ‘‘Sabotage’’ means activities that involve a violation of chapter 105 of title 18, United States Code, or that would involve such
a violation if committed against the United States.
(e) ‘‘Foreign intelligence information’’ means—
(1) information that relates to, and if concerning a United
States person is necessary to, the ability of the United States
to protect against—
(A) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an
agent of a foreign power; or
(2) information with respect to a foreign power or foreign
territory that relates to, and if concerning a United States person is necessary to—
(A) the national defense or the security of the United
States; or
(B) the conduct of the foreign affairs of the United
States.
(f) ‘‘Electronic surveillance’’ means—
(1) the acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire or radio communications sent by or intended to be received by a particular,
known United States person who is in the United States, if the
Sec. 101
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
166
contents are acquired by intentionally targeting that United
States person, under circumstances in which a person has a
reasonable expectation of privacy and a warrant would be required for law enforcement purposes;
(2) the acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire communication
to or from a person in the United States, without the consent
of any party thereto, if such acquisition occurs in the United
States, but does not include the acquisition of those communications of computer trespassers that would be permissible
under section 2511(2)(i) of title 18, United States Code;
(3) the intentional acquisition by an electronic, mechanical,
or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender
and all intended recipients are located within the United
States; or
(4) the installation or use of an electronic, mechanical, or
other surveillance device in the United States for monitoring
to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required
for law enforcement purposes.
(g) ‘‘Attorney General’’ means the Attorney General of the
United States (or Acting Attorney General) or the Deputy Attorney
General.
(h) ‘‘Minimization procedures’’, with respect to electronic surveillance, means—
(1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the
purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning
unconsenting United States persons consistent with the need
of the United States to obtain, produce, and disseminate foreign intelligence information;
(2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (c)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance;
(3) notwithstanding paragraphs (1) and (2), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is about
to be committed and that is to be retained or disseminated for
law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 102(a), procedures that require that no contents of any
communication to which a United States person is a party
shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under sec-
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 102
tion 105 is obtained or unless the Attorney General determines
that the information indicates a threat of death or serious bodily harm to any person.
(i) ‘‘United States person’’ means a citizen of the United States,
an alien lawfully admitted for permanent residence (as defined in
section 101(a)(20) of the Immigration and Nationality Act), an unincorporated association a substantial number of members of which
are citizens of the United States or aliens lawfully admitted for
permanent residence, or a corporation which is incorporated in the
United States, but does not include a corporation or an association
which is a foreign power, as defined in subsection (a) (1), (2), or (3).
(j) ‘‘United States’’, when used in a geographic sense, means all
areas under the territorial sovereignty of the United States and the
Trust Territory of the Pacific Islands.
(k) ‘‘Aggrieved person’’ means a person who is the target of an
electronic surveillance or any other person whose communications
or activities were subject to electronic surveillance.
(l) ‘‘Wire communication’’ means any communications while it
is being carried by a wire, cable, or other like connection furnished
or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate
or foreign communications.
(m) ‘‘Person’’ means any individual, including any officer or
employee of the Federal Government, or any group, entity, association, corporation, or foreign power.
(n) ‘‘Contents’’, when used with respect to a communication, includes any information concerning the identity of the parties to
such communications or the existence, substance, purport, or meaning of that communication.
(o) ‘‘State’’ means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, an any territory or possession of the
United States.
AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR FOREIGN
INTELLIGENCE PURPOSES
SEC. 102. ø50 U.S.C. 1802¿ (a)(1) Notwithstanding any other
law, the President, through the Attorney General, may authorize
electronic surveillance without a court order under this title to acquire foreign intelligence information for periods of up to one year
if the Attorney General certifies in writing under oath that—
(A) the electronic surveillance is solely directed at—
(i) the acquisition of the contents of communications
transmitted by means of communications used exclusively
between or among foreign powers, as defined in section
101(a) (1), (2), or (3); or
(ii) the acquisition of technical intelligence, other than
the spoken communications of individuals, from property
or premises under the open and exclusive control of a foreign power, as defined in section 101(a) (1), (2), or (3);
(B) there is no substantial likelihood that the surveillance
will acquire the contents of any communications to which a
United States person is a party; and
Sec. 102
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
168
(C) the proposed minimization procedures with respect to
such surveillance meet the definition of minimization procedures under section 101(h); and
if the Attorney General reports such minimization procedures and
any changes thereto to the House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence at
least thirty days prior to their effective date, unless the Attorney
General determines immediate action is required and notifies the
committees immediately of such minimization procedures and the
reason for their becoming effective immediately.
(2) An electronic surveillance authorized by this subsection
may be conducted only in accordance with the Attorney General’s
certification and the minimization procedures adopted by him. The
Attorney General shall assess compliance with such procedures and
shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 108(a).
(3) The Attorney General shall immediately transmit under
seal to the court established under section 103(a) a copy of his certification. Such certification shall be maintained under security
measures established by the Chief Justice with the concurrence of
the Attorney General, in consultation with the Director of Central
Intelligence, and shall remain sealed unless—
(A) an application for a court order with respect to the surveillance is made under sections 101(h)(4) and 104; or
(B) the certification is necessary to determine the legality
of the surveillance under section 106(f).
(4) With respect to electronic surveillance authorized by this
subsection, the Attorney General may direct a specified communication common carrier to—
(A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in
such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and
(B) maintain under security procedures approved by the
Attorney General and the Director of Central Intelligence any
records concerning the surveillance or the aid furnished which
such carrier wishes to retain.
The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.
(b) Applications for a court order under this title are authorized if the President has, by written authorization, empowered the
Attorney General to approve applications to the court having jurisdiction under section 103, and a judge to whom an application is
made may, notwithstanding any other law, grant an order, in conformity with section 105, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not
have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection
(a) unless such surveillance may involve the acquisition of communications of any United States person.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 104
DESIGNATION OF JUDGES
SEC. 103. ø50 U.S.C. 1803¿ (a) The Chief Justice of the United
States shall publicly designate 11 district court judges from seven
of the United States judicial circuits of whom no fewer than 3 shall
reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for
and grant orders approving electronic surveillance anywhere within
the United States under the procedures set forth in this Act, except
that no judge designated under this subsection shall hear the same
application for electronic surveillance under this Act which has
been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an
order authorizing electronic surveillance under this Act, such judge
shall provide immediately for the record a written statement of
each reason for his decision and, on motion of the United States,
the record shall be transmitted, under seal, to the court of review
established in subsection (b).
(b) The Chief Justice shall publicly designate three judges, one
of whom shall be publicly designate as the presiding judge, from
the United States district courts or courts of appeals who together
shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this Act. If such
court determines that the application was properly denied, the
court shall immediately provide for the record a written statement
of each reason for its decision and, on petition of the United States
for a writ of certiorari, the record shall be transmitted under seal
to the Supreme Court, which shall have jurisdiction to review such
decision.
(c) Proceedings under this Act shall be conducted as expeditiously as possible. The record of proceedings under this Act, including applications made and orders granted, shall be maintained
under security measures established by the Chief Justice in consultation with the Attorney General and the Director of Central Intelligence.
(d) Each judge designated under this section shall so serve for
a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a)
shall be designated for terms of from one to seven years so that one
term expires each year, and that judges first designated under subsection (b) shall be designated for terms of three, five, and seven
years.
APPLICATION FOR AN ORDER
SEC. 104. ø50 U.S.C. 1804¿ (a) Each application for an order
approving electronic surveillance under this title shall be made by
a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 103. Each application shall require
the approval of the Attorney General based upon his finding that
it satisfies the criteria and requirements of such application as set
forth in this title. It shall include—
(1) the identity of the Federal officer making the application;
Sec. 104
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
170
(2) the authority conferred on the Attorney General by the
President of the United States and the approval of the Attorney General to make the application;
(3) the identity, if known, or a description of the target of
the electronic surveillance;
(4) a statement of the facts and circumstances relied upon
by the applicant to justify his belief that—
(A) the target of the electronic surveillance is a foreign
power or an agent of a foreign power; and
(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to
be used, by a foreign power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a detailed description of the nature of the information
sought and the type of communications or activities to be subjected to the surveillance;
(7) a certification or certifications by the Assistant to the
President for National Security Affairs or an executive branch
official or officials designated by the President from among
those executive officers employed in the area of national security or defense and appointed by the President with the advice
and consent of the Senate—
(A) that the certifying official deems the information
sought to be foreign intelligence information;
(B) that a significant purpose 1 of the surveillance is to
obtain foreign intelligence information;
(C) that such information cannot reasonably be obtained by normal investigative techniques;
(D) that designates the type of foreign intelligence information being sought according to the categories described in section 101(e); and
(E) including a statement of the basis for the certification that—
(i) the information sought is the type of foreign intelligence information designated; and
(ii) such information cannot reasonably be obtained by normal investigative techniques;
(8) a statement of the means by which the surveillance will
be effected and a statement whether physical entry is required
to effect the surveillance;
(9) a statement of the facts concerning all previous applications that have been made to any judge under this title involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application;
(10) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the na1 Section 218 of Public Law 107–56 amended section 104(a)(7)(B) by striking ‘‘the purpose’’ and
inserting ‘‘a significant purpose’’. Section 224 of such public law provides as follows:
SEC. 224. SUNSET.
(a) IN GENERAL.—Except as provided in subsection (b), this title and the amendments made
by this title (other than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222,
and the amendments made by those sections) shall cease to have effect on December 31, 2005.
(b) EXCEPTION.—With respect to any particular foreign intelligence investigation that began
before the date on which the provisions referred to in subsection (a) cease to have effect, or with
respect to any particular offense or potential offense that began or occurred before the date on
which such provisions cease to have effect, such provisions shall continue in effect.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 104
ture of the intelligence gathering is such that the approval of
the use of electronic surveillance under this title should not
automatically terminate when the described type of information has first been obtained, a description of facts supporting
the belief that additional information of the same type will be
obtained thereafter; and
(11) whenever more than one electronic, mechanical or
other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device.
(b) Whenever the target of the electronic surveillance is a foreign power, as defined in section 101(a) (1), (2), or (3), and each of
the facilities or places at which the surveillance is directed is
owned, leased, or exclusively used by that foreign power, the application need not contain the information required by paragraphs (6),
(7)(E), (8), and (11) of subsection (a), but shall state whether physical entry is required to effect the surveillance and shall contain
such information about the surveillance techniques and communications or other information concerning United States persons
likely to be obtained as may be necessary to assess the proposed
minimization procedures.
(c) The Attorney General may require any other affidavit or
certification from any other officer in connection with the application.
(d) The judge may require the applicant to furnish such other
information as may be necessary to make the determinations required by section 105.
(e)(1)(A) Upon written request of the Director of the Federal
Bureau of Investigation, the Secretary of Defense, the Secretary of
State, or the Director of Central Intelligence, the Attorney General
shall personally review under subsection (a) an application under
that subsection for a target described in section 101(b)(2).
(B) Except when disabled or otherwise unavailable to make a
request referred to in subparagraph (A), an official referred to in
that subparagraph may not delegate the authority to make a request referred to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate
actions in advance to ensure that delegation of such authority is
clearly established in the event such official is disabled or otherwise unavailable to make such request.
(2)(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the
second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request
for the review of the application under that paragraph. Except
when disabled or otherwise unavailable to make a determination
under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.
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(B) Notice with respect to an application under subparagraph
(A) shall set forth the modifications, if any, of the application that
are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes
of making the application under this section.
(C) Upon review of any modifications of an application set forth
under subparagraph (B), the official notified of the modifications
under this paragraph shall modify the application if such official
determines that such modification is warranted. Such official shall
supervise the making of any modification under this subparagraph.
Except when disabled or otherwise unavailable to supervise the
making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of
any modification under that preceding sentence. Each such official
shall take appropriate actions in advance to ensure that delegation
of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making
of such modification.
ISSUANCE OF AN ORDER
SEC. 105. ø50 U.S.C. 1805¿ (a) Upon an application made pursuant to section 104, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he
finds that—
(1) the President has authorized the Attorney General to
approve applications for electronic surveillance for foreign intelligence information;
(2) the application has been made by a Federal officer and
approved by the Attorney General;
(3) on the basis of the facts submitted by the applicant
there is probable cause to believe that—
(A) the target of the electronic surveillance is a foreign
power or an agent of a foreign power: Provided, That no
United States person may be considered a foreign power or
an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution
of the United States; and
(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to
be used, by a foreign power or an agent of a foreign power;
(4) the proposed minimization procedures meet the definition of minimization procedures under section 101(h); and
(5) the application which has been filed contains all statements and certifications required by section 104 and, if the target is a United States person, the certification or certifications
are not clearly erroneous on the basis of the statement made
under section 104(a)(7)(E) and any other information furnished
under section 104(d).
(b) In determining whether or not probable cause exists for
purposes of an order under subsection (a)(3), a judge may consider
past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
(c) An order approving an electronic surveillance under this
section shall—
(1) specify—
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(A) the identity, if known, or a description of the target of the electronic surveillance;
(B) the nature and location of each of the facilities or
places at which the electronic surveillance will be directed,
if known;
(C) the type of information sought to be acquired and
the type of communications or activities to be subjected to
the surveillance;
(D) the means by which the electronic surveillance will
be effected and whether physical entry will be used to effect the surveillance;
(E) the period of time during which the electronic surveillance is approved; and
(F) whenever more than one electronic, mechanical, or
other surveillance device is to be used under the order, the
authorized coverage of the devices involved and what minimization procedures shall apply to information subject to
acquisition by each device; and
(2) direct—
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified
communication or other common carrier, landlord, custodian, or other specified person, or in circumstances where
the Court finds that the actions of the target of the application may have the effect of thwarting the identification
of a specified person, such other persons, 1 furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and
produce a minimum of interference with the services that
such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;
(C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the
Attorney General and the Director of Central Intelligence
any records concerning the surveillance or the aid furnished that such person wishes to retain; and
(D) that the applicant compensate, at the prevailing
rate, such carrier, landlord, custodian, or other person for
furnishing such aid.
(d) Whenever the target of the electronic surveillance is a foreign power, as defined in section 101(a) (1), (2), or (3), and each of
the facilities or places at which the surveillance is directed is
owned, leased, or exclusively used by that foreign power, the order
used need not contain the information required by subparagraphs
(C), (D), and (F) of subsection (c)(1), but shall generally describe
the information sought, the communications or activities to be subjected to the surveillance, and the type of electronic surveillance involved, including whether physical entry is required.
1 Section 206 of Public Law 107–56 amended subsection (c)(2)(B), by inserting ‘‘, or in circumstances where the Court finds that the actions of the target of the application may have
the effect of thwarting the identification of a specified person, such other persons,’’ after ‘‘specified person’’. For the repeal of this amendment, see sunset provision in a footnote to section
104(a)(7)(B).
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
174
(e)(1) An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose,
or for ninety days, whichever is less, except that (A) 1 an order
under this section shall approve an electronic surveillance targeted
against a foreign power, as defined in section 101(a), (1), (2), or (3),
for the period specified in the application or for one year, whichever
is less, and (B) an order under this Act for a surveillance targeted
against an agent of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified in the application or for
120 days, whichever is less 1.
(2) Extensions of an order issued under this title may be granted on the same basis as an original order upon an application for
an extension and new findings made in the same manner as required for an original order, except that (A) 2 an extension of an
order under this Act for a surveillance targeted against a foreign
power, a defined in section 101(a) (5) or (6), or against a foreign
power as defined in section 101(a)(4) that is not a United States
person, may be for a period not to exceed one year if the judge
finds probable cause to believe that no communication of any individual United States person will be acquired during the period, and
(B) an extension of an order under this Act for a surveillance targeted against an agent of a foreign power as defined in section
101(b)(1)(A) may be for a period not to exceed 1 year 2.
(3) At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, the
judge may assess compliance with the minimization procedures by
reviewing the circumstances under which information concerning
United States persons was acquired, retained, or disseminated.
(f) Notwithstanding any other provision of this title, when the
Attorney General reasonably determines that—
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
(2) the factual basis for issuance of an order under this
title to approve such surveillance exists;
he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 103 is informed
by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this
title is made to that judge as soon as practicable, but not more
than 72 hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this title for the issuance of a judicial
1 Section 207(a)(1) of Public Law 107–56 amended subsection (e)(1), by inserting ‘‘(A)’’ after
‘‘except that’’, and by inserting before the period the following: ‘‘, and (B) an order under this
Act for a surveillance targeted against an agent of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less’’.
For the repeal of these amendments, see sunset provision in a footnote to section 104(a)(7)(B).
2 Section 207(b)(1) of Public Law 107–56, as amended by section 314(c)(1) of P.L. 107–108 (115
Stat. 1402–1403), amended subsection (e)(2) by inserting ‘‘(A)’’ after ‘‘except that’’, and by inserting before the period the following: ‘‘, and (B) an extension of an order under this Act for a surveillance targeted against an agent of a foreign power as defined in section 101(b)(1)(A) may
be for a period not to exceed 1 year’’. For the repeal of these amendments, see sunset provision
in a footnote to section 104(a)(7)(B).
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Sec. 105
order be followed. In the absence of a judicial order approving such
electronic surveillance, the surveillance shall terminate when the
information sought is obtained, when the application for the order
is denied, or after the expiration of 72 hours from the time of authorization by the Attorney General, whichever is earliest. In the
event that such application for approval is denied, or in any other
case where the electronic surveillance is terminated and no order
is issued approving the surveillance, no information obtained or
evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trail, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the
United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such
surveillance shall subsequently be used or disclosed in any other
manner by Federal officers or employees without the consent of
such person, except with the approval of the Attorney General if
the information indicates a threat of death or serious bodily harm
to any person. A denial of the application made under this subsection may be reviewed as provided in section 103.
(g) Notwithstanding any other provision of this title, officers,
employees, or agents of the United States are authorized in the
normal course of their official duties to conduct electronic surveillance not targeted against the communications of any particular
person or persons, under procedures approved by the Attorney General, solely to—
(1) test the capability of electronic equipment, if—
(A) it is not reasonable to obtain the consent of the
persons incidentally subjected to the surveillance;
(B) the test is limited in extent and duration to that
necessary to determine to capability of the equipment;
(C) the contents of any communication acquired are
retained and used only for the purpose of determining the
capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and
(D) Provided, That the test may exceed ninety days
only with the prior approval of the Attorney General;
(2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to
conduct electronic surveillance, if—
(A) it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance;
(B) such electronic surveillance is limited in extent
and duration to that necessary to determine the existence
and capability of such equipment; and
(C) any information acquired by such surveillance is
used only to enforce chapter 119 of title 18, United States
Code, or section 705 of the Communications Act of 1934,
or to protect information from unauthorized surveillance;
or
(3) train intelligence personnel in the use of electronic surveillance equipment, if—
(A) it is not reasonable to—
Sec. 106
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
176
(i) obtain the consent of the persons incidentally
subjected to the surveillance;
(ii) train persons in the course of surveillances
otherwise authorized by this title; or
(iii) train persons in the use of such equipment
without engaging in electronic surveillance;
(B) such electronic surveillance is limited in extent
and duration to that necessary to train the personnel in
the use of the equipment; and
(C) no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed
as soon as reasonably possible.
(h) Certifications made by the Attorney General pursuant to
section 102(a) and applications made and orders granted under this
title shall be retained for a period of at least ten years from the
date of the certification or application.
(i) 1 No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or
other specified person thereof) that furnishes any information, facilities, or technical assistance in accordance with a court order or
request for emergency assistance under this Act for electronic surveillance or physical search 1.
USE OF INFORMATION
SEC. 106. ø50 U.S.C. 1806¿ (a) Information acquired from an
electronic surveillance conducted pursuant to this title concerning
any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required
by this title. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this title shall
lose its privileged character. No information acquired from an electronic surveillance pursuant to this title may be used or disclosed
by Federal officers or employees except for lawful purposes.
(b) No information acquired pursuant to this title shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding
with the advance authorization of the Attorney General.
(c) Whenever the Government intends to enter into evidence or
otherwise use or disclose in any trail, hearing, or other proceeding
in or before any court, department, officer, agency, regulatory body,
or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this
title, the Government shall, prior to the trail, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or
so use that information or submit it in evidence, notify the ag1 Section 225 of Public Law 107–56 amended section 105 by inserting after ‘‘subsection (g)’’
a new subsection (h). Subparagraphs (C) and (D) of section 314(a)(2) of the Intelligence Authorization Act for Fiscal Year 2002 (P.L. 107–108; 115 Stat. 1402) transferred the first subsection
(h) (as added by section 225 of P.L. 107–56) to appear after the second subsection (h), redesignated such subsection as subsection (i), and inserted before the period at the end ‘‘for electronic
surveillance or physical search’’. For the repeal of the amendment made by Public Law 107–
56 (adding a new subsection (h)), see sunset provision in a footnote to section 104(a)(7)(B).
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Sec. 106
grieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to
so disclose or so use such information.
(d) Whenever any State or political subdivision thereof intends
to enter into evidence or otherwise use or disclose in any trail,
hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof, against an aggrieved person any information obtained or derived from an electronic surveillance of that
aggrieved person pursuant to the authority of this title, the State
or political subdivision thereof shall notify the aggrieved person,
the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political
subdivision thereof intends to so disclose or so use such information.
(e) Any person against whom evidence obtained or derived
from an electronic surveillance to which he is an aggrieved person
is to be, or has been, introduced or otherwise used or disclosed in
any trail, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the
United States, a State, or a political subdivision thereof, may move
to suppress the evidence obtained or derived from such electronic
surveillance on the grounds that—
(1) the information was unlawfully acquired; or
(2) the surveillance was not made in conformity with an
order of authorization or approval.
Such a motion shall be made before the trail, hearing, or other proceeding unless there was no opportunity to make such a motion or
the person was not aware of the grounds of the motion.
(f) Whenever a court or other authority is notified pursuant to
subsection (c) or (d), or whenever a motion is made pursuant to
subsection (e), or whenever any motion or request is made by an
aggrieved person pursuant to any other statute or rule of the
United States or any State before any court or other authority of
the United States or any State to discover or obtain applications
or orders or other materials relating to electronic surveillance or to
discover, obtain, or suppress evidence or information obtained or
derived from electronic surveillance under this Act, the United
States district court or, where the motion is made before another
authority, the United States district court in the same district as
the authority, shall, notwithstanding any other law, if the Attorney
General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United
States, review in camera and ex parte the application, order, and
such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the
application, order, or other materials relating to the surveillance
only where such disclosure is necessary to make an accurate determination of the legality of the surveillance.
(g) If the United States district court pursuant to subsection (f)
determine that the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, sup-
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
178
press the evidence which was unlawfully obtained or derived from
electronic surveillance of the aggrieved person or otherwise grant
the motion of the aggrieved person. If the court determines that the
surveillance was lawfully authorized and conducted, it shall deny
the motion of the aggrieved person except to the extent that due
process requires discovery or disclosure.
(h) Orders granting motions or requests under subsection (g),
decisions under this section that electronic surveillance was not
lawfully authorized or conducted, and orders of the United States
district court requiring review or granting disclosure of applications, orders, or other materials relating to a surveillance shall be
final orders and binding upon all courts of the United States and
the several States except a United States court of appeals and the
Supreme Court.
(i) In circumstances involving the unintentional acquisition by
an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a
person has a reasonable expectation of privacy and a warrant
would be required for law enforcement purposes, and if both the
sender and all intended recipients are located within the United
States, such contents shall be destroyed upon recognition, unless
the Attorney General determines that the contents indicates a
threat of death or serious bodily harm to any person.
(j) If an emergency employment of electronic surveillance is authorized under section 105(e) and a subsequent order approving the
surveillance is not obtained, the judge shall cause to be served on
any United States person named in the application and on such
other United States persons subject to electronic surveillance as
the judge may determine in his discretion it is in the interest of
justice to serve, notice of—
(1) the fact of the application;
(2) the period of the surveillance; and
(3) the fact that during the period information was or was
not obtained.
On an ex parte showing of good cause to the judge the serving of
the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering
the serving of the notice required under this subsection.
(k)(1) Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this title may consult
with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the
chief executive officer of that State or political subdivision who has
the authority to appoint or direct the chief law enforcement officer
of that State or political subdivision) to coordinate efforts to investigate or protect against—
(A) actual or potential attack or other grave hostile acts of
a foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power
or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a foreign power.
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Sec. 109
(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 104(a)(7)(B) or the entry
of an order under section 105.
REPORT OF ELECTRONIC SURVEILLANCE
SEC. 107. ø50 U.S.C. 1807¿ In April of each year, the Attorney
General shall transmit to the Administrative Office of the United
States Court and to Congress a report setting forth with respect to
the preceding calendar year—
(a) the total number of applications made for orders and
extensions of orders approving electronic surveillance under
this title; and
(b) the total number of such orders and extensions either
granted, modified, or denied.
CONGRESSIONAL OVERSIGHT
SEC. 108. ø50 U.S.C. 1808¿ (a)(1) On a semiannual basis the
Attorney General shall fully inform the House Permanent Select
Committee on Intelligence and the Senate Select Committees on
Intelligence concerning all electronic surveillance under this title.
Nothing in this title shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out
their respective functions and duties.
(2) Each report under the first sentence of paragraph (1) shall
include a description of—
(A) each criminal case in which information acquired
under this Act has been passed for law enforcement purposes
during the period covered by such report; and
(B) each criminal case in which information acquired
under this Act has been authorized for use at trial during such
reporting period.
(b) On or before one year after the effective date of this Act
and on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select
Committee on Intelligence shall report respectively to the House of
Representatives and the Senate, concerning the implementation of
this Act. Said reports shall include but not be limited to an analysis and recommendations concerning whether this Act should be
(1) amended, (2) repealed, or (3) permitted to continue in effect
without amendment.
PENALTIES
SEC. 109. ø50 U.S.C. 1809¿ (a) OFFENSE.—A person is guilty
of an offense if he intentionally—
(1) engages in electronic surveillance under color of law except as authorized by statute; or
(2) disclose or uses information obtained under color of law
by electronic surveillance, knowing or having reason to known
that the information was obtained through electronic surveillance not authorized by statute.
(b) DEFENSE.—It is a defense to a prosecution under subsection
(a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
180
surveillance was authorized by and conducted pursuant to a search
warrant or court order of a court of competent jurisdiction.
(c) PENALTY.—An offense in this section is punishable by a fine
of not more than $10,000 or imprisonment for not more than five
years, or both.
(d) JURISDICTION.—There is Federal jurisdiction over an offense under this section if the person committing the offense was
an officer or employee of the United States at the time the offense
was committed.
CIVIL LIABILITY
SEC. 110. ø50 U.S.C. 1810¿ CIVIL ACTION.—An aggrieved person, other than a foreign power or an agent of a foreign power, as
defined in section 101 (a) or (b)(1)(A), respectively, who has been
subjected to an electronic surveillance or about whom information
obtained by electronic surveillance of such person has been disclosed or used in violation of section 109 shall have a cause of action against any person who committed such violation and shall be
entitled to recover—
(a) actual damages, but not less than liquidated damages
of $1,000 or $100 per day for each day of violation, whichever
is greater;
(b) punitive damages; and
(c) reasonable attorney’s fees and other investigation and
litigation costs reasonably incurred.
AUTHORIZATION DURING TIME OF WAR
SEC. 111. ø50 U.S.C. 1811¿ Notwithstanding any other law,
the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire
foreign intelligence information for a period not to exceed fifteen
calendar days following a declaration of war by the Congress.
TITLE II—CONFORMING AMENDMENTS
AMENDMENTS TO CHAPTER 119 OF TITLE 18, UNITED STATES CODE
SEC. 201. Chapter 119 of title 18, United States Code, is
amended as follows:
(a) Section 2511(2)(a)(ii) is amended to read as follows:
‘‘(ii) Notwithstanding any other law, communication common
carriers, their officers, employees, and agents, landlords,
custodians, or other persons, are authorized to provide information,
facilities, or technical assistance to persons authorized by law to
intercept wire or oral communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if the common carrier, its officers, employees,
or agent, landlord, custodian, or other specified person, has been
provided with—
‘‘(A) a court order directing such assistance signed by the
authorizing judge, or
‘‘(B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United
States that no warrant or court order is required by law, that
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Sec. 201
all statutory requirements have been met, and that the specified assistance is required,
setting forth the period of time during which the provision of the
information, facilities, or technical assistance is authorized and
specifying the information, facilities, or technical assistance required. No communications common carrier, officer, employee, or
agent thereof, or landlord, custodian, or other specified person shall
disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished an order or certification under this subparagraph, except as may otherwise be required by legal process and then only after prior notification of the
Attorney General or to the principal prosecuting attorney of a State
or any political subdivision of a State, as may be appropriate. Any
violation of this subparagraph by a communication common carrier
or an officer, employee, or agent thereof, shall render the carrier
liable for the civil damages provided for in section 2520. No cause
of action shall lie in any court against any communication common
carrier, its officers, employees, or agents, landlord, custodian, or
other specified person for providing information, facilities, or assistance in accordance with the terms of an order or certification under
this subparagraph.’’.
(b) Section 2511(2) is amended by adding at the end thereof the following new provisions:
‘‘(e) Notwithstanding any other provision of this title or section
605 or 606 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the
normal course of his official duty to conduct electronic surveillance,
as defined in section 101 of the Foreign Intelligence Surveillance
Act of 1978, as authorized by that Act.
‘‘(f) Nothing contained in this chapter, or section 605 of the
Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications by a means
other than electronic surveillance as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978, and procedures in
this chapter and the Foreign Intelligence Surveillance Act of 1978
shall be the exclusive means by which electronic surveillance, as
defined in section 101 of such Act, and the interception of domestic
wire and oral communications may be conducted.’’.
(c) Section 2511(3) is repealed.
(d) Section 2518(1) is amended by inserting ‘‘under this
chapter’’ after ‘‘communication’’.
(e) Section 2518(4) is amended by inserting ‘‘under this
chapter’’ after both appearances of ‘‘wire or oral communication’’.
(f) Section 2518(9) is amended by striking out ‘‘intercepted’’
and inserting ‘‘intercepted pursuant to this chapter’’ after
‘‘communication’’.
(g) Section 2518(10) is amended by striking out ‘‘intercepted’’ and inserting ‘‘intercepted pursuant to this chapter’’
after the first appearance of ‘‘communication’’.
(h) Section 2519(3) is amended by inserting ‘‘pursuant to
this chapter’’ after ‘‘wire or oral communications’’ and after
‘‘granted or denied’’.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
182
TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
DEFINITIONS
SEC.301. ø50 U.S.C. 1821¿ As used in this title:
(1) The terms ‘‘foreign power’’, ‘‘agent of a foreign power’’,
‘‘international terrorism’’, ‘‘sabotage’’, ‘‘foreign intelligence information’’, ‘‘Attorney General’’, ‘‘United States person’’,
‘‘United States’’, ‘‘person’’, and ‘‘State’’ shall have the same
meanings as in section 101 of this Act, except as specifically
provided by this title.
(2) ‘‘Aggrieved person’’ means a person whose premises,
property, information, or material is the target of physical
search or any other person whose premises, property, information, or material was subject to physical search.
(3) ‘‘Foreign Intelligence Surveillance Court’’ means the
court established by section 103(a) of this Act.
(4) ‘‘Minimization procedures’’ with respect to physical
search, means—
(A) specific procedures, which shall be adopted by the
Attorney General, that are reasonably designed in light of
the purposes and technique of the particular physical
search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain,
produce, and disseminate foreign intelligence information;
(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
as defined in section 101(e)(1) of this Act, shall not be disseminated in a manner that identifies any United States
person, without such person’s consent, unless such person’s identity is necessary to understand such foreign intelligence information or assess its importance;
(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is
being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
(D) notwithstanding subparagraphs (A), (B), and (C),
with respect to any physical search approved pursuant to
section 302(a), procedures that require that no information, material, or property of a United States person shall
be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under
section 304 is obtained or unless the Attorney General determines that the information indicates a threat of death
or serious bodily harm to any person.
(5) ‘‘Physical search’’ means any physical intrusion within
the United States into premises or property (including examination of the interior of property by technical means) that is
intended to result in a seizure, reproduction, inspection, or al-
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Sec. 302
teration of information, material, or property, under circumstances in which a person has a reasonable expectation of
privacy and a warrant would be required for law enforcement
purposes, but does not include (A) ‘‘electronic surveillance’’, as
defined in section 101(f) of this Act, or (B) the acquisition by
the United States Government of foreign intelligence information from international or foreign communications, or foreign
intelligence activities conducted in accordance with otherwise
applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101(f) of this Act.
AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN INTELLIGENCE
PURPOSES
SEC.302. ø50 U.S.C. 1822¿ (a)(1) Notwithstanding any other
provision of law, the President, acting through the Attorney General, may authorize physical searches without a court order under
this title to acquire foreign intelligence information for periods of
up to one year if—
(A) the Attorney General certifies in writing under oath
that—
(i) the physical search is solely directed at premises,
information, material, or property used exclusively by, or
under the open and exclusive control of, a foreign power or
powers (as defined in section 101(a) (1), (2), or (3));
(ii) there is no substantial likelihood that the physical
search will involve the premises, information, material, or
property of a United States person; and
(iii) the proposed minimization procedures with respect to such physical search meet the definition of minimization procedures under paragraphs (1) through (4) of
section 301(4); and
(B) the Attorney General reports such minimization procedures and any changes thereto to the Permanent Select Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate at least 30 days
before their effective date, unless the Attorney General determines that immediate action is required and notifies the committees immediately of such minimization procedures and the
reason for their becoming effective immediately.
(2) A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization
procedures adopted by the Attorney General. The Attorney General
shall assess compliance with such procedures and shall report such
assessments to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence of the Senate under the provisions of sec
tion 306.
(3) The Attorney General shall immediately transmit under
seal to the Foreign Intelligence Surveillance Court a copy of the
certification. Such certification shall be maintained under security
measures established by the Chief Justice of the United States
with the concurrence of the Attorney General, in consultation with
the Director of Central Intelligence, and shall remain sealed
unless—
Sec. 302
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
184
(A) an application for a court order with respect to the
physical search is made under section 301(4) and section 303;
or
(B) the certification is necessary to determine the legality
of the physical search under section 305(g).
(4)(A) With respect to physical searches authorized by this subsection, the Attorney General may direct a specified landlord, custodian, or other specified person to—
(i) furnish all information, facilities, or assistance necessary to accomplish the physical search in such a manner as
will protect its secrecy and produce a minimum of interference
with the services that such landlord, custodian, or other person
is providing the target of the physical search; and
(ii) maintain under security procedures approved by the
Attorney General and the Director of Central Intelligence any
records concerning the search or the aid furnished that such
person wishes to retain.
(B) The Government shall compensate, at the prevailing rate,
such landlord, custodian, or other person for furnishing such aid.
(b) Applications for a court order under this title are authorized if the President has, by written authorization, empowered the
Attorney General to approve applications to the Foreign Intelligence Surveillance Court. Notwithstanding any other provision of
law, a judge of the court to whom application is made may grant
an order in accordance with section 304 approving a physical
search in the United States of the premises, property, information,
or material of a foreign power or an agent of a foreign power for
the purpose of collecting foreign intelligence information.
(c) The Foreign Intelligence Surveillance Court shall have jurisdiction to hear applications for and grant orders approving a
physical search for the purpose of obtaining foreign intelligence information anywhere within the United States under the procedures
set forth in this title, except that no judge shall hear the same application which has been denied previously by another judge designated under section 103(a) of this Act. If any judge so designated
denies an application for an order authorizing a physical search
under this title, such judge shall provide immediately for the
record a written statement of each reason for such decision and, on
motion of the United States, the record shall be transmitted, under
seal, to the court of review established under section 103(b).
(d) The court of review established under section 103(b) shall
have jurisdiction to review the denial of any application made
under this title. If such court determines that the application was
properly denied, the court shall immediately provide for the record
a written statement of each reason for its decision and, on petition
of the United States for a writ of certiorari, the record shall be
transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.
(e) Judicial proceedings under this title shall be concluded as
expeditiously as possible. The record of proceedings under this title,
including applications made and orders granted, shall be maintained under security measures established by the Chief Justice of
the United States in consultation with the Attorney General and
the Director of Central Intelligence.
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Sec. 303
APPLICATION FOR AN ORDER
SEC. 303. ø50 U.S.C. 1823¿ (a) Each application for an order
approving a physical search under this title shall be made by a
Federal officer in writing upon oath or affirmation to a judge of the
Foreign Intelligence Surveillance Court. Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements
for such application as set forth in this title. Each application shall
include—
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Attorney General by the
President and the approval of the Attorney General to make
the application;
(3) the identity, if known, or a description of the target of
the search, and a detailed description of the premises or property to be searched and of the information, material, or property to be seized, reproduced, or altered;
(4) a statement of the facts and circumstances relied upon
by the applicant to justify the applicant’s belief that—
(A) the target of the physical search is a foreign power
or an agent of a foreign power;
(B) the premises or property to be searched contains
foreign intelligence information; and
(C) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from a foreign
power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a statement of the nature of the foreign intelligence
sought and the manner in which the physical search is to be
conducted;
(7) a certification or certifications by the Assistant to the
President for National Security Affairs or an executive branch
official or officials designated by the President from among
those executive branch officers employed in the area of national security or defense and appointed by the President, by
and with the advice and consent of the Senate—
(A) that the certifying official deems the information
sought to be foreign intelligence information;
(B) that a significant purpose 1 of the search is to obtain foreign intelligence information;
(C) that such information cannot reasonably be obtained by normal investigative techniques;
(D) that designates the type of foreign intelligence information being sought according to the categories described in section 101(e); and
(E) includes a statement explaining the basis for the
certifications required by subparagraphs (C) and (D);
(8) where the physical search involves a search of the residence of a United States person, the Attorney General shall
state what investigative techniques have previously been uti1 Section 218 of Public Law 107–56 amended subsection (a)(7)(B), by striking ‘‘the purpose’’
and inserting ‘‘a significant purpose’’. For the repeal of this amendment, see sunset provision
in a footnote to section 104(a)(7)(B).
Sec. 303
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
186
lized to obtain the foreign intelligence information concerned
and the degree to which these techniques resulted in acquiring
such information; and
(9) a statement of the facts concerning all previous applications that have been made to any judge under this title involving any of the persons, premises, or property specified in the
application, and the action taken on each previous application.
(b) The Attorney General may require any other affidavit or
certification from any other officer in connection with the
application.
(c) The judge may require the applicant to furnish such other
information as may be necessary to make the determinations required by section 304.
(d)(1)(A) Upon written request of the Director of the Federal
Bureau of Investigation, the Secretary of Defense, the Secretary of
State, or the Director of Central Intelligence, the Attorney General
shall personally review under subsection (a) an application under
that subsection for a target described in section 101(b)(2).
(B) Except when disabled or otherwise unavailable to make a
request referred to in subparagraph (A), an official referred to in
that subparagraph may not delegate the authority to make a request referred to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate
actions in advance to ensure that delegation of such authority is
clearly established in the event such official is disabled or otherwise unavailable to make such request.
(2)(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the
second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request
for the review of the application under that paragraph. Except
when disabled or otherwise unavailable to make a determination
under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.
(B) Notice with respect to an application under subparagraph
(A) shall set forth the modifications, if any, of the application that
are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes
of making the application under this section.
(C) Upon review of any modifications of an application set forth
under subparagraph (B), the official notified of the modifications
under this paragraph shall modify the application if such official
determines that such modification is warranted. Such official shall
supervise the making of any modification under this subparagraph.
Except when disabled or otherwise unavailable to supervise the
making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of
any modification under that preceding sentence. Each such official
shall take appropriate actions in advance to ensure that delegation
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 304
of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making
of such modification.
ISSUANCE OF AN ORDER
SEC. 304. ø50 U.S.C. 1824¿ (a) Upon an application made pursuant to section 303, the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge
finds that—
(1) the President has authorized the Attorney General to
approve applications for physical searches for foreign intelligence purposes;
(2) the application has been made by a Federal officer and
approved by the Attorney General;
(3) on the basis of the facts submitted by the applicant
there is probable cause to believe that—
(A) the target of the physical search is a foreign power
or an agent of a foreign power, except that no United
States person may be considered an agent of a foreign
power solely upon the basis of activities protected by the
first amendment to the Constitution of the United States;
and
(B) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from an agent of
a foreign power or a foreign power;
(4) the proposed minimization procedures meet the definition of minimization contained in this title; and
(5) the application which has been filed contains all statements and certifications required by section 303, and, if the
target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement
made under section 303(a)(7)(E) and any other information furnished under section 303(c).
(b) In determining whether or not probable cause exists for
purposes of an order under subsection (a)(3), a judge may consider
past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
(c) An order approving a physical search under this section
shall—
(1) specify—
(A) the identity, if known, or a description of the target of the physical search;
(B) the nature and location of each of the premises or
property to be searched;
(C) the type of information, material, or property to be
seized, altered, or reproduced;
(D) a statement of the manner in which the physical
search is to be conducted and, whenever more than one
physical search is authorized under the order, the authorized scope of each search and what minimization procedures shall apply to the information acquired by each
search; and
(E) the period of time during which physical searches
are approved; and
(2) direct—
Sec. 304
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
188
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified
landlord, custodian, or other specified person furnish the
applicant forthwith all information, facilities, or assistance
necessary to accomplish the physical search in such a
manner as will protect its secrecy and produce a minimum
of interference with the services that such landlord, custodian, or other person is providing the target of the physical
search;
(C) that such landlord, custodian, or other person
maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any
records concerning the search or the aid furnished that
such person wishes to retain;
(D) that the applicant compensate, at the prevailing
rate, such landlord, custodian, or other person for furnishing such aid; and
(E) that the Federal officer conducting the physical
search promptly report to the court the circumstances and
results of the physical search.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 304
(d)(1) An order issued under this section may approve a physical search for the period necessary to achieve its purpose, or for
90 1 days, whichever is less, except that (A) 1 an order under this
section shall approve a physical search targeted against a foreign
power, as defined in paragraph (1), (2), or (3) of section 101(a), for
the period specified in the application or for one year, whichever
is less, and (B) an order under this section for a physical search
targeted against an agent of a foreign power as defined in section
101(b)(1)(A) may be for the period specified in the application or for
120 days, whichever is less 1.
(2) Extensions of an order issued under this title may be granted on the same basis as the original order upon an application for
an extension and new findings made in the same manner as required for the original order, except that an extension of an order
under this Act for a physical search targeted against a foreign
power, as defined in section 101(a) (5) or (6), or against a foreign
power, as defined in section 101(a)(4), that is not a United States
person, or against an agent of a foreign power as defined in section
101(b)(1)(A), 2 may be for a period not to exceed one year if the
judge finds probable cause to believe that no property of any individual United States person will be acquired during the period.
(3) At or before the end of the period of time for which a physical search is approved by an order or an extension, or at any time
after a physical search is carried out, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.
(e)(1)(A) Notwithstanding any other provision of this title,
whenever the Attorney General reasonably makes the determination specified in subparagraph (B), the Attorney General may authorize the execution of an emergency physical search if—
(i) a judge having jurisdiction under section 103 is informed by the Attorney General or the Attorney General’s designee at the time of such authorization that the decision has
been made to execute an emergency search, and
(ii) an application in accordance with this title is made to
that judge as soon as practicable but not more than 72 hours
after the Attorney General authorizes such search.
(B) The determination referred to in subparagraph (A) is a determination that—
(i) an emergency situation exists with respect to the execution of a physical search to obtain foreign intelligence information before an order authorizing such search can with due diligence be obtained, and
(ii) the factual basis for issuance of an order under this
title to approve such a search exists.
1 Section 207(a)(2) of Public Law 107–56 amended subsection (d)(1), by striking ‘‘forty-five’’
and inserting ‘‘90’’, inserting ‘‘(A)’’ after ‘‘except that’’, and inserting before the period the following: ‘‘, and (B) an order under this section for a physical search targeted against an agent
of a foreign power as defined in section 101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less’’. For the repeal of these amendments, see sunset provision in a footnote to section 104(a)(7)(B).
2 Section 207(b)(2) of Public Law 107–56 amended subsection (d)(2), by inserting after ‘‘not a
United States person,’’ the following: ‘‘or against an agent of a foreign power as defined in section 101(b)(1)(A),’’. For the repeal of this amendment, see sunset provision in a footnote to section 104(a)(7)(B).
Sec. 305
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
190
(2) If the Attorney General authorizes an emergency search
under paragraph (1), the Attorney General shall require that the
minimization procedures required by this title for the issuance of
a judicial order be followed.
(3) In the absence of a judicial order approving such a physical
search, the search shall terminate the earlier of—
(A) the date on which the information sought is obtained;
(B) the date on which the application for the order is denied; or
(C) the expiration of 72 hours from the time of authorization by the Attorney General.
(4) In the event that such application for approval is denied,
or in any other case where the physical search is terminated and
no order is issued approving the search, no information obtained or
evidence derived from such search shall be received in evidence or
otherwise disclosed in any trial, hearing, or other proceeding in or
before any court, grand jury, department, office, agency, regulatory
body, legislative committee, or other authority of the United States,
a State, or political subdivision thereof, and no information concerning any United States person acquired from such search shall
subsequently be used or disclosed in any other manner by Federal
officers or employees without the consent of such person, except
with the approval of the Attorney General, if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed
as provided in section 302.
(f) Applications made and orders granted under this title shall
be retained for a period of at least 10 years from the date of the
application.
USE OF INFORMATION
SEC. 305. ø50 U.S.C. 1825¿ (a) Information acquired from a
physical search conducted pursuant to this title concerning any
United States person may be used and disclosed by Federal officers
and employees without the consent of the United States person
only in accordance with the minimization procedures required by
this title. No information acquired from a physical search pursuant
to this title may be used or disclosed by Federal officers or employees except for lawful purposes.
(b) Where a physical search authorized and conducted pursuant to section 304 involves the residence of a United States person,
and, at any time after the search the Attorney General determines
there is no national security interest in continuing to maintain the
secrecy of the search, the Attorney General shall provide notice to
the United States person whose residence was searched of the fact
of the search conducted pursuant to this Act and shall identify any
property of such person seized, altered, or reproduced during such
search.
(c) No information acquired pursuant to this title shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding
with the advance authorization of the Attorney General.
(d) Whenever the United States intends to enter into evidence
or otherwise use or disclose in any trial, hearing, or other pro-
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 305
ceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from a physical search pursuant to the authority of this title, the United States
shall, prior to the trial, hearing, or the other proceeding or at a
reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and
the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so
use such information.
(e) Whenever any State or political subdivision thereof intends
to enter into evidence or otherwise use or disclose in any trial,
hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof against an aggrieved person any information obtained or derived from a physical search pursuant to the authority of this title, the State or political subdivision thereof shall
notify the aggrieved person, the court or other authority in which
the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
(f)(1) Any person against whom evidence obtained or derived
from a physical search to which he is an aggrieved person is to be,
or has been, introduced or otherwise used or disclosed in any trial,
hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United
States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such search on the
grounds that—
(A) the information was unlawfully acquired; or
(B) the physical search was not made in conformity with
an order of authorization or approval.
(2) Such a motion shall be made before the trial, hearing, or
other proceeding unless there was no opportunity to make such a
motion or the person was not aware of the grounds of the motion.
(g) Whenever a court or other authority is notified pursuant to
subsection (d) or (e), or whenever a motion is made pursuant to
subsection (f), or whenever any motion or request is made by an
aggrieved person pursuant to any other statute or rule of the
United States or any State before any court or other authority of
the United States or any State to discover or obtain applications
or orders or other materials relating to a physical search authorized by this title or to discover, obtain, or suppress evidence or information obtained or derived from a physical search authorized by
this title, the United States district court or, where the motion is
made before another authority, the United States district court in
the same district as the authority shall, notwithstanding any other
provision of law, if the Attorney General files an affidavit under
oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte
the application, order, and such other materials relating to the
physical search as may be necessary to determine whether the
physical search of the aggrieved person was lawfully authorized
and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security proce-
Sec. 305
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
192
dures and protective orders, portions of the application, order, or
other materials relating to the physical search, or may require the
Attorney General to provide to the aggrieved person a summary of
such materials, only where such disclosure is necessary to make an
accurate determination of the legality of the physical search.
(h) If the United States district court pursuant to subsection
(g) determines that the physical search was not lawfully authorized
or conducted, it shall, in accordance with the requirements of law,
suppress the evidence which was unlawfully obtained or derived
from the physical search of the aggrieved person or otherwise grant
the motion of the aggrieved person. If the court determines that the
physical search was lawfully authorized or conducted, it shall deny
the motion of the aggrieved person except to the extent that due
process requires discovery or disclosure.
(i) Orders granting motions or requests under subsection (h),
decisions under this section that a physical search was not lawfully
authorized or conducted, and orders of the United States district
court requiring review or granting disclosure of applications, orders, or other materials relating to the physical search shall be
final orders and binding upon all courts of the United States and
the several States except a United States Court of Appeals or the
Supreme Court.
(j)(1) If an emergency execution of a physical search is authorized under section 304(d) and a subsequent order approving the
search is not obtained, the judge shall cause to be served on any
United States person named in the application and on such other
United States persons subject to the search as the judge may determine in his discretion it is in the interests of justice to serve, notice
of—
(A) the fact of the application;
(B) the period of the search; and
(C) the fact that during the period information was or was
not obtained.
(2) On an ex parte showing of good cause to the judge, the
serving of the notice required by this subsection may be postponed
or suspended for a period not to exceed 90 days. Thereafter, on a
further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.
(k)(1) Federal officers who conduct physical searches to acquire
foreign intelligence information under this title may consult with
Federal law enforcement officers or law enforcement personnel of
a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that
State or political subdivision) to coordinate efforts to investigate or
protect against—
(A) actual or potential attack or other grave hostile acts of
a foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power
or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a foreign power.
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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 308
(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 303(a)(7) or the entry of
an order under section 304.
CONGRESSIONAL OVERSIGHT
SEC. 306. ø50 U.S.C. 1826¿ On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all physical
searches conducted pursuant to this title. On a semiannual basis
the Attorney General shall also provide to those committees and
the Committees on the Judiciary of the House of Representatives
and the Senate a report setting forth with respect to the preceding
six-month period—
(1) the total number of applications made for orders approving physical searches under this title;
(2) the total number of such orders either granted, modified, or denied; and
(3) the number of physical searches which involved
searches of the residences, offices, or personal property of
United States persons, and the number of occasions, if any,
where the Attorney General provided notice pursuant to section 305(b).
PENALTIES
SEC. 307. ø50 U.S.C. 1827¿ (a) A person is guilty of an offense
if he intentionally—
(1) under color of law for the purpose of obtaining foreign
intelligence information, executes a physical search within the
United States except as authorized by statute; or
(2) discloses or uses information obtained under color of
law by physical search within the United States, knowing or
having reason to know that the information was obtained
through physical search not authorized by statute, for the purpose of obtaining intelligence information.
(b) It is a defense to a prosecution under subsection (a) that
the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search
was authorized by and conducted pursuant to a search warrant or
court order of a court of competent jurisdiction.
(c) An offense described in this section is punishable by a fine
of not more than $10,000 or imprisonment for not more than five
years, or both.
(d) There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee
of the United States at the time the offense was
committed.
CIVIL LIABILITY
SEC. 308. ø50 U.S.C. 1828¿ An aggrieved person, other than a
foreign power or an agent of a foreign power, as defined in section
101 (a) or (b)(1)(A), respectively, of this Act, whose premises, property, information, or material has been subjected to a physical
search within the United States or about whom information obtained by such a physical search has been disclosed or used in vio-
Sec. 309
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
194
lation of section 307 shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(1) actual damages, but not less than liquidated damages
of $1,000 or $100 per day for each day of violation, whichever
is greater;
(2) punitive damages; and
(3) reasonable attorney’s fees and other investigative and
litigation costs reasonably incurred.
AUTHORIZATION DURING TIME OF WAR
SEC. 309. ø50 U.S.C. 1829¿ Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this title to
acquire foreign intelligence information for a period not to exceed
15 calendar days following a declaration of war by the Congress.
TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES
FOR FOREIGN INTELLIGENCE PURPOSES
DEFINITIONS
SEC. 401. ø50 U.S.C. 1841¿ As used in this title:
(1) The terms ‘‘foreign power’’, ‘‘agent of a foreign power’’,
‘‘international terrorism’’, ‘‘foreign intelligence information’’,
‘‘Attorney General’’, ‘‘United States person’’, ‘‘United States’’,
‘‘person’’, and ‘‘State’’ shall have the same meanings as in section 101 of this Act.
(2) The terms ‘‘pen register’’ and ‘‘trap and trace device’’
have the meanings given such terms in section 3127 of title 18,
United States Code.
(3) The term ‘‘aggrieved person’’ means any person—
(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this title; or
(B) whose communication instrument or device was
subject to the use of a pen register or trap and trace device
authorized by this title to capture incoming electronic or
other communications impulses.
PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS
SEC. 402. ø50 U.S.C. 1842¿ (a)(1) Notwithstanding any other
provision of law, the Attorney General or a designated attorney for
the Government may make an application for an order or an extension of an order authorizing or approving the installation and use
of a pen register or trap and trace device for any investigation to
obtain foreign intelligence information not concerning a United
States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a
United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution 1
1 Section 214(a)(1) of Public Law 107–56 amended subsection (a)(1), by striking ‘‘for any investigation to gather foreign intelligence information or information concerning international terrorism’’ and inserting ‘‘for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted
195
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 309
which is being conducted by the Federal Bureau of Investigation
under such guidelines as the Attorney General approves pursuant
to Executive Order No. 12333, or a successor order.
(2) The authority under paragraph (1) is in addition to the authority under title I of this Act to conduct the electronic surveillance referred to in that paragraph.
(b) Each application under this section shall be in writing
under oath or affirmation to—
(1) a judge of the court established by section 103(a) of this
Act; or
(2) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by the
Chief Justice of the United States to have the power to hear
applications for and grant orders approving the installation
and use of a pen register or trap and trace device on behalf of
a judge of that court.
(c) Each application under this section shall require the approval of the Attorney General, or a designated attorney for the
Government, and shall include—
(1) the identity of the Federal officer seeking to use the
pen register or trap and trace device covered by the application; and
(2) a certification by the applicant that the information
likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the
basis of activities protected by the first amendment to the Constitution. 2
(d)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the installation and use of a pen register or trap and
trace device if the judge finds that the application satisfies the requirements of this section.
(2) An order issued under this section—
solely upon the basis of activities protected by the first amendment to the Constitution’’. For
the repeal of this amendment, see sunset provision in a footnote to section 104(a)(7)(B).
2 Paragraphs (2) and (3) of section 214(a) of Public Law 107–56 amended subsection (c)(2) in
its entirety and repeals paragraph (3), respectively. Paragraphs (2) and (3) of this subsection
prior to the enactment of such public law is as follows:
(2) a certification by the applicant that the information likely to be obtained is relevant
to an ongoing foreign intelligence or international terrorism investigation being conducted
by the Federal Bureau of Investigation under guidelines approved by the Attorney General;
and
(3) information which demonstrates that there is reason to believe that the telephone line
to which the pen register or trap and trace device is to be attached, or the communication
instrument or device to be covered by the pen register or trap and trace device, has been
or is about to be used in communication with—
(A) an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal
laws of the United States; or
(B) a foreign power or agent of a foreign power under circumstances giving reason
to believe that the communication concerns or concerned international terrorism or
clandestine intelligence activities that involve or may involve a violation of the criminal
laws of the United States.
For the repeal of these amendments, see sunset provision in a footnote to section 104(a)(7)(B).
Sec. 309
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
196
(A) 1 shall specify—
(i) the identity, if known, of the person who is the
subject of the investigation;
(ii) the identity, if known, of the person to whom
is leased or in whose name is listed the telephone line
or other facility to which the pen register or trap and
trace device is to be attached or applied;
(iii) the attributes of the communications to which
the order applies, such as the number or other identifier, and, if known, the location of the telephone line
or other facility to which the pen register or trap and
trace device is to be attached or applied and, in the
case of a trap and trace device, the geographic limits
of the trap and trace order.
(B) shall direct that—
(i) upon request of the applicant, the provider of a wire
or electronic communication service, landlord, custodian, or
other person shall furnish any information, facilities, or
technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device in such a manner as will protect its secrecy and
produce a minimum amount of interference with the services that such provider, landlord, custodian, or other person is providing the person concerned;
(ii) such provider, landlord, custodian, or other
person—
(I) shall not disclose the existence of the investigation or of the pen register or trap and trace device to
any person unless or until ordered by the court; and
(II) shall maintain, under security procedures approved by the Attorney General and the Director of
Central Intelligence pursuant to section 105(b)(2)(C) of
this Act, any records concerning the pen register or
trap and trace device or the aid furnished; and
(iii) the applicant shall compensate such provider,
landlord, custodian, or other person for reasonable expenses incurred by such provider, landlord, custodian, or
other person in providing such information, facilities, or
technical assistance.
(e) An order issued under this section shall authorize the installation and use of a pen register or trap and trace device for a
period not to exceed 90 days. Extensions of such an order may be
1 Section 214(a)(4) of Public Law 107–56 amended subsection (d)(2)(A) in its entirety. Subparagraph (A) prior to the enactment of such public law is as follows:
(A) shall specify—
(i) the identity, if known, of the person who is the subject of the foreign intelligence
or international terrorism investigation;
(ii) in the case of an application for the installation and use of a pen register or trap
and trace device with respect to a telephone line—
(I) the identity, if known, of the person to whom is leased or in whose name the telephone line is listed; and
(II) the number and, if known, physical location of the telephone line; and
(iii) in the case of an application for the use of a pen register or trap and trace device
with respect to a communication instrument or device not covered by clause (ii)—
(I) the identity, if known, of the person who owns or leases the instrument or
device or in whose name the instrument or device is listed; and
(II) the number of the instrument or device; and
For the repeal of this amendment, see sunset provision in a footnote to section 104(a)(7)(B).
197
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 309
granted, but only upon an application for an order under this section and upon the judicial finding required by subsection (d). The
period of extension shall be for a period not to exceed 90 days.
(f ) No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or
other specified person thereof ) that furnishes any information, facilities, or technical assistance under subsection (d) in accordance
with the terms of an order issued under this section.
(g) Unless otherwise ordered by the judge, the results of a pen
register or trap and trace device shall be furnished at reasonable
intervals during regular business hours for the duration of the
order to the authorized Government official or officials.
AUTHORIZATION DURING EMERGENCIES
SEC. 403. ø50 U.S.C. 1843¿ (a) Notwithstanding any other provision of this title, when the Attorney General makes a determination described in subsection (b), the Attorney General may authorize the installation and use of a pen register or trap and trace device on an emergency basis to gather foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person
is not conducted solely upon the basis of activities protected by the
first amendment to the Constitution 1 if—
(1) a judge referred to in section 402(b) of this Act is informed by the Attorney General or his designee at the time of
such authorization that the decision has been made to install
and use the pen register or trap and trace device, as the case
may be, on an emergency basis; and
(2) an application in accordance with section 402 of this
Act is made to such judge as soon as practicable, but not more
than 48 hours, after the Attorney General authorizes the installation and use of the pen register or trap and trace device,
as the case may be, under this section.
(b) A determination under this subsection is a reasonable determination by the Attorney General that—
(1) an emergency requires the installation and use of a pen
register or trap and trace device to obtain foreign intelligence
information not concerning a United States person or information to protect against international terrorism or clandestine
intelligence activities, provided that such investigation of a
United States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution 1 before an order authorizing the installation and use of
1 Section 214(b) of Public Law 107–56 amended subsection (a), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’ and inserting ‘‘foreign intelligence information not concerning a United States person or information to protect against
international terrorism or clandestine intelligence activities, provided that such investigation of
a United States person is not conducted solely upon the basis of activities protected by the first
amendment to the Constitution’’ and subsection (b)(1), by striking ‘‘foreign intelligence information or information concerning international terrorism’’ and inserting ‘‘foreign intelligence information not concerning a United States person or information to protect against international
terrorism or clandestine intelligence activities, provided that such investigation of a United
States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution’’. For the repeal of these amendments, see sunset provision in a footnote to section 104(a)(7)(B).
Sec. 309
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
198
the pen register or trap and trace device, as the case may be,
can with due diligence be obtained under section 402 of this
Act; and
(2) the factual basis for issuance of an order under such
section 402 to approve the installation and use of the pen register or trap and trace device, as the case may be, exists.
(c)(1) In the absence of an order applied for under subsection
(a)(2) approving the installation and use of a pen register or trap
and trace device authorized under this section, the installation and
use of the pen register or trap and trace device, as the case may
be, shall terminate at the earlier of—
(A) when the information sought is obtained;
(B) when the application for the order is denied under section 402 of this Act; or
(C) 48 hours after the time of the authorization by the Attorney General.
(2) In the event that an application for an order applied for
under subsection (a)(2) is denied, or in any other case where the
installation and use of a pen register or trap and trace device
under this section is terminated and no order under section 402 of
this Act is issued approving the installation and use of the pen register or trap and trace device, as the case may be, no information
obtained or evidence derived from the use of the pen register or
trap and trace device, as the case may be, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the
United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the
use of the pen register or trap and trace device, as the case may
be, shall subsequently be used or disclosed in any other manner by
Federal officers or employees without the consent of such person,
except with the approval of the Attorney General if the information
indicates a threat of death or serious bodily harm to any person.
AUTHORIZATION DURING TIME OF WAR
SEC. 404. ø50 U.S.C. 1844¿ Notwithstanding any other provision of law, the President, through the Attorney General, may authorize the use of a pen register or trap and trace device without
a court order under this title to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by Congress.
USE OF INFORMATION
SEC. 405. ø50 U.S.C. 1845¿ (a)(1) Information acquired from
the use of a pen register or trap and trace device installed pursuant to this title concerning any United States person may be used
and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section.
(2) No information acquired from a pen register or trap and
trace device installed and used pursuant to this title may be used
or disclosed by Federal officers or employees except for lawful purposes.
199
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 309
(b) No information acquired pursuant to this title shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding
with the advance authorization of the Attorney General.
(c) Whenever the United States intends to enter into evidence
or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from the use of
a pen register or trap and trace device pursuant to this title, the
United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or
so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to
so disclose or so use such information.
(d) Whenever any State or political subdivision thereof intends
to enter into evidence or otherwise use or disclose in any trial,
hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from the use of a pen register or trap and
trace device pursuant to this title, the State or political subdivision
thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
(e)(1) Any aggrieved person against whom evidence obtained or
derived from the use of a pen register or trap and trace device is
to be, or has been, introduced or otherwise used or disclosed in any
trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the
United States, or a State or political subdivision thereof, may move
to suppress the evidence obtained or derived from the use of the
pen register or trap and trace device, as the case may be, on the
grounds that—
(A) the information was unlawfully acquired; or
(B) the use of the pen register or trap and trace device, as
the case may be, was not made in conformity with an order of
authorization or approval under this title.
(2) A motion under paragraph (1) shall be made before the
trial, hearing, or other proceeding unless there was no opportunity
to make such a motion or the aggrieved person concerned was not
aware of the grounds of the motion.
(f )(1) Whenever a court or other authority is notified pursuant
to subsection (c) or (d), whenever a motion is made pursuant to
subsection (e), or whenever any motion or request is made by an
aggrieved person pursuant to any other statute or rule of the
United States or any State before any court or other authority of
the United States or any State to discover or obtain applications
or orders or other materials relating to the use of a pen register
or trap and trace device authorized by this title or to discover, obtain, or suppress evidence or information obtained or derived from
the use of a pen register or trap and trace device authorized by this
Sec. 309
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
200
title, the United States district court or, where the motion is made
before another authority, the United States district court in the
same district as the authority shall, notwithstanding any other provision of law and if the Attorney General files an affidavit under
oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte
the application, order, and such other materials relating to the use
of the pen register or trap and trace device, as the case may be,
as may be necessary to determine whether the use of the pen register or trap and trace device, as the case may be, was lawfully authorized and conducted.
(2) In making a determination under paragraph (1), the court
may disclose to the aggrieved person, under appropriate security
procedures and protective orders, portions of the application, order,
or other materials relating to the use of the pen register or trap
and trace device, as the case may be, or may require the Attorney
General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the use of the pen register or
trap and trace device, as the case may be.
(g)(1) If the United States district court determines pursuant
to subsection (f ) that the use of a pen register or trap and trace
device was not lawfully authorized or conducted, the court may, in
accordance with the requirements of law, suppress the evidence
which was unlawfully obtained or derived from the use of the pen
register or trap and trace device, as the case may be, or otherwise
grant the motion of the aggrieved person.
(2) If the court determines that the use of the pen register or
trap and trace device, as the case may be, was lawfully authorized
or conducted, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
(h) Orders granting motions or requests under subsection (g),
decisions under this section that the use of a pen register or trap
and trace device was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to
the installation and use of a pen register or trap and trace device
shall be final orders and binding upon all courts of the United
States and the several States except a United States Court of Appeals or the Supreme Court.
CONGRESSIONAL OVERSIGHT
SEC. 406. ø50 U.S.C. 1846¿ (a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all uses of pen
registers and trap and trace devices pursuant to this title.
(b) On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the
Senate a report setting forth with respect to the preceding 6-month
period—
(1) the total number of applications made for orders approving the use of pen registers or trap and trace devices
under this title; and
201
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 501
(2) the total number of such orders either granted, modified, or denied.
TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR
FOREIGN INTELLIGENCE PURPOSES 1
SEC. 501. ø50 U.S.C. 1861¿ ACCESS TO CERTAIN BUSINESS RECORDS
FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
(a)(1) The Director of the Federal Bureau of Investigation or a
designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order
requiring the production of any tangible things (including books,
records, papers, documents, and other items) for an investigation to
obtain foreign intelligence information not concerning a United
States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a
United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
(2) An investigation conducted under this section shall—
(A) be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor
order); and
(B) not be conducted of a United States person solely upon
the basis of activities protected by the first amendment to the
Constitution of the United States.
(b) Each application under this section—
(1) shall be made to—
(A) a judge of the court established by section 103(a);
or
(B) a United States Magistrate Judge under chapter
43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have
the power to hear applications and grant orders for the
production of tangible things under this section on behalf
of a judge of that court; and
(2) shall specify that the records concerned are sought for
an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.
(c)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the release of records if the judge finds that the application meets the requirements of this section.
(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in subsection (a).
(d) No person shall disclose to any other person (other than
those persons necessary to produce the tangible things under this
1 Section 215 of Public Law 107–56 repealed sections 501 through 503 and inserted new sections 501 and 502. For the repeal of this amendment, see sunset provision in a footnote to section 104(a)(7)(B). Sections 501(a)(1) and 502, as added by section 215 of Public Law 107–56,
were amended by paragraphs (6) and (7) of section 314(a) of Public Law 107–108 (115 Stat.
1402). Sections 501 through 503 prior to the enactment of Public Law 107–56 are shown in 8
point typesize following section 502, as added.
Sec. 502
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
202
section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.
(e) A person who, in good faith, produces tangible things under
an order pursuant to this section shall not be liable to any other
person for such production. Such production shall not be deemed to
constitute a waiver of any privilege in any other proceeding or context.
SEC. 502. ø50 U.S.C. 1862¿ CONGRESSIONAL OVERSIGHT.
(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate concerning all requests for the production of tangible things
under section 501.
(b) On a semiannual basis, the Attorney General shall provide
to the Committees on the Judiciary of the House of Representatives
and the Senate a report setting forth with respect to the preceding
6-month period—
(1) the total number of applications made for orders approving requests for the production of tangible things under
section 501; and
(2) the total number of such orders either granted, modified, or denied.
Note: See footnote to the heading of title V. Sections 501
through 503 prior to the enactment of Public Law 107–56 are as
follows:
DEFINITIONS
SEC. 501. ø50 U.S.C. 1861¿ As used in this title:
(1) The terms ‘‘foreign power’’, ‘‘agent of a foreign power’’, ‘‘foreign intelligence information’’, ‘‘international terrorism’’, and ‘‘Attorney General’’ shall
have the same meanings as in section 101 of this Act.
(2) The term ‘‘common carrier’’ means any person or entity transporting
people or property by land, rail, water, or air for compensation.
(3) The term ‘‘physical storage facility’’ means any business or entity that
provides space for the storage of goods or materials, or services related to the
storage of goods or materials, to the public or any segment thereof.
(4) The term ‘‘public accommodation facility’’ means any inn, hotel, motel,
or other establishment that provides lodging to transient guests.
(5) The term ‘‘vehicle rental facility’’ means any person or entity that provides vehicles for rent, lease, loan, or other similar use to the public or any segment thereof.
ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND
INTERNATIONAL TERRORISM INVESTIGATIONS
SEC. 502. ø50 U.S.C. 1862¿ (a) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order authorizing a common
carrier, public accommodation facility, physical storage facility, or vehicle rental facility to release records in its possession for an investigation to gather foreign intelligence information or an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation under such
guidelines as the Attorney General approves pursuant to Executive Order No.
12333, or a successor order.
(b) Each application under this section—
(1) shall be made to—
(A) a judge of the court established by section 103(a) of this Act; or
(B) a United States Magistrate Judge under chapter 43 of title 28,
United States Code, who is publicly designated by the Chief Justice of the
United States to have the power to hear applications and grant orders for
203
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
Sec. 601
the release of records under this section on behalf of a judge of that court;
and
(2) shall specify that—
(A) the records concerned are sought for an investigation described in
subsection (a); and
(B) there are specific and articulable facts giving reason to believe that
the person to whom the records pertain is a foreign power or an agent of
a foreign power.
(c)(1) Upon application made pursuant to this section, the judge shall enter an
ex parte order as requested, or as modified, approving the release of records if the
judge finds that the application satisfies the requirements of this section.
(2) An order under this subsection shall not disclose that it is issued for purposes
of
an
investigation
described
in
subsection (a).
(d)(1) Any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility shall comply with an order under subsection (c).
(2) No common carrier, public accommodation facility, physical storage facility,
or vehicle rental facility, or officer, employee, or agent thereof, shall disclose to any
person (other than those officers, agents, or employees of such common carrier, public accommodation facility, physical storage facility, or vehicle rental facility necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section) that the Federal Bureau of Investigation has sought
or obtained records pursuant to an order under this section.
CONGRESSIONAL OVERSIGHT
SEC. 503. ø50 U.S.C. 1863¿ (a) On a semiannual basis, the Attorney General
shall fully inform the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate concerning
all requests for records under this title.
(b) On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period—
(1) the total number of applications made for orders approving requests for
records under this title; and
(2)
the
total
number
of
such
orders
either
granted,
modified, or denied.
TITLE VI—EFFECTIVE DATE
EFFECTIVE DATE
SEC. 601. ø50 U.S.C. 1801 nt¿ The provisions of this Act (other
than titles III, IV, and V) and the amendments made hereby shall
become effective upon the date of enactment of this Act, except that
any electronic surveillance approved by the Attorney General to
gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is terminated or an order approving that surveillance is obtained under title I of this Act within ninety days following the
designation of the first judge pursuant to section 103 of this Act.
[NOTE: For related provisions to FISA, see infra page 1017.]
CLASSIFIED INFORMATION PROCEDURES ACT
(Public Law 96–456; 94 Stat. 2025; approved October 15, 1980)
AN ACT To provide certian pretrial, trial, and appellate procedures for criminal
cases involving classified information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DEFINITIONS
SECTION 1. (a) ‘‘Classified information’’, as used in this Act,
means any information or material that has been determined by
the United States Government pursuant to an Executive order,
statute, or regulation, to require protection against unauthorized
disclosure for reasons of national security and any restricted data,
as defined in paragraph r. of section 11 of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y)).
(b) ‘‘National security’’, as used in this Act, means the national
defense and foreign relations of the United States.
PRETRIAL CONFERENCE
SEC. 2. At any time after the filing of the indictment or information, any party may move for a pretrial conference to consider
matters relating to classified information that may arise in connection with the prosecution. Following such motion, or on its own motion, the court shall promptly hold a pretrial conference to establish
the timing of requests for discovery, the provision of notice required
by section 5 of this Act, and the initiation of the procedure established by section 6 of this Act. In addition, at the pretrial conference the court may consider any matters which relate to classified information or which may promote a fair and expeditions trial.
No admission made by the defendant or by any attorney for the defendant at such a conference may be used against the defendant
unless the admission is in writing and is signed by the defendant
and by the attorney for the defendant.
PROTECTIVE ORDERS
SEC. 3. Upon motion of the United States, the court shall issue
an order to protect against the disclosure of any classified information disclosed by the United States to any defendant in any criminal case in a district court of the United States.
DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS
SEC. 4. The court, upon a sufficient showing, may authorize the
United States to delete specified items of classified information
from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure, to sub205
Sec. 5
CLASSIFIED INFORMATION PROCEDURES ACT
206
stitute a summary of the information for such classified documents,
or to substitute a statement admitting relevant facts that the classified information would tend to prove. The court may permit the
United States to make a request for such authorization in the form
of a written statement to be inspected by the court alone. If the
court enters an order granting relief following such an ex parte
showing, the entire text of the statement of the United States shall
be sealed and preserved in the records of the court to be made
available to the appellate court in the event of an appeal.
NOTICE OF DEFENDANT’S INTENTION TO DISCLOSE CLASSIFIED
INFORMATION
SEC. 5. (a) NOTICE BY DEFENDANT.—If a defendant reasonably
expects to disclose or to cause the disclosure of classified information in any manner in connection with any trial or pretrial proceeding involving the criminal prosecution of such defendant, the
defendant shall, within the time specified by the court or, where no
time is specified, within thirty days prior to trial, notify the attorney for the United States and the court in writing. Such notice
shall include a brief description of the classified information.
Whenever a defendant learns of additional classified information
he reasonably expects to disclose at any such proceeding, he shall
notify the attorney for the United States and the court in writing
as soon as possible thereafter and shall include a brief description
of the classified information. No defendant shall disclose any information known or believed to be classified in connection with a trial
or pretrial proceeding until notice has been given under this subsection and until the United States has been afforded a reasonable
opportunity to seek a determination pursuant to the procedure set
forth in section 6 of this Act, and until the time for the United
States to appeal such determination under section 7 has expired or
any appeal under section 7 by the United States is decided.
(b) FAILURE TO COMPLY.—If the defendant fails to comply with
the requirements of subsection (a) the court may preclude disclosure of any classified information not made the subject of notification and may prohibit the examination by the defendant of any witness with respect to any such information.
PROCEDURE FOR CASES INVOLVING CLASSIFIED INFORMATION
SEC. 6. (a) MOTION FOR HEARING.—Within the time specified
by the court for the filing of a motion under this section, the United
States may request the court to conduct a hearing to make all determinations concerning the use, relevance, or admissibility of classified information that would otherwise be made during the trial
or pretrial proceeding. Upon such a request, the court shall conduct
such a hearing. Any hearing held pursuant to this subsection (or
any portion of such hearing specified in the request of the Attorney
General) shall be held in camera if the Attorney General certifies
to the court in such petition that a public proceeding may result
in the disclosure of classified information. As to each item of classified information, the court shall set forth in writing the basis for
its determination. Where the United States’ motion under this subsection is filed prior to the trial or pretrial proceeding, the court
shall rule prior to the commencement of the relevant proceeding.
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CLASSIFIED INFORMATION PROCEDURES ACT
Sec. 6
(b) NOTICE.—(1) Before any hearing is conducted pursuant to
a request by the United States under subsection (a), the United
States shall provide the defendant with notice of the classified information that is at issue. Such notice shall identify the specific
classified information at issue whenever that information previously has been made available to the defendant by the United
States. When, the United States has not previously made the information available to the defendant in connection with the case, the
information may be described by generic category, in such form as
the court may approve, rather than by identification of the specific
information of concern to the United States.
(2) Whenever the United States requests a hearing under subsection (a), the court, upon request of the defendant, may order the
United States to provide the defendant, prior to trial, such details
as to the portion of the indictment or information at issue in the
hearing as are needed to give the defendant fair notice to prepare
for the hearing.
(c) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED
INFORMATION.—(1) Upon any determination by the court authorizing the disclosure of specific classified information under the procedures established by this section, the United States may move
that, in lieu of the disclosure of such specific classified information,
the court order—
(A) the substitution for such classified information of a
statement admitting relevant facts that the specific classified
information would tend to prove; or
(B) the substitution for such classified information of a
summary of the specific classified information.
The court shall grant such a motion of the United States if it finds
that the statement or summary will provide the defendant with
substantially the same ability to make his defense as would disclosure of the specific classified information. The court shall hold a
hearing on any motion under this section. Any such hearing shall
be held in camera at the request of the Attorney General.
(2) The United States may, in connection with a motion under
paragraph (1), submit to the court an affidavit of the Attorney General certifying that disclosure of classified information would cause
identifiable damage to the national security of the United States
and explaining the basis for the classification of such information.
If so requested by the United States, the court shall examine such
affidavit in camera and ex parte.
(d) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the
close of an in camera hearing under this Act (or any portion of a
hearing under this Act that is held in camera) the court determines
that the classified information at issue may not be disclosed or elicited at the trial or pretrial proceeding, the record of such in camera
hearing shall be sealed and preserved by the court for use in the
event of an appeal. The defendant may seek reconsideration of the
court’s determination prior to or during trial.
(e) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION
BY DEFENDANT, RELIEF FOR DEFENDANT WHEN UNITED STATES OPPOSES DISCLOSURE.—(1) Whenever the court denies a motion by the
United States that it issue an order under subsection (c) and the
United States files with the court an affidavit of the Attorney General objecting to disclosure of the classified information at issue,
Sec. 7
CLASSIFIED INFORMATION PROCEDURES ACT
208
the court shall order that the defendant not disclose or cause the
disclosure of such information.
(2) Whenever a defendant is prevented by an order under paragraph (1) from disclosing or causing the disclosure of classified information, the court shall dismiss the indictment or information;
except that, when the court determines that the interests of justice
would not be served by dismissal of the indictment or information,
the court shall order such other action, in lieu of dismissing the indictment or information, as the court determines is appropriate.
Such action may include, but need not be limited to—
(A) dismissing specified counts of the indictment or information;
(B) finding against the United States on any issue as to
which the excluded classified information relates; or
(C) striking or precluding all or part of the testimony of a
witness.
An order under this paragraph shall not take effect until the court
has afforded the United States an opportunity to appeal such order
under section 7, and thereafter to withdraw its objection to the disclosure of the classified information at issue.
(f) RECIPROCITY.—Whenever the court determines pursuant to
subsection (a) that classified information may be disclosed in connection with a trial or pretrial proceeding, the court shall, unless
the interests of fairness do not so require, order the United States
to provide the defendant with the information it expects to use to
rebut the classified information. The court may place the United
States under a continuing duty to disclose such rebuttal information. If the United States fails to comply with its obligation under
this subsection, the court may exclude any evidence not made the
subject of a required disclosure and may prohibit the examination
by the United States of any witness with respect to such
information.
INTERLOCUTORY APPEAL
SEC. 7. (a) An interlocutory appeal by the United States taken
before or after the defendant has been placed in jeopardy shall lie
to a court of appeals from a decision or order of a district court in
a criminal case authorizing the disclosure of classified information,
imposing sanctions for nondisclosure of classified information, or
refusing a protective order sought by the United States to prevent
the disclosure of classified information.
(b) An appeal taken pursuant to this section either before or
during trial shall be expedited by the court of appeals. Prior to
trial, an appeal shall be taken within ten days after the decision
or order appealed from and the trail shall not commence until the
appeal is resolved. If an appeal is taken during trial, the trial court
shall adjourn the trial until the appeal is resolved and the court
of appeals (1) shall hear argument on such appeal within four days
of the adjournment of the trial, (2) may dispense with written
briefs other than the supporting materials previously submitted to
the trial court, (3) shall render its decision within four days of
argument on appeal, and (4) may dispense with the issuance of a
written opinion in rendering its decision. Such appeal and decision
shall not affect the right of the defendant, in a subsequent appeal
209
CLASSIFIED INFORMATION PROCEDURES ACT
Sec. 9
from a judgment of conviction to claim as error reversal by the trial
court on remand of a ruling appealed from during trial.
INTRODUCTION OF CLASSIFIED INFORMATION
SEC. 8. (a) CLASSIFIED STATUS.—Writings, recordings, and photographs containing classified information may be admitted into
evidence without change in their classification status.
(b) PRECAUTIONS BY COURT.—The court, in order to prevent
unnecessary disclosure of classified information involved in any
criminal proceeding, may order admission into evidence of only
part of a writing, recording, or photograph, or may order admission
into evidence of the whole writing, recording, or photograph with
excision of some or all of the classified information contained therein, unless the whole ought in fairness be considered.
(c) TAKING OF TESTIMONY.—During the examination of a witness in any criminal proceeding, the United States may object to
any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible.
Following such an objection, the court shall take such suitable action to determine whether the response is admissible as will safeguard against the compromise of any classified information. Such
action may include requiring the United States to provide the court
with a proffer of the witness’ response to the question or line of inquiry and requiring the defendant to provide the court with a proffer of the nature of the information he seeks to elicit.
SECURITY PROCEDURES
SEC. 9. (a) Within one hundred and twenty days of the date of
the enactment of this Act, the Chief Justice of the United States,
in consultation with the Attorney General, the Director of Central
Intelligence, and the Secretary of Defense, shall prescribe rules establishing procedures for the protection against unauthorized disclosure of any classified information in the custody of the United
States district courts, courts of appeals, or Supreme Court. Such
rules, and any changes in such rules, shall be submitted to the appropriate committees of Congress and shall become effective fortyfive days after such submission.
(b) Until such time as rules under subsection (a) first become
effective, the Federal courts shall in each case involving classified
information adopt procedures to protect against the unauthorized
disclosure of such information.
COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF
CASES INVOLVING CLASSIFIED INFORMATION
SEC. 9A. (a) BRIEFINGS REQUIRED.—The Assistant Attorney
General for the Criminal Division and the appropriate United
States attorney, or the designees of such officials, shall provide
briefings to the senior agency official, or the designee of such official, with respect to any case involving classified information that
originated in the agency of such senior agency official.
(b) TIMING OF BRIEFINGS.—Briefings under subsection (a) with
respect to a case shall occur—
Sec. 10
CLASSIFIED INFORMATION PROCEDURES ACT
210
(1) as soon as practicable after the Department of Justice
and the United States attorney concerned determine that a
prosecution or potential prosecution could result; and
(2) at such other times thereafter as are necessary to keep
the senior agency official concerned fully and currently informed of the status of the prosecution.
(c) SENIOR AGENCY OFFICIAL DEFINED.—In this section, the
term ‘‘senior agency official’’ has the meaning given that term in
section 1.1 of Executive Order No. 12958.
IDENTIFICATION OF INFORMATION RELATED TO THE NATIONAL
DEFENSE
SEC. 10. In any prosecution in which the United States must
establish that material relates to the national defense or constitutes classified information, the United States shall notify the
defendant, within the time before trial specified by the court, of the
portions of the material that it reasonably expects to rely upon to
establish the national defense or classified information element of
the offense.
AMENDMENT TO THE ACT
SEC. 11. Sections 1 through 10 of this Act may be amended as
provided in section 2076, title 28, United States Code.
ATTORNEY GENERAL GUIDELINES
SEC. 12. (a) Within one hundred and eighty days of enactment
of this Act, the Attorney General shall issue guidelines specifying
the factors to be used by the Department of Justice in rendering
a decision whether to prosecute a violation of Federal law in which,
in the judgment of the Attorney General, thee is a possibility that
classified information will be revealed. Such guidelines shall be
transmitted to the appropriate committees of Congress.
(b) When the Department of Justice decides not to prosecute a
violation of Federal law pursuant to subsection (a), an appropriate
official of the Department of Justice shall prepare written findings
detailing the reasons for the decision not to prosecute. The findings
shall include—
(1) the intelligence information which the Department of
Justice officials believe might be disclosed,
(2) the purpose for which the information might be disclosed,
(3) the probability that the information would be disclosed,
and
(4) the possible consequences such disclosure would have
on the national security.
REPORTS TO CONGRESS
SEC. 13. (a) Consistent with applicable authorities and duties,
including those conferred by the Constitution upon the executive
and legislative branches, the Attorney General shall report orally
or in writing semiannually to the Permanent Select Committee on
Intelligence of the United States House of Representatives, the Select Committee on Intelligence of the United States Senate, and the
chairmen and ranking minority members of the Committees on the
211
CLASSIFIED INFORMATION PROCEDURES ACT
Sec. 16
Judiciary of the Senate and House of Representatives on all cases
where a decision not to prosecute a violation of Federal law pursuant to section 12(a) has been made.
(b) In the case of the semiannual reports (whether oral or written) required to be submitted under subsection (a) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the
submittal dates for such reports shall be as provided in section 507
of the National Security Act of 1947.
(c) The Attorney General shall deliver to the appropriate committees of Congress a report concerning the operation and effectiveness of this Act and including suggested amendments to this Act.
For the first three years this Act is in effect, there shall be a report
each year. After three years, such reports shall be delivered as necessary.
FUNCTIONS OF ATTORNEY GENERAL MAY BE EXERCISED BY DEPUTY
ATTORNEY GENERAL OR A DESIGNATED ASSISTANT ATTORNEY
GENERAL
SEC. 14. The functions and duties of the Attorney General
under this Act may be exercised by the Deputy Attorney General
or by an Assistant Attorney General designated by the Attorney
General for such purpose and may not be delegated to any other
official.
EFFECTIVE DATE
SEC. 15. The provisions of this Act shall become effective upon
the date of the enactment of this Act, but shall not apply to any
prosecution in which an indictment or information was filed before
such date.
SHORT TITLE
SEC. 16. That this Act may be cited as the ‘‘Classified Information Procedures Act’’.
INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982
[NOTE: For text of Act, see title VI of the National Security Act
of 1947, ante page 51.]
212
CENTRAL INTELLIGENCE AGENCY INFORMATION ACT
(Public Law 98–477; 98 Stat. 2209; approved October 15, 1984)
AN ACT To amend the National Security Act of 1947 to regulate public disclosure
of information held by the Central Intelligence Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the ‘‘Central Intelligence Agency Information Act’’.
SEC. 2. [Subsections (a) and (b) added title VII to the National
Security Act of 1947.]
(c) Subsection (q) of section 552a of title 5, United States Code,
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(q)’’; and
(2) by adding at the end thereof the following:
‘‘(2) No agency shall rely on any exemption in this section to
withhold from an individual any record which is otherwise accessible to such individual under the provisions of section 552 of this
title.’’.
SEC. 3. ø50 U.S.C. 432 nt¿ (a) The Director of Central Intelligence, in consultation with the Archivist of the United States, the
Librarian of Congress, and appropriate representatives of the historical discipline selected by the Archivist, shall prepare and submit by June 1, 1985, a report on the feasibility of conducting systematic review for declassification and release of Central Intelligence Agency information of historical value.
(b)(1) The Director shall, once each six months, prepare and
submit an unclassified report which includes—
(A) a description of the specific measures established by
the Director to improve the processing of requests under section 552 of title 5, United States Code;
(B) the current budgetary and personnel allocations for
such processing;
(C) the number of such requests (i) received and processed
during the preceding six months, and (ii) pending at the time
of submission of such report; and
(D) an estimate of the current average response time for
completing the processing of such requests.
(2) The first report required by paragraph (1) shall be submitted by a date which is six months after the date of enactment
of this Act. The requirements of such paragraph shall cease to
apply after the submission of the fourth such report.
(c) Each of the reports required by subsections (a) and (b) shall
be submitted to the Permanent Select Committee on Intelligence
and the Committee on Government Operations 1 of the House of
1 The Committee on Government Operations was renamed to the Committee on Government
Reform and Oversight by H. Res. 6 in the 104th Congress, and renamed the Committee on Government Reform by H. Res. 5 in the 106th Congress.
213
Sec. 4
CIA INFORMATION ACT
214
Representatives and the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate.
SEC. 4. ø50 U.S.C. 431 nt¿ The amendments made by subsections (a) and (b) of section 2 shall be effective upon enactment
of this Act and shall apply with respect to any requests for records,
whether or not such request was made prior to such enactment,
and shall apply to all civil actions not commenced prior to February
7, 1984.
SECTION 137 OF TITLE 10, UNITED STATES CODE
§ 137. Under Secretary of Defense for Intelligence
(a) There is an Under Secretary of Defense for Intelligence, appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence
shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.
(c) The Under Secretary of Defense for Intelligence takes precedence in the Department of Defense after the Under Secretary of
Defense for Personnel and Readiness.
215
CHAPTER 21 OF TITLE 10, U.S.C.
CHAPTER 21—DEPARTMENT OF DEFENSE
INTELLIGENCE MATTERS
Subchapter
I. General Matters .........................................................................................
II. Intelligence Commercial Activities ...........................................................
Sec.
421
431
SUBCHAPTER I—GENERAL MATTERS
*
*
*
*
*
*
*
SUBCHAPTER II—INTELLIGENCE COMMERCIAL ACTIVITIES
Sec.
431.
432.
433.
434.
435.
436.
437.
Authority to engage in commercial activities as security for intelligence
collection activities.
Use, disposition, and auditing of funds.
Relationship with other Federal laws.
Reservation of defenses and immunities.
Limitations.
Regulations.
Congressional oversight.
§ 431. Authority to engage in commercial activities as security for intelligence collection activities
(a) AUTHORITY.—The Secretary of Defense, subject to the provisions of this subchapter, may authorize the conduct of those commercial activities necessary to provide security for authorized intelligence collection activities abroad undertaken by the Department
of Defense. No commercial activity may be initiated pursuant to
this subchapter after December 31, 2004.
(b) INTERAGENCY COORDINATION AND SUPPORT.—Any such activity shall—
(1) be coordinated with, and (where appropriate) be supported by, the Director of Central Intelligence; and
(2) to the extent the activity takes place within the United
States, be coordinated with, and (where appropriate) be supported by, the Director of the Federal Bureau of Investigation.
(c) DEFINITIONS.—In this subchapter:
(1) The term ‘‘commercial activities’’ means activities that
are conducted in a manner consistent with prevailing commercial practices and includes—
(A) the acquisition, use, sale, storage and disposal of
goods and services;
(B) entering into employment contracts and leases and
other agreements for real and personal property;
(C) depositing funds into and withdrawing funds from
domestic and foreign commercial business or financial institutions;
217
§ 432
CHAPTER 21 OF TITLE 10, U.S.C.
218
(D) acquiring licenses, registrations, permits, and insurance; and
(E) establishing corporations, partnerships, and other
legal entities.
(2) The term ‘‘intelligence collection activities’’ means the
collection of foreign intelligence and counterintelligence information.
§ 432. Use, disposition, and auditing of funds
(a) USE OF FUNDS.—Funds generated by a commercial activity
authorized pursuant to this subchapter may be used to offset necessary and reasonable expenses arising from that activity. Use of
such funds for that purpose shall be kept to the minimum necessary to conduct the activity concerned in a secure manner. Any
funds generated by the activity in excess of those required for that
purpose shall be deposited, as often as may be practicable, into the
Treasury as miscellaneous receipts.
(b) AUDITS.—(1) The Secretary of Defense shall assign an organization within the Department of Defense to have auditing responsibility with respect to activities authorized under this subchapter.
(2) That organization shall audit the use and disposition of
funds generated by any commercial activity authorized under this
subchapter not less often than annually. The results of all such audits shall be promptly reported to the intelligence committees (as
defined in section 437(d) of this title).
§ 433. Relationship with other Federal laws
(a) IN GENERAL.—Except as provided by subsection (b), a commercial activity conducted pursuant to this subchapter shall be carried out in accordance with applicable Federal law.
(b) AUTHORIZATION OF WAIVERS WHEN NECESSARY TO MAINTAIN SECURITY.—(1) If the Secretary of Defense determines, in connection with a commercial activity authorized pursuant to section
431 of this title, that compliance with certain Federal laws or regulations pertaining to the management and administration of Federal agencies would create an unacceptable risk of compromise of
an authorized intelligence activity, the Secretary may, to the extent
necessary to prevent such compromise, waive compliance with such
laws or regulations.
(2) Any determination and waiver by the Secretary under paragraph (1) shall be made in writing and shall include a specification
of the laws and regulations for which compliance by the commercial
activity concerned is not required consistent with this section.
(3) The authority of the Secretary under paragraph (1) may be
delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, an Assistant Secretary of Defense, or a Secretary
of a military department.
(c) FEDERAL LAWS AND REGULATIONS.—For purposes of this
section, Federal laws and regulations pertaining to the management and administration of Federal agencies are only those Federal laws and regulations pertaining to the following:
(1) The receipt and use of appropriated and nonappropriated funds.
(2) The acquisition or management of property or services.
219
CHAPTER 21 OF TITLE 10, U.S.C.
§ 436
(3) Information disclosure, retention, and management.
(4) The employment of personnel.
(5) Payments for travel and housing.
(6) The establishment of legal entities or government instrumentalities.
(7) Foreign trade or financial transaction restrictions that
would reveal the commercial activity as an activity of the
United States Government.
§ 434. Reservation of defenses and immunities
The submission to judicial proceedings in a State or other legal
jurisdiction, in connection with a commercial activity undertaken
pursuant to this subchapter, shall not constitute a waiver of the defenses and immunities of the United States.
§ 435. Limitations
(a) LAWFUL ACTIVITIES.—Nothing in this subchapter authorizes
the conduct of any intelligence activity that is not otherwise authorized by law or Executive order.
(b) DOMESTIC ACTIVITIES.—Personnel conducting commercial
activity authorized by this subchapter may only engage in those activities in the United States to the extent necessary to support intelligence activities abroad.
(c) PROVIDING GOODS AND SERVICES TO THE DEPARTMENT OF
DEFENSE.—Commercial activity may not be undertaken within the
United States for the purpose of providing goods and services to
the Department of Defense, other than as may be necessary to provide security for the activities subject to this subchapter.
(d) NOTICE TO UNITED STATES PERSONS.—(1) In carrying out a
commercial activity authorized under this subchapter, the Secretary of Defense may not permit an entity engaged in such activity to employ a United States person in an operational, managerial,
or supervisory position, and may not assign or detail a United
States person to perform operational, managerial, or supervisory
duties for such an entity, unless that person is informed in advance
of the intelligence security purpose of that activity.
(2) In this subsection, the term ‘‘United States person’’ means
an individual who is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence.
§ 436. Regulations
The Secretary of Defense shall prescribe regulations to implement the authority provided in this subchapter. Such regulations
shall be consistent with this subchapter and shall at a minimum—
(1) specify all elements of the Department of Defense who
are authorized to engage in commercial activities pursuant to
this subchapter;
(2) require the personal approval of the Secretary or Deputy Secretary of Defense for all sensitive activities to be authorized pursuant to this subchapter;
(3) specify all officials who are authorized to grant waivers
of laws or regulations pursuant to section 433(b) of this title,
or to approve the establishment or conduct of commercial activities pursuant to this subchapter;
§ 437
CHAPTER 21 OF TITLE 10, U.S.C.
220
(4) designate a single office within the Defense Intelligence
Agency to be responsible for the management and supervision
of all activities authorized under this subchapter;
(5) require that each commercial activity proposed to be
authorized under this subchapter be subject to appropriate
legal review before the activity is authorized; and
(6) provide for appropriate internal audit controls and
oversight for such activities.
§ 437. Congressional oversight
(a) PROPOSED REGULATIONS.—Copies of regulations proposed to
be prescribed under section 436 of this title (including any proposed revision to such regulations) shall be submitted to the intelligence committees not less than 30 days before they take effect.
(b) CURRENT INFORMATION.—Consistent with title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), the Secretary
of Defense shall ensure that the intelligence committees are kept
fully and currently informed of actions taken pursuant to this subchapter, including any significant anticipated activity to be authorized pursuant to this subchapter. The Secretary shall promptly notify the appropriate committees of Congress whenever a corporation, partnership, or other legal entity is established pursuant to
this subchapter.
(c) ANNUAL REPORT.—Not later each year than the date provided in section 507 of the National Security Act of 1947, the Secretary shall submit to the congressional intelligence committees (as
defined in section 3 of that Act (50 U.S.C. 401a)) a report on all
commercial activities authorized under this subchapter that were
undertaken during the previous fiscal year. Such report shall include (with respect to the fiscal year covered by the report)—
(1) a description of any exercise of the authority provided
by section 433(b) of this title;
(2) a description of any expenditure of funds made pursuant to this subchapter (whether from appropriated or non-appropriated funds); and
(3) a description of any actions taken with respect to audits conducted pursuant to section 432 of this title to implement recommendations or correct deficiencies identified in such
audits.
CHAPTER 22 OF TITLE 10, U.S.C.
CHAPTER 22—NATIONAL IMAGERY AND MAPPING
AGENCY
Subchapter
I. Missions and Authority .............................................................................
II. Maps, Charts, and Geodetic Products ......................................................
III. Personnel Management .............................................................................
IV. Definitions ...................................................................................................
Sec.
441
451
461
467
SUBCHAPTER I—MISSIONS AND AUTHORITY
Sec.
441.
442.
443.
444.
[445.
Establishment.
Missions.
Imagery intelligence and geospatial information: support for foreign countries.
Support from Central Intelligence Agency.
Repealed.]
§ 441. Establishment
(a) ESTABLISHMENT.—The National Imagery and Mapping
Agency is a combat support agency of the Department of Defense
and has significant national missions.
(b) DIRECTOR.—(1) The Director of the National Imagery and
Mapping Agency is the head of the agency.
(2) Upon a vacancy in the position of Director, the Secretary
of Defense shall recommend to the President an individual for appointment to the position.
(3) If an officer of the armed forces on active duty is appointed
to the position of Director, the position shall be treated as having
been designated by the President as a position of importance and
responsibility for purposes of section 601 of this title and shall
carry the grade of lieutenant general, or, in the case of an officer
of the Navy, vice admiral.
(c) DIRECTOR OF CENTRAL INTELLIGENCE COLLECTION TASKING
AUTHORITY.—Unless otherwise directed by the President, the Director of Central Intelligence shall have authority (except as otherwise agreed by the Director and the Secretary of Defense) to—
(1) approve collection requirements levied on national imagery collection assets;
(2) determine priorities for such requirements; and
(3) resolve conflicts in such priorities.
(d) AVAILABILITY AND CONTINUED IMPROVEMENT OF IMAGERY
INTELLIGENCE SUPPORT TO ALL-SOURCE ANALYSIS AND PRODUCTION
FUNCTION.—The Secretary of Defense, in consultation with the
Director of Central Intelligence, shall take all necessary steps to
ensure the full availability and continued improvement of imagery
intelligence support for all-source analysis and production.
221
§ 442
CHAPTER 22 OF TITLE 10, U.S.C.
222
§ 442. Missions
(a) NATIONAL SECURITY MISSIONS.—(1) The National Imagery
and Mapping Agency shall, in support of the national security
objectives of the United States, provide the following:
(A) Imagery.
(B) Imagery intelligence.
(C) Geospatial information.
(2) Imagery, intelligence, and information provided in carrying
out paragraph (1) shall be timely, relevant, and accurate.
(b) NAVIGATION INFORMATION.—The National Imagery and
Mapping Agency shall improve means of navigating vessels of the
Navy and the merchant marine by providing, under the authority
of the Secretary of Defense, accurate and inexpensive nautical
charts, sailing directions, books on navigation, and manuals of instructions for the use of all vessels of the United States and of
navigators generally.
(c) MAPS, CHARTS, ETC.—The National Imagery and Mapping
Agency shall prepare and distribute maps, charts, books, and geodetic products as authorized under subchapter II of this chapter.
(d) NATIONAL MISSIONS.—The National Imagery and Mapping
Agency also has national missions as specified in section 120(a) of
the National Security Act of 1947.
(e) SYSTEMS.—The National Imagery and Mapping Agency
may, in furtherance of a mission of the Agency, design, develop, deploy, operate, and maintain systems related to the processing and
dissemination of imagery intelligence and geospatial information
that may be transferred to, accepted or used by, or used on behalf
of—
(1) the armed forces, including any combatant command,
component of a combatant command, joint task force, or
tactical unit; or
(2) any other department or agency of the United States.
§ 443. Imagery intelligence and geospatial information: support for foreign countries
(a) USE OF APPROPRIATED FUNDS.—The Director of the National Imagery and Mapping Agency may use appropriated funds
available to the National Imagery and Mapping Agency to provide
foreign countries with imagery intelligence and geospatial information support.
(b) USE OF FUNDS OTHER THAN APPROPRIATED FUNDS.—The
Director may use funds other than appropriated funds to provide
foreign countries with imagery intelligence and geospatial information support, notwithstanding provisions of law relating to the expenditure of funds of the United States, except that—
(1) no such funds may be expended, in whole or in part,
by or for the benefit of the National Imagery and Mapping
Agency for a purpose for which Congress had previously denied
funds;
(2) proceeds from the sale of imagery intelligence or
geospatial information items may be used only to purchase replacement items similar to the items that are sold; and
223
CHAPTER 22 OF TITLE 10, U.S.C.
§ 444
(3) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit of the
United States.
(c) ACCOMMODATION PROCUREMENTS.—The authority under
this section may be exercised to conduct accommodation procurements on behalf of foreign countries.
(d) COORDINATION WITH DIRECTOR OF CENTRAL INTELLIGENCE.—The Director of the Agency shall coordinate with the Director of Central Intelligence any action under this section that involves imagery intelligence or intelligence products or involves providing support to an intelligence or security service of a foreign
country.
§ 444. Support from Central Intelligence Agency
(a) SUPPORT AUTHORIZED.—The Director of Central Intelligence
may provide support in accordance with this section to the Director
of the National Imagery and Mapping Agency. The Director of the
National Imagery and Mapping Agency may accept support provided under this section.
(b) ADMINISTRATIVE AND CONTRACT SERVICES.—(1) In furtherance of the national intelligence effort, the Director of Central Intelligence may provide administrative and contract services to the
National Imagery and Mapping Agency as if that agency were an
organizational element of the Central Intelligence Agency.
(2) Services provided under paragraph (1) may include the
services of security police. For purposes of section 15 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of
the National Imagery and Mapping Agency that is provided security police services under this section shall be considered an installation of the Central Intelligence Agency.
(3) Support provided under this subsection shall be provided
under terms and conditions agreed upon by the Secretary of
Defense and the Director of Central Intelligence.
(c) DETAIL OF PERSONNEL.—The Director of Central Intelligence may detail personnel of the Central Intelligence Agency indefinitely to the National Imagery and Mapping Agency without regard to any limitation on the duration of interagency details of
Federal Government personnel.
(d) REIMBURSABLE OR NONREIMBURSABLE SUPPORT.—Support
under this section may be provided and accepted on either a reimbursable basis or a nonreimbursable basis.
(e) AUTHORITY TO TRANSFER FUNDS.—(1) The Director of the
National Imagery and Mapping Agency may transfer funds available for that agency to the Director of Central Intelligence for the
Central Intelligence Agency.
(2) The Director of Central Intelligence—
(A) may accept funds transferred under paragraph
(1); and
(B) shall expend such funds, in accordance with the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.),
to provide administrative and contract services or detail personnel to the National Imagery and Mapping Agency under
this section.
§ 451
CHAPTER 22 OF TITLE 10, U.S.C.
224
[§ 445. Repealed. P.L. 105–107, § 503(c), Nov. 20, 1997, 111
Stat. 2262]
SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC
PRODUCTS 1
Sec.
451.
452.
453.
454.
455.
456.
457.
Maps, charts, and books.
Pilot charts.
Sale of maps, charts, and navigational publications: prices; use of proceeds.
Exchange of mapping, charting, and geodetic data with foreign countries
and international organizations.
Maps, charts, and geodetic data: public availability; exceptions.
Civil actions barred.
Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from
public disclosure.
§ 451. Maps, charts, and books
The Secretary of Defense may—
(1) have the National Imagery and Mapping Agency prepare maps, charts, and nautical books required in navigation
and have those materials published and furnished to navigators; and
(2) buy the plates and copyrights of existing maps, charts,
books on navigation, and sailing directions and instructions.
§ 452. Pilot charts
(a) There shall be conspicuously printed on pilot charts prepared in the National Imagery and Mapping Agency the following:
‘‘Prepared from data furnished by the National Imagery and Mapping Agency of the Department of Defense and by the Department
of Commerce, and published at the National Imagery and Mapping
Agency under the authority of the Secretary of Defense’’.
(b) The Secretary of Commerce shall furnish to the National
Imagery and Mapping Agency, as quickly as possible, all meteorological information received by the Secretary that is necessary for,
and of the character used in, preparing pilot charts.
§ 453. Sale of maps, charts, and navigational publications:
prices; use of proceeds
(a) PRICES.—All maps, charts, and other publications offered
for sale by the National Imagery and Mapping Agency shall be sold
at prices and under regulations that may be prescribed by the Secretary of Defense.
(b) USE OF PROCEEDS TO PAY FOREIGN LICENSING FEES.—(1)
The Secretary of Defense may pay any NIMA foreign data acquisition fee out of the proceeds of the sale of maps, charts, and other
publications of the Agency, and those proceeds are hereby made
available for that purpose.
1 Section 8101 of the Department of Defense Appropriations Act, 1999 (P.L. 105–262; 112 Stat.
2320) provides:
SEC. 8101. None of the funds in this Act may be used by the National Imagery and Mapping
Agency for mapping, charting, and geodesy activities unless contracts for such services are
awarded in accordance with the qualifications based selection process in 40 U.S.C. 541 et seq.
and 10 U.S.C. 2855: Provided, That such agency may continue to fund existing contracts for
such services for not more than 180 days from the date of the enactment of this Act: Provided
further, That an exception shall be provided for such services that are critical to national security after a written notification has been submitted by the Deputy Secretary of Defense to the
Committees on Appropriations of the House of Representatives and the Senate.
225
CHAPTER 22 OF TITLE 10, U.S.C.
§ 455
(2) In this subsection, the term ‘‘NIMA foreign data acquisition
fee’’ means any licensing or other fee imposed by a foreign country
or international organization for the acquisition or use of data or
products by the National Imagery and Mapping Agency.
§ 454. Exchange of mapping, charting, and geodetic data
with foreign countries and international organizations
The Secretary of Defense may authorize the National Imagery
and Mapping Agency to exchange or furnish mapping, charting,
and geodetic data, supplies and services to a foreign country or
international organization pursuant to an agreement for the production or exchange of such data.
§ 455. Maps, charts, and geodetic data: public availability;
exceptions
(a) The National Imagery and Mapping Agency shall offer for
sale maps and charts at scales of 1:500,000 and smaller, except
those withheld in accordance with subsection (b) or those specifically authorized under criteria established by Executive order to be
kept secret in the interest of national defense or foreign policy and
in fact properly classified pursuant to such Executive order.
(b)(1) Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any geodetic
product in the possession of, or under the control of, the Department of Defense—
(A) that was obtained or produced, or that contains information that was provided, pursuant to an international agreement that restricts disclosure of such product or information to
government officials of the agreeing parties or that restricts
use of such product or information to government purposes
only;
(B) that contains information that the Secretary of Defense
has determined in writing would, if disclosed, reveal sources
and methods, or capabilities, used to obtain source material for
production of the geodetic product; or
(C) that contains information that the Director of the National Imagery and Mapping Agency has determined in writing
would, if disclosed, jeopardize or interfere with ongoing military or intelligence operations, reveal military operational or
contingency plans, or reveal, jeopardize, or compromise military or intelligence capabilities.
(2) In this subsection, the term ‘‘geodetic product’’ means imagery, imagery intelligence, or geospatial information.
(c)(1) Regulations to implement this section (including any
amendments to such regulations) shall be published in the Federal
Register for public comment for a period of not less than 30 days
before they take effect.
(2) Regulations under this section shall address the conditions
under which release of geodetic products authorized under subsection (b) to be withheld from public disclosure would be
appropriate—
(A) in the case of allies of the United States; and
(B) in the case of qualified United States contractors (including contractors that are small business concerns) who need
§ 456
CHAPTER 22 OF TITLE 10, U.S.C.
226
such products for use in the performance of contracts with the
United States.
§ 456. Civil actions barred
(a) CLAIMS BARRED.—No civil action may be brought against
the United States on the basis of the content of a navigational aid
prepared or disseminated by the Defense Mapping Agency.
(b) NAVIGATIONAL AIDS COVERED.—Subsection (a) applies with
respect to a navigational aid in the form of a map, a chart, or a
publication and any other form or medium of product or information in which the Defense Mapping Agency prepares or disseminates navigational aids.
§ 457. Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from public disclosure
(a) AUTHORITY.—The Secretary of Defense may withhold from
public disclosure operational files described in subsection (b) to the
same extent that operational files may be withheld under section
701 of the National Security Act of 1947 (50 U.S.C. 431).
(b) COVERED OPERATIONAL FILES.—The authority under subsection (a) applies to operational files in the possession of the National Imagery and Mapping Agency that—
(1) as of September 22, 1996, were maintained by the National Photographic Interpretation Center; or
(2) concern the activities of the Agency that, as of such
date, were performed by the National Photographic Interpretation Center.
(c) OPERATIONAL FILES DEFINED.—In this section, the term
‘‘operational files’’ has the meaning given that term in section
701(b) of the National Security Act of 1947 (50 U.S.C. 431(b)).
SUBCHAPTER III—PERSONNEL MANAGEMENT
Sec.
461.
462.
Management rights.
Financial assistance to certain employees in acquisition of critical skills.
§ 461. Management rights
(a) SCOPE.—If there is no obligation under the provisions of
chapter 71 of title 5 for the head of an agency of the United States
to consult or negotiate with a labor organization on a particular
matter by reason of that matter being covered by a provision of law
or a Governmentwide regulation, the Director of the National Imagery and Mapping Agency is not obligated to consult or negotiate
with a labor organization on that matter even if that provision of
law or regulation is inapplicable to the National Imagery and Mapping Agency.
(b) BARGAINING UNITS.—The National Imagery and Mapping
Agency shall accord exclusive recognition to a labor organization
under section 7111 of title 5 only for a bargaining unit that was
recognized as appropriate for the Defense Mapping Agency on the
day before the date on which employees and positions of the Defense Mapping Agency in that bargaining unit became employees
and positions of the National Imagery and Mapping Agency under
227
CHAPTER 22 OF TITLE 10, U.S.C.
§ 467
the National Imagery and Mapping Agency Act of 1996 (title XI of
the National Defense Authorization Act for Fiscal Year 1997).
(c) TERMINATION OF BARGAINING UNIT COVERAGE OF POSITION
MODIFIED TO AFFECT NATIONAL SECURITY DIRECTLY.—(1) If the Director of the National Imagery and Mapping Agency determines
that the responsibilities of a position within a collective bargaining
unit should be modified to include intelligence, counterintelligence,
investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon
such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and
the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for
that collective bargaining unit.
(2) A determination described in paragraph (1) that is made by
the Director of the National Imagery and Mapping Agency may not
be reviewed by the Federal Labor Relations Authority or any court
of the United States.
§ 462. Financial assistance to certain employees in acquisition of critical skills
The Secretary of Defense may establish an undergraduate
training program with respect to civilian employees of the National
Imagery and Mapping Agency that is similar in purpose, conditions, content, and administration to the program established by
the Secretary of Defense under section 16 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note) for civilian employees of
the National Security Agency.
SUBCHAPTER IV—DEFINITIONS
Sec.
467.
Definitions.
§ 467. Definitions
In this chapter:
(1) The term ‘‘function’’ means any duty, obligation, responsibility, privilege, activity, or program.
(2)(A) The term ‘‘imagery’’ means, except as provided in
subparagraph (B), a likeness or presentation of any natural or
manmade feature or related object or activity and the positional data acquired at the same time the likeness or representation was acquired, including—
(i) products produced by space-based national intelligence reconnaissance systems; and
(ii) likenesses or presentations produced by satellites,
airborne platforms, unmanned aerial vehicles, or other
similar means.
(B) Such term does not include handheld or clandestine
photography taken by or on behalf of human intelligence collection organizations.
(3) The term ‘‘imagery intelligence’’ means the technical,
geographic, and intelligence information derived through the
interpretation or analysis of imagery and collateral materials.
§ 467
CHAPTER 22 OF TITLE 10, U.S.C.
228
(4) The term ‘‘geospatial information’’ means information
that identifies the geographic location and characteristics of
natural or constructed features and boundaries on the earth
and includes—
(A) statistical data and information derived from,
among other things, remote sensing, mapping, and surveying technologies; and
(B) mapping, charting, geodetic data, and related
products.
NATIONAL IMAGERY AND MAPPING AGENCY ACT OF
1996
(Public Law 104–201; 110 Stat. 2675; approved September 23, 1996)
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*
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TITLE XI—NATIONAL IMAGERY AND
MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and evaluation
of certain intelligence officials.
Subtitle A—Establishment of Agency
Establishment.
Missions and authority.
Transfers of personnel and assets.
Compatibility with authority under the National Security Act of 1947.
Creditable civilian service for career conditional employees of the
Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
1111.
1112.
1113.
1114.
1115.
Sec.
Sec.
Sec.
Sec.
Subtitle B—Conforming Amendments and Effective Dates
1121. Redesignation and repeals.
1122. Reference amendments.
1123. Headings and clerical amendments.
1124. Effective date.
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘National Imagery and Mapping
Agency Act of 1996’’.
SEC. 1102. FINDINGS.
Congress makes the following findings:
(1) There is a need within the Department of Defense and
the Intelligence Community of the United States to provide a
single agency focus for the growing number and diverse types
of customers for imagery and geospatial information resources
within the Government, to ensure visibility and accountability
for those resources, and to harness, leverage, and focus rapid
technological developments to serve the imagery, imagery intelligence, and geospatial information customers.
(2) There is a need for a single Government agency to solicit and advocate the needs of that growing and diverse pool
of customers.
(3) A single combat support agency dedicated to imagery,
imagery intelligence, and geospatial information could act as a
focal point for support of all imagery intelligence and
229
Sec. 1111
NATIONAL IMAGERY AND MAPPING AGENCY ACT OF 1996
230
geospatial information customers, including customers in the
Department of Defense, the Intelligence Community, and related agencies outside of the Department of Defense.
(4) Such an agency would best serve the needs of the imagery, imagery intelligence, and geospatial information customers if it were organized—
(A) to carry out its mission responsibilities under the
authority, direction, and control of the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs
of Staff; and
(B) to carry out its responsibilities to national intelligence customers in accordance with policies and priorities
established by the Director of Central Intelligence.
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*
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*
Subtitle A—Establishment of Agency
SEC. 1111. ESTABLISHMENT.
(a) ESTABLISHMENT.—There
is hereby established in the Department of Defense a Defense Agency to be known as the National
Imagery and Mapping Agency.
(b) TRANSFER OF FUNCTIONS FROM DEPARTMENT OF DEFENSE
ENTITIES.—The missions and functions of the following elements of
the Department of Defense are transferred to the National Imagery
and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department of Defense as specified in the classified annex to this Act.
(c) TRANSFER OF FUNCTIONS FROM CENTRAL INTELLIGENCE
AGENCY.—The missions and functions of the following elements of
the Central Intelligence Agency are transferred to the National Imagery and Mapping Agency:
(1) The National Photographic Interpretation Center.
(2) Other elements of the Central Intelligence Agency as
specified in the classified annex to this Act.
(d) PRESERVATION OF LEVEL AND QUALITY OF IMAGERY INTELLIGENCE SUPPORT TO ALL-SOURCE ANALYSIS AND PRODUCTION.—In
managing the establishment of the National Imagery and Mapping
Agency, the Secretary of Defense, in consultation with the Director
of Central Intelligence, shall ensure that imagery intelligence support provided to all-source analysis and production is in no way degraded or compromised.
*
*
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SEC. 1113. TRANSFERS OF PERSONNEL AND ASSETS.
(a) PERSONNEL AND ASSETS.—Subject to subsections
*
(b) and (c),
the personnel, assets, unobligated balances of appropriations and
authorizations of appropriations, and, to the extent jointly determined appropriate by the Secretary of Defense and Director of Central Intelligence, obligated balances of appropriations and authorizations of appropriations employed, used, held, arising from, or
available in connection with the missions and functions transferred
under section 1111(b) or section 1111(c) are transferred to the Na-
231
NATIONAL IMAGERY AND MAPPING AGENCY ACT OF 1996
Sec. 1116
tional Imagery and Mapping Agency. Transfers of appropriations
from the Central Intelligence Agency under this subsection shall be
made in accordance with section 1531 of title 31, United States
Code.
(b) DETERMINATION OF CIA POSITIONS TO BE TRANSFERRED.—
Not earlier than two years after the effective date of this subtitle,
the Secretary of Defense and the Director of Central Intelligence
shall determine which, if any, positions and personnel of the Central Intelligence Agency are to be transferred to the National Imagery and Mapping Agency. The positions to be transferred, and
the employees serving in such positions, shall be transferred to the
National Imagery and Mapping Agency under terms and conditions
prescribed by the Secretary of Defense and the Director of Central
Intelligence.
(c) RULE FOR CIA IMAGERY ACTIVITIES ONLY PARTIALLY TRANSFERRED.—If the National Photographic Interpretation Center of the
Central Intelligence Agency or any imagery-related activity of the
Central Intelligence Agency authorized to be performed by the National Imagery and Mapping Agency is not completely transferred
to the National Imagery and Mapping Agency, the Secretary of Defense and the Director of Central Intelligence shall—
(1) jointly determine which, if any, contracts, leases, property, and records employed, used, held, arising from, available
to, or otherwise relating to such Center or activity is to be
transferred to the National Imagery and Intelligence Agency;
and
(2) provide by written agreement for the transfer of such
items.
*
*
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*
SEC. 1115. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES OF THE DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and Mapping Agency who, on the day before the effective date of this title,
was an employee of the Defense Mapping Agency in a career-conditional status, the continuous service of that employee as an employee of the National Imagery and Mapping Agency on and after
such date shall be considered creditable service for the purpose of
any determination of the career status of the employee.
SEC. 1116. SAVING PROVISIONS.
(a) CONTINUING EFFECT ON
LEGAL DOCUMENTS.—All orders,
determinations, rules, regulations, permits, agreements, international agreements, grants, contracts, leases, certificates, licenses,
registrations, privileges, and other administrative actions—
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in connection with any of the functions which are transferred under this
title or any function that the National Imagery and Mapping
Agency is authorized to perform by law, and
(2) which are in effect at the time this title takes effect,
or were final before the effective date of this title and are to
become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law
Sec. 1117
NATIONAL IMAGERY AND MAPPING AGENCY ACT OF 1996
232
by the President, the Secretary of Defense, the Director of the National Imagery and Mapping Agency or other authorized official, a
court of competent jurisdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—This title and the amendments made by this title shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before an element of the Department of Defense or Central Intelligence Agency
at the time this title takes effect, with respect to function of that
element transferred by section 1122, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this title had not been enacted,
and orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this section shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had
not been enacted.
SEC. 1117. DEFINITIONS.
In this subtitle, the terms ‘‘function’’, ‘‘imagery’’, ‘‘imagery intelligence’’, and ‘‘geospatial information’’ have the meanings given
those terms in section 467 of title 10, United States Code, as added
by section 1112.
SEC. 1118. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the National Imagery and Mapping Agency for fiscal year 1997 in amounts and for
purposes, and subject to the terms, conditions, limitations, restrictions, and requirements, that are set forth in the Classified Annex
to this Act.
Subtitle B—Conforming Amendments and
Effective Dates
*
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*
SEC. 1124. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect on October 1, 1996, or the date of the enactment of this Act,
whichever is later.
CHAPTERS 81 AND 83 OF TITLE 10, UNITED STATES
CODE (DEFENSE INTELLIGENCE AGENCY CIVILIAN
PERSONNEL)
CHAPTER 81—CIVILIAN EMPLOYEES
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§ 1592. Prohibition on payment of severance pay to foreign
nationals in the event of certain overseas base closures
Funds available to the Department of Defense (including funds
in the Foreign National Employees Separation Pay Account, Defense, established under section 1581 of this title) may not be used
to pay severance pay to a foreign national employed by the Department of Defense under a contract, a treaty, or a memorandum of
understanding with a foreign nation that provides for payment of
separation pay if the termination of the employment of the foreign
national is the result of the closing of, or the curtailment of activities at, a United States military facility in that country at the request of the government of that country.
*
233
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CHAPTER 83—CIVILIAN DEFENSE INTELLIGENCE
EMPLOYEES
Subchapter
I. Defense-Wide Intelligence Personnel Policy ....................................................
II. Defense Intelligence Agency Personnel ...........................................................
Sec.
1601
1621
SUBCHAPTER I—DEFENSE-WIDE INTELLIGENCE
PERSONNEL POLICY
Sec.
1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay.
1602. Basic pay.
1603. Additional compensation, incentives, and allowances.
[1604. Repealed.]
1605. Benefits for certain employees assigned outside the United States.
1606. Defense Intelligence Senior Executive Service.
1607. Intelligence Senior Level positions.
1608. Time-limited appointments.
1609. Termination of defense intelligence employees.
1610. Reductions and other adjustments in force.
1611. Postemployment assistance: certain terminated intelligence employees.
1612. Merit system principles and civil service protections: applicability.
1613. Miscellaneous provisions.
1614. Definitions.
§ 1601. Civilian intelligence personnel: general authority to
establish excepted positions, appoint personnel,
and fix rates of pay
(a) GENERAL AUTHORITY.—The Secretary of Defense may—
(1) establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as
the Secretary determines necessary to carry out the
intelligence functions of the Department, including—
(A) Intelligence Senior Level positions designated
under section 1607 of this title; and
(B) positions in the Defense Intelligence Senior Executive Service;
(2) appoint individuals to those positions (after taking into
consideration the availability of preference eligibles for appointment to those positions); and
(3) fix the compensation of such individuals for service in
those positions.
(b) CONSTRUCTION WITH OTHER LAWS.—The authority of the
Secretary of Defense under subsection (a) applies without regard to
the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
§ 1602. Basic pay
(a) AUTHORITY TO FIX RATES OF BASIC PAY.—The Secretary of
Defense (subject to the provisions of this section) shall fix the rates
234
235
CHAPTER 83 OF TITLE 10, U.S.C.
§ 1603
of basic pay for positions established under section 1601 of this
title in relation to the rates of basic pay provided in subpart D of
part III of title 5 for positions subject to that subpart which have
corresponding levels of duties and responsibilities.
(b) MAXIMUM RATES.—A rate of basic pay fixed under subsection (a) for a position established under section 1601 of this title
may not (except as otherwise provided by law) exceed—
(1) in the case of a Defense Intelligence Senior Executive
Service position, the maximum rate provided in section 5382 of
title 5;
(2) in the case of an Intelligence Senior Level position, the
maximum rate provided in section 5382 of title 5; and
(3) in the case of any other position, the maximum rate
provided in section 5306(e) of title 5.
(c) PREVAILING RATE SYSTEMS.—The Secretary of Defense may,
consistent with section 5341 of title 5, adopt such provisions of that
title as provide for prevailing rate systems of basic pay and may
apply those provisions to positions for civilian employees in or
under which the Department of Defense may employ individuals
described by section 5342(a)(2)(A) of that title.
§ 1603. Additional compensation, incentives, and allowances
(a) ADDITIONAL COMPENSATION BASED ON TITLE 5 AUTHORITIES.—The Secretary of Defense may provide employees in defense
intelligence positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and
not in excess of the level authorized for, comparable positions authorized by title 5.
(b) ALLOWANCES BASED ON LIVING COSTS AND ENVIRONMENT.—
(1) In addition to basic pay, employees in defense intelligence positions who are citizens or nationals of the United States and are
stationed outside the continental United States or in Alaska may
be paid an allowance, in accordance with regulations prescribed by
the Secretary of Defense, while they are so stationed.
(2) An allowance under this subsection shall be based on—
(A) living costs substantially higher than in the District of
Columbia;
(B) conditions of environment which (i) differ substantially
from conditions of environment in the continental United
States, and (ii) warrant an allowance as a recruitment incentive; or
(C) both of the factors specified in subparagraphs (A) and
(B).
(3) An allowance under this subsection may not exceed the allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute.
§ 1605
CHAPTER 83 OF TITLE 10, U.S.C.
236
[§ 1604. Repealed. P.L. 104–201, § 1632(a)(3), Sept. 23, 1996,
110 Stat. 2745]
§ 1605. Benefits for certain employees assigned outside the
United States 1
(a)(1) The Secretary of Defense may provide to civilian personnel described in subsection (d) allowances and benefits comparable to those provided by the Secretary of State to officers and
employees of the Foreign Service under paragraphs (2), (3), (4), (5),
(6), (7), (8), and (13) of section 901 and sections 705 and 903 of the
Foreign Service Act of 1980 (22 U.S.C. 4081 (2), (3), (4), (5), (6), (7),
(8), and (13), 4025, 4083) and under section 5924(4) of title 5.
(2) The Secretary may also provide to any such civilian personnel special retirement accrual benefits in the same manner provided for certain officers and employees of the Central Intelligence
Agency in section 303 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2153) and in section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403r).
(b) The authority of the Secretary of Defense to make payments under subsection (a) is effective for any fiscal year only to
the extent that appropriated funds are available for such purpose.
(c) Regulations prescribed under subsection (a) may not take
effect until the Secretary of Defense has submitted such regulations to—
(1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representatives.
(d) Subsection (a) applies to civilian personnel of the Department of Defense who—
(1) are United States nationals;
(2) in the case of employees of the Defense Intelligence
Agency, are assigned to duty outside the United States and, in
the case of other employees, are assigned to Defense Attaché
Offices or Defense Intelligence Agency Liaison Offices outside
the United States; and
(3) are designated by the Secretary of Defense for the purposes of subsection (a).
§ 1606. Defense Intelligence Senior Executive Service
(a) ESTABLISHMENT.—The Secretary of Defense may establish
a Defense Intelligence Senior Executive Service for defense intelligence positions established pursuant to section 1601(a) of this
title that are equivalent to Senior Executive Service positions. The
number of positions in the Defense Intelligence Senior Executive
Service may not exceed 544.
(b) REGULATIONS CONSISTENT WITH TITLE 5 PROVISIONS.—The
Secretary of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the
requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592,
1 Section 431 of title 37, United States Code, provides similar benefits for members of the
Armed Forces assigned to the Defense Intelligence Agency.
237
CHAPTER 83 OF TITLE 10, U.S.C.
§ 1608
3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which
a member of the Defense Intelligence Senior Executive Service is
entitled shall be held or decided pursuant to those regulations),
and subchapter II of chapter 43 of such title. To the extent that the
Secretary determines it practicable to apply to members of, or applicants for, the Defense Intelligence Senior Executive Service
other provisions of title 5 that apply to members of, or applicants
for, the Senior Executive Service, the Secretary shall also prescribe
regulations to implement those provisions with respect to the Defense Intelligence Senior Executive Service.
(c) AWARD OF RANK TO MEMBERS OF THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.—The President, based on the
recommendations of the Secretary of Defense, may award a rank
referred to in section 4507 of title 5 to members of the Defense Intelligence Senior Executive Service. The award of such rank shall
be made in a manner consistent with the provisions of that section.
§ 1607. Intelligence Senior Level positions
(a) DESIGNATION OF POSITIONS.—The Secretary of Defense may
designate as an Intelligence Senior Level position any defense intelligence position that, as determined by the Secretary—
(1) is classifiable above grade GS–15 of the General
Schedule;
(2) does not satisfy functional or program management criteria for being designated a Defense Intelligence Senior Executive Service position; and
(3) has no more than minimal supervisory responsibilities.
(b) REGULATIONS.—Subsection (a) shall be carried out in accordance with regulations prescribed by the Secretary of Defense.
(c) AWARD OF RANK TO EMPLOYEES IN INTELLIGENCE SENIOR
LEVEL POSITIONS.—The President, based on the recommendations
of the Secretary of Defense, may award a rank referred to in section 4507a of title 5 to employees in Intelligence Senior Level positions designated under subsection (a). The award of such rank shall
be made in a manner consistent with the provisions of that section.
§ 1608. Time-limited appointments
(a) AUTHORITY FOR TIME-LIMITED APPOINTMENTS.—The Secretary of Defense may by regulation authorize appointing officials
to make time-limited appointments to defense intelligence positions
specified in the regulations.
(b) REVIEW OF USE OF AUTHORITY.—The Secretary of Defense
shall review each time-limited appointment in a defense intelligence position at the end of the first year of the period of the appointment and determine whether the appointment should be continued for the remainder of the period. The continuation of a timelimited appointment after the first year shall be subject to the approval of the Secretary.
(c) CONDITION ON PERMANENT APPOINTMENT TO DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.—An employee serving in
a defense intelligence position pursuant to a time-limited appointment is not eligible for a permanent appointment to a Defense Intelligence Senior Executive Service position (including a position in
§ 1609
CHAPTER 83 OF TITLE 10, U.S.C.
238
which the employee is serving) unless the employee is selected for
the permanent appointment on a competitive basis.
(d) TIME-LIMITED APPOINTMENT DEFINED.—In this section, the
term ‘‘time-limited appointment’’ means an appointment (subject to
the condition in subsection (b)) for a period not to exceed two years.
§ 1609. Termination of defense intelligence employees
(a) TERMINATION AUTHORITY.—Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee in a defense intelligence position if the
Secretary—
(1) considers that action to be in the interests of the
United States; and
(2) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security.
(b) FINALITY.—A decision by the Secretary of Defense to terminate the employment of an employee under this section is final and
may not be appealed or reviewed outside the Department of Defense.
(c) NOTIFICATION TO CONGRESSIONAL COMMITTEES.—Whenever
the Secretary of Defense terminates the employment of an employee under the authority of this section, the Secretary shall
promptly notify the congressional oversight committees of such termination.
(d) PRESERVATION OF RIGHT TO SEEK OTHER EMPLOYMENT.—
Any termination of employment under this section does not affect
the right of the employee involved to seek or accept employment
with any other department or agency of the United States if that
employee is declared eligible for such employment by the Director
of the Office of Personnel Management.
(e) LIMITATION ON DELEGATION.—The authority of the Secretary of Defense under this section may be delegated only to the
Deputy Secretary of Defense, the head of an intelligence component
of the Department of Defense (with respect to employees of that
component), or the Secretary of a military department (with respect
to employees of that department). An action to terminate employment of such an employee by any such official may be appealed to
the Secretary of Defense.
§ 1610. Reductions and other adjustments in force
(a) IN GENERAL.—The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions,
during a reduction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment
in force notwithstanding sections 3501(b) and 3502 of
title 5.
(b) MATTERS TO BE GIVEN EFFECT.—The regulations shall give
effect to the following:
(1) Tenure of employment.
239
CHAPTER 83 OF TITLE 10, U.S.C.
§ 1611
(2) Military preference, subject to sections 3501(a)(3) and
3502(b) of title 5.
(3) The veteran’s preference under section 3502(b) of
title 5.
(4) Performance.
(5) Length of service computed in accordance with the second sentence of section 3502(a) of title 5.
(c) REGULATIONS RELATING TO DEFENSE INTELLIGENCE SES.—
The regulations relating to removal from the Defense Intelligence
Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5.
(d) RIGHT OF APPEAL.—(1) The regulations shall provide a right
of appeal regarding a personnel action under the regulations. The
appeal shall be determined within the Department of Defense. An
appeal determined at the highest level provided in the regulations
shall be final and not subject to review outside the Department of
Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or
procedures.
(2) Notwithstanding paragraph (1), a preference eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a personnel action taken against the preference eligible
under the regulation determined by the Merit Systems Protection
Board instead of having the appeal determined within the Department of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board.
(e) CONSULTATION WITH OPM.—Regulations under this section
shall be prescribed in consultation with the Director of the Office
of Personnel Management.
§ 1611. Postemployment assistance: certain terminated intelligence employees
(a) AUTHORITY.—Subject to subsection (c), the Secretary of Defense may, in the case of any individual who is a qualified former
intelligence employee, use appropriated funds—
(1) to assist that individual in finding and qualifying for
employment other than in a defense intelligence position;
(2) to assist that individual in meeting the expenses of
treatment of medical or psychological disabilities of that individual; and
(3) to provide financial support to that individual during
periods of unemployment.
(b) QUALIFIED FORMER INTELLIGENCE EMPLOYEES.—For purposes of this section, a qualified former intelligence employee is an
individual who was employed as a civilian employee of the Department of Defense in a sensitive defense intelligence position—
(1) who has been found to be ineligible for continued access
to information designated as ‘‘Sensitive Compartmented Information’’ and employment in a defense intelligence position; or
(2) whose employment in a defense intelligence position
has been terminated.
(c) CONDITIONS.—Assistance may be provided to a qualified
former intelligence employee under subsection (a) only if the Secretary determines that such assistance is essential to—
§ 1612
CHAPTER 83 OF TITLE 10, U.S.C.
240
(1) maintain the judgment and emotional stability of the
qualified former intelligence employee; and
(2) avoid circumstances that might lead to the unlawful
disclosure of classified information to which the qualified
former intelligence employee had access.
(d) DURATION OF ASSISTANCE.—Assistance may not be provided
under this section in the case of any individual after the end of the
five-year period beginning on the date of the termination of the employment of the individual in a defense intelligence position.
(e) ANNUAL REPORT.—(1) The Secretary of Defense shall submit to the congressional committees specified in paragraph (3) an
annual report with respect to any expenditure made under this section.
(2) In the case of a report required to be submitted under paragraph (1) to the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives, the date for the submittal of such report shall be
as provided in section 507 of the National Security Act of 1947.
(3) The committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(B) The Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate.
§ 1612. Merit system principles and civil service protections:
applicability
(a) APPLICABILITY OF MERIT SYSTEM PRINCIPLES.—Section 2301
of title 5 shall apply to the exercise of authority under this subchapter (other than sections 1605 and 1611).
(b) CIVIL SERVICE PROTECTIONS.—(1) If, in the case of a position established under authority other than section 1601(a)(1) of
this title that is reestablished as an excepted service position under
that section, the provisions of law referred to in paragraph (2) applied to the person serving in that position immediately before the
position is so reestablished and such provisions of law would not
otherwise apply to the person while serving in the
position as so reestablished, then such provisions of law shall, subject to paragraph (3), continue to apply to the person with respect
to service in that position for as long as the person continues to
serve in the position without a break in service.
(2) The provisions of law referred to in paragraph (1) are the
following provisions of title 5:
(A) Section 2302, relating to prohibited personnel
practices.
(B) Chapter 75, relating to adverse actions.
(3)(A) Notwithstanding any provision of chapter 75 of title 5,
an appeal of an adverse action by an individual employee covered
by paragraph (1) shall be determined within the Department of Defense if the employee so elects.
241
CHAPTER 83 OF TITLE 10, U.S.C.
§ 1614
(B) The Secretary of Defense shall prescribe the procedures for
initiating and determining appeals of adverse actions pursuant to
elections made under subparagraph (A).
§ 1613. Miscellaneous provisions
(a) COLLECTIVE BARGAINING AGREEMENTS.—Nothing in sections 1601 through 1603 and 1606 through 1610 may be construed
to impair the continued effectiveness of a collective bargaining
agreement with respect to an agency or office that is a successor
to an agency or office covered by the agreement before the
succession.
(b) NOTICE TO CONGRESS OF REGULATIONS.—The Secretary of
Defense shall notify Congress of any regulations prescribed to carry
out this subchapter (other than sections 1605 and 1611). Such notice shall be provided by submitting a copy of the regulations to the
congressional oversight committees not less than 60 days before
such regulations take effect.
§ 1614. Definitions
In this subchapter:
(1) The term ‘‘defense intelligence position’’ means a civilian position as an intelligence officer or intelligence employee
of the Department of Defense.
(2) The term ‘‘intelligence component of the Department of
Defense’’ means any of the following:
(A) The National Security Agency.
(B) The Defense Intelligence Agency.
(C) The National Imagery and Mapping Agency.
(D) Any other component of the Department of Defense that performs intelligence functions and is designated by the Secretary of Defense as an intelligence component of the Department of Defense.
(E) Any successor to a component specified in, or designated pursuant to, this paragraph.
(3) The term ‘‘congressional oversight committees’’
means—
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) The term ‘‘excepted service’’ has the meaning given
such term in section 2103 of title 5.
(5) The term ‘‘preference eligible’’ has the meaning given
such term in section 2108(3) of title 5.
(6) The term ‘‘Senior Executive Service position’’ has the
meaning given such term in section 3132(a)(2) of title 5.
(7) The term ‘‘collective bargaining agreement’’ has the
meaning given such term in section 7103(8) of title 5.
SUBCHAPTER II—DEFENSE INTELLIGENCE AGENCY
PERSONNEL
Sec.
1621.
Defense Intelligence Agency merit pay system.
§ 1621
1622.
1623.
CHAPTER 83 OF TITLE 10, U.S.C.
242
Uniform allowance: civilian employees.
Financial assistance to certain employees in acquisition of critical skills.
§ 1621. Defense Intelligence Agency merit pay system
The Secretary of Defense may by regulation establish a merit
pay system for such employees of the Defense Intelligence Agency
as the Secretary considers appropriate. The merit pay system shall
be designed to carry out purposes consistent with those set forth
in section 5401 of title 5, as in effect on October 31, 1993.
§ 1622. Uniform allowance: civilian employees
(a) The Secretary of Defense may pay an allowance under this
section to any civilian employee of the Defense Intelligence Agency
who—
(1) is assigned to a Defense Attaché Office outside the
United States; and
(2) is required by regulation to wear a prescribed uniform
in performance of official duties.
(b) Notwithstanding section 5901(a) of title 5, the amount of
any such allowance shall be the greater of the following:
(1) The amount provided for employees of the Department
of State assigned to positions outside the United States and required by regulation to wear a prescribed uniform in performance of official duties.
(2) The maximum allowance provided under section
1593(b) of this title.
(c) An allowance paid under this section shall be treated in the
same manner as is provided in subsection (c) of section 5901 of title
5 for an allowance paid under that section.
§ 1623. Financial assistance to certain employees in acquisition of critical skills
(a) The Secretary of Defense shall establish an undergraduate
training program with respect to civilian employees of the Defense
Intelligence Agency that is 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
Agency Act of 1959 (50 U.S.C. 402 note) for civilian employees of
the National Security Agency.
(b) Any payments made by the Secretary to carry out the program required to be established by subsection (a) may be made in
any fiscal year only to the extent that appropriated funds are available for that purpose.
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT
OF 1991
(Public Law 102–183; 105 Stat. 1271; approved December 4, 1991)
TITLE VIII—NATIONAL SECURITY SCHOLARSHIPS,
FELLOWSHIPS, AND GRANTS
SEC. 801. ø50 U.S.C. 1901¿ SHORT TITLE, FINDINGS, AND PURPOSES.
(a) SHORT TITLE.—This title may be cited as the ‘‘David
L.
Boren National Security Education Act of 1991’’.
(b) FINDINGS.—The Congress makes the following findings:
(1) The security of the United States is and will continue
to depend on the ability of the United States to exercise international leadership.
(2) The ability of the United States to exercise international leadership is, and will increasingly continue to be,
based on the political and economic strength of the United
States, as well as on United States military strength around
the world.
(3) Recent changes in the world pose threats of a new kind
to international stability as Cold War tensions continue to decline while economic competition, regional conflicts, terrorist
activities, and weapon proliferations have dramatically increased.
(4) The future national security and economic well-being of
the United States will depend substantially on the ability of its
citizens to communicate and compete by knowing the languages and cultures of other countries.
(5) The Federal Government has an interest in ensuring
that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment.
(6) The Federal Government also has an interest in taking
actions to alleviate the problem of American undergraduate
and graduate students being inadequately prepared to meet
the challenges posed by increasing global interaction among
nations.
(7) American colleges and universities must place a new
emphasis on improving the teaching of foreign languages, area
studies, counterproliferation studies, and other international
fields to help meet those challenges.
(c) PURPOSES.—The purposes of this title are as follows:
(1) To provide the necessary resources, accountability, and
flexibility to meet the national security education needs of the
United States, especially as such needs change over time.
(2) To increase the quantity, diversity, and quality of the
teaching and learning of subjects in the fields of foreign lan243
Sec. 802
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
244
guages, area studies, counterproliferation studies, and other
international fields that are critical to the Nation’s interest.
(3) To produce an increased pool of applicants for work in
the departments and agencies of the United States Government with national security responsibilities.
(4) To expand, in conjunction with other Federal programs,
the international experience, knowledge base, and perspectives
on which the United States citizenry, Government employees,
and leaders rely.
(5) To permit the Federal Government to advocate the
cause of international education.
SEC. 802. ø50 U.S.C. 1902¿ SCHOLARSHIP, FELLOWSHIP, AND GRANT
PROGRAM.
(a) PROGRAM REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall carry out
a program for—
(A) awarding scholarships to undergraduate students
who—
(i) are United States citizens in order to enable
such students to study, for at least one academic semester or equivalent term, in foreign countries that
are critical countries (as determined under section
803(d)(4)(A)) in those languages and study areas
where deficiencies exist (as identified in the assessments undertaken pursuant to section 806(d)); and
(ii) pursuant to subsection (b)(2)(A), enter into an
agreement to work in a national security position or
work in the field of higher education in the area of
study for which the scholarship was awarded;
(B) awarding fellowships to graduate students who—
(i) are United States citizens to enable such students to pursue education as part of a graduate degree
program of a United States institution of higher education in the disciplines of foreign languages, area
studies, counterproliferation studies, and other international fields relating to the national security interests of the United States that are critical areas of
those disciplines (as determined under section
803(d)(4)(B))and in which deficiencies exist (as identified in the assessments undertaken pursuant to section 806(d)); and
(ii) pursuant to subsection (b)(2)(B), enter into an
agreement to work in a national security position or
work in the field of education in the area of study for
which the fellowship was awarded;
(C) awarding grants to institutions of higher education
to enable such institutions to establish, operate, or improve programs in foreign languages, area studies,
counterproliferation studies, and other international fields
that are critical areas of those disciplines (as determined
under section 803(d)(4)(C)); and
(D) awarding grants to institutions of higher education
to carry out activities under the National Flagship Language Initiative (described in subsection (i)).
245
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
Sec. 802
(2) FUNDING ALLOCATIONS.—Of the amount available for
obligation out of the National Security Education Trust Fund
for any fiscal year for the purposes stated in paragraph (1), the
Secretary shall have a goal of allocating—
(A) 1⁄3 of such amount for the awarding of scholarships
pursuant to paragraph (1)(A);
(B) 1⁄3 of such amount for the awarding of fellowships
pursuant to paragraph (1)(B); and
(C) 1⁄3 of such amount for the awarding of grants pursuant to paragraph (1)(C).
The funding allocation under this paragraph shall not apply to
grants under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i). For the authorization of appropriations for the National Flagship Language Initiative, see section 811.
(3) CONSULTATION WITH NATIONAL SECURITY EDUCATION
BOARD.—The program required under this title shall be carried
out in consultation with the National Security Education
Board established under section 803.
(4) CONTRACT AUTHORITY.—The Secretary may enter into
one or more contracts, with private national organizations having an expertise in foreign languages, area studies,
counterproliferation studies, and other international fields, for
the awarding of the scholarships, fellowships, and grants described in paragraph (1) in accordance with the provisions of
this title. The Secretary may enter into such contracts without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or
any other provision of law that requires the use of competitive
procedures. In addition, the Secretary may enter into personal
service contracts for periods up to one year for program administration, except that not more than 10 such contracts may be
in effect at any one time.
(b) SERVICE AGREEMENT.—In awarding a scholarship or fellowship under the program, the Secretary or contract organization referred to in subsection (a)(4), as the case may be, shall require a
recipient of any fellowship, or any scholarship to enter into an
agreement that, in return for such assistance, the recipient—
(1) will maintain satisfactory academic progress, as determined in accordance with regulations issued by the Secretary,
and agrees that failure to maintain such progress shall constitute grounds upon which the Secretary or contract organization referred to in subsection (a)(4) may terminate such
assistance;
(2) will—
(A) not later than eight years after such recipient’s
completion of the study for which scholarship assistance
was provided under the program, and in accordance with
regulations issued by the Secretary—
(i) work in a national security position for a period
specified by the Secretary, which period shall be no
longer than the period for which scholarship assistance was provided; or
(ii) if the recipient demonstrates to the Secretary
(in accordance with such regulations) that no national
security position in an agency or office of the Federal
Sec. 802
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
246
Government having national security responsibilities
is available, work in other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to the foreign country, foreign
language, area study, or international field of study
for which the scholarship was awarded, for a period
specified by the Secretary, which period shall be determined in accordance with clause (i); or
(B) upon completion of such recipient’s education
under the program, and in accordance with such
regulations—
(i) work in a national security position for a period
specified by the Secretary, which period shall be not
less than one and not more than three times the period for which the fellowship assistance was provided;
or
(ii) if the recipient demonstrates to the Secretary
(in accordance with such regulations) that no national
security position is available upon the completion of
the degree, work in other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to foreign country, foreign language, area study, or international field of study for
which the fellowship was awarded, for a period specified by the Secretary, which period shall be determined in accordance with clause (i); and
(3) if the recipient fails to meet either of the obligations set
forth in paragraph (1) or (2), will reimburse the United States
Government for the amount of the assistance provided the recipient under the program, together with interest at a rate determined in accordance with regulations issued by the Secretary.
(c) EVALUATION OF PROGRESS IN LANGUAGE SKILLS.—The Secretary shall, through the National Security Education Program office, administer a test of the foreign language skills of each recipient of a scholarship or fellowship under this title before the commencement of the study or education for which the scholarship or
fellowship is awarded and after the completion of such study or
education. The purpose of these tests is to evaluate the progress
made by recipients of scholarships and fellowships in developing
foreign language skills as a result of assistance under this title.
(d) DISTRIBUTION OF ASSISTANCE.—In selecting the recipients
for awards of scholarships, fellowships, or grants pursuant to this
title, the Secretary or a contract organization referred to in subsection (a)(4), as the case may be, shall take into consideration (1)
the extent to which the selections will result in there being an equitable geographic distribution of such scholarships, fellowships, or
grants (as the case may be) among the various regions of the
United States, and (2) the extent to which the distribution of scholarships and fellowships to individuals reflects the cultural, racial,
and ethnic diversity of the population of the United States.
(e) MERIT REVIEW.—The Secretary shall award scholarships,
fellowships, and grants under the program based upon a merit review process.
247
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
Sec. 802
(f) LIMITATION ON USE OF PROGRAM PARTICIPANTS.—No person
who receives a grant, scholarship, or fellowship or any other type
of assistance under this title shall, as a condition of receiving such
assistance or under any other circumstances, be used by any department, agency, or entity of the United States Government engaged in intelligence activities to undertake any activity on its behalf during the period such person is pursuing a program of education for which funds are provided under the program carried out
under this title.
(g) DETERMINATION OF AGENCIES AND OFFICES OF THE FEDERAL
GOVERNMENT HAVING NATIONAL SECURITY RESPONSIBILITIES.—(1)
The Secretary, in consultation with the Board, shall annually determine and develop a list identifying each agency or office of the
Federal Government having national security responsibilities at
which a recipient of a fellowship or scholarship under this title will
be able to make the recipient’s foreign area and language skills
available to such agency or office. The Secretary shall submit the
first such list to the Congress and include each subsequent list in
the annual report to the Congress, as required by section 806(b)(6).
(2) Notwithstanding section 804, funds may not be made available from the Fund to carry out this title for fiscal year 1997 until
30 days after the date on which the Secretary of Defense submits
to the Congress the first such list required by paragraph (1).
(h) USE OF AWARDS TO ATTEND THE FOREIGN LANGUAGE CENTER OF THE DEFENSE LANGUAGE INSTITUTE.—(1) The Secretary
shall provide for the admission of award recipients to the Foreign
Language Center of the Defense Language Institute (hereinafter in
this subsection referred to as the ‘‘Center’’). An award recipient
may apply a portion of the applicable scholarship or fellowship
award for instruction at the Center on a space-available basis as
a Department of Defense sponsored program to defray the additive
instructional costs.
(2) Except as the Secretary determines necessary, an award recipient who receives instruction at the Center shall be subject to
the same regulations with respect to attendance, discipline, discharge, and dismissal as apply to other persons attending the Center.
(3) In this subsection, the term ‘‘award recipient’’ means an undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) or a graduate student who has been awarded
a fellowship under subsection (a)(1)(B) who—
(A) is in good standing;
(B) has completed all academic study in a foreign country,
as provided for under the scholarship or fellowship; and
(C) would benefit from instruction provided at the Center.
(i) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—(1) Under the
National Flagship Language Initiative, institutions of higher education shall establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the
national security of the United States.
(2) An undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has
been awarded a fellowship under subsection (a)(1)(B) may partici-
Sec. 803
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
248
pate in the activities carried out under the National Flagship Language Initiative.
(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) shall give special consideration to
applicants who are employees of the Federal Government.
(4) For purposes of this subsection, the Foreign Language Center of the Defense Language Institute and any other educational
institution that provides training in foreign languages operated by
the Department of Defense or an agency in the intelligence community is deemed to be an institution of higher education, and may
carry out the types of activities permitted under the National Flagship Language Initiative.
SEC. 803. ø50 U.S.C. 1903¿ NATIONAL SECURITY EDUCATION BOARD.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a National Security Education Board.
(b) COMPOSITION.—The Board shall be composed of the following individuals or the representatives of such individuals:
(1) The Secretary of Defense, who shall serve as the chairman of the Board.
(2) The Secretary of Education.
(3) The Secretary of State.
(4) The Secretary of Commerce.
(5) The Director of Central Intelligence.
(6) The Secretary of Energy.
(7) The Chairperson of the National Endowment for the
Humanities.
(8) Six individuals appointed by the President, by and with
the advice and consent of the Senate, who shall be experts in
the
fields
of
international,
language,
area,
and
counterproliferation studies education and who may not be officers or employees of the Federal Government.
(c) TERM OF APPOINTEES.—Each individual appointed to the
Board pursuant to subsection (b)(7) shall be appointed for a period
specified by the President at the time of the appointment, but not
to exceed four years. Such individuals shall receive no compensation for service on the Board but may receive reimbursement for
travel and other necessary expenses.
(d) FUNCTIONS.—The Board shall perform the following functions:
(1) Develop criteria for awarding scholarships, fellowships,
and grants under this title, including an order of priority in
such awards that favors individuals expressing an interest in
national security issues or pursuing a career in a national security position.
(2) Provide for wide dissemination of information regarding the activities assisted under this title.
(3) Establish qualifications for students desiring scholarships or fellowships, and institutions of higher education desiring grants, under this title, including, in the case of students
desiring a scholarship or fellowship, a requirement that the
student have a demonstrated commitment to the study of the
discipline for which the scholarship or fellowship is to be
awarded.
249
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
Sec. 804
(4) After taking into account the annual analyses of trends
in language, international, area, and counterproliferation studies under section 806(b)(1), make recommendations to the Secretary regarding—
(A) which countries are not emphasized in other
United States study abroad programs, such as countries in
which few United States students are studying and countries which are of importance to the national security interests of the United States, and are, therefore, critical
countries for the purposes of section 802(a)(1)(A);
(B) which areas within the disciplines described in section 802(a)(1)(B) relating to the national security interests
of the United States are areas of study in which United
States students are deficient in learning and are, therefore, critical areas within those disciplines for the purposes
of that section;
(C) which areas within the disciplines described in section 802(a)(1)(C) are areas in which United States students, educators, and Government employees are deficient
in learning and in which insubstantial numbers of United
States institutions of higher education provide training
and are, therefore, critical areas within those disciplines
for the purposes of that section;
(D) how students desiring scholarships or fellowships
can be encouraged to work for an agency or office of the
Federal Government involved in national security affairs
or national security policy upon completion of their education; and
(E) which foreign languages are critical to the national
security interests of the United States for purposes of section 802(a)(1)(D) (relating to grants for the National Flagship Language Initiative).
(5) Encourage applications for fellowships under this title
from graduate students having an educational background in
any academic discipline, particularly in the areas of science or
technology.
(6) Provide the Secretary biennially with a list of scholarship recipients and fellowship recipients, including an assessment of their foreign area and language skills, who are available to work in a national security position.
(7) Not later than 30 days after a scholarship or fellowship
recipient completes the study or education for which assistance
was provided under the program, provide the Secretary with a
report fully describing the foreign area and language skills obtained by the recipient as a result of the assistance.
(8) Review the administration of the program required
under this title.
SEC. 804. ø50 U.S.C. 1904¿ NATIONAL SECURITY EDUCATION TRUST
FUND.
(a) ESTABLISHMENT OF FUND.—There is established in the
Treasury of the United States a trust fund to be known as the ‘‘National Security Education Trust Fund’’. The assets of the Fund consist of amounts appropriated to the Fund and amounts credited to
the Fund under subsection (e).
Sec. 805
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
250
(b) AVAILABILITY OF SUMS IN THE FUND.—Sums in the Fund
shall, to the extent provided in appropriations Acts, be available—
(1) for awarding scholarships, fellowships, and grants in
accordance with the provisions of this title; and
(2) for properly allocable costs of the Federal Government
for the administration of the program under this title.
(c) INVESTMENT OF FUND ASSETS.—The Secretary of the Treasury shall invest in full the amount in the Fund that is not immediately necessary for expenditure. Such investments may be made
only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United
States. For such purpose, such obligations may be acquired on
original issue at the issue price or by purchase of outstanding obligations at the market price. The purposes for which obligations of
the United States may be issued under chapter 31 of title 31,
United States Code, are hereby extended to authorize the issuance
at par of special obligations exclusively to the Fund. Such special
obligations shall bear interest at a rate equal to the average rate
of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interestbearing obligations of the United States then forming a part of the
public debt, except that where such average rate is not a multiple
of 1⁄8 of 1 percent, the rate of interest of such special obligations
shall be the multiple of 1⁄8 of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchases of other interest-bearing obligations of the United States, or of obligations
guaranteed as to both principal and interest by the United States
or original issue or at the market price, is not in the public interest.
(d) AUTHORITY TO SELL OBLIGATIONS.—Any obligation acquired
by the Fund (except special obligations issued exclusively to the
Fund) may be sold by the Secretary of the Treasury at the market
price, and such special obligations may be redeemed at par plus accrued interest.
(e) AMOUNTS CREDITED TO FUND.—(1) The interest on, and the
proceeds from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(2) Any amount paid to the United States under section
802(b)(3) shall be credited to and form a part of the Fund.
(3) Any gifts of money shall be credited to and form a part of
the Fund.
SEC. 805. ø50 U.S.C. 1905¿ REGULATIONS AND ADMINISTRATIVE PROVISIONS
(a) REGULATIONS.—The Secretary may prescribe regulations to
carry out the program required by this title. Before prescribing any
such regulations, the Secretary shall submit a copy of the proposed
regulations to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives. Such proposed regulations may not take effect
until 30 days after the date on which they are submitted to those
committees.
(b) ACCEPTANCE AND USE OF GIFTS.—In order to conduct the
program required by this title, the Secretary may—
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Sec. 806
(1) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than that it
be used for the purpose of conducting the program required by
this title; and
(2) may use, sell, or otherwise dispose of such property for
that purpose.
(c) VOLUNTARY SERVICES.—In order to conduct the program
required by this title, the Secretary may accept and use the services of voluntary and noncompensated personnel.
(d) NECESSARY EXPENDITURES.—Expenditures necessary to
conduct the program required by this title shall be paid from the
Fund, subject to section 804(b).
SEC. 806. ø50 U.S.C. 1906¿ ANNUAL REPORT.
(a) ANNUAL REPORT.—(1) The Secretary
shall submit to the
President and to the congressional intelligence committees an annual report of the conduct of the program required by this title.
(2) The report submitted to the President shall be submitted
each year at the time that the President’s budget for the next fiscal
year is submitted to Congress pursuant to section 1105 of title 31,
United States Code.
(3) The report submitted to the congressional intelligence committees shall be submitted on the date provided in section 507 of
the National Security Act of 1947.
(b) CONTENTS OF REPORT.—Each such report shall contain—
(1) an analysis of the trends within language, international, area, and counterproliferation studies, along with a
survey of such areas as the Secretary determines are receiving
inadequate attention;
(2) the effect on those trends of activities under the program required by this title;
(3) an analysis of the assistance provided under the program for the previous fiscal year, to include the subject areas
being addressed and the nature of the assistance provided;
(4) an analysis of the performance of the individuals who
received assistance under the program during the previous fiscal year, to include the degree to which assistance was terminated under the program and the extent to which individual
recipients failed to meet their obligations under the program;
(5) an analysis of the results of the program for the previous fiscal year, and cumulatively, to include, at a minimum—
(A) the percentage of individuals who have received
assistance under the program who subsequently became
employees of the United States Government;
(B) in the case of individuals who did not subsequently
become employees of the United States Government, an
analysis of the reasons why they did not become employees
and an explanation as to what use, if any, was made of the
assistance by those recipients; and
(C) the uses made of grants to educational institutions;
(6) the current list of agencies and offices of the Federal
Government required to be developed by section 802(g); and
Sec. 807
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252
(7) any legislative changes recommended by the Secretary
to facilitate the administration of the program or otherwise to
enhance its objectives.
(c) SUBMISSION OF INITIAL REPORT.—The first report under this
section shall be submitted at the time the budget for fiscal year
1994 is submitted to Congress.
(d) CONSULTATION.—During the preparation of each report required by subsection (a), the Secretary shall consult with the members of the Board specified in paragraphs (1) through (7) of section
803(b). Each such member shall submit to the Secretary an assessment of their hiring needs in the areas of language and area studies and a projection of the deficiencies in such areas. The Secretary
shall include all assessments in the report required by subsection
(a).
SEC. 807. ø50 U.S.C. 1907¿ GENERAL ACCOUNTING OFFICE AUDITS.
The conduct of the program required by this title may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the
United States. Representatives of the General Accounting Office
shall have access to all books, accounts, records, reports, and files
and all other papers, things, or property of the Department of Defense pertaining to such activities and necessary to facilitate the
audit.
SEC. 808. ø50 U.S.C. 1908¿ DEFINITIONS.
For the purpose of this title:
(1) The term ‘‘Board’’ means the National Security Education Board established pursuant to section 803.
(2) The term ‘‘Fund’’ means the National Security Education Trust Fund established pursuant to section 804.
(3) The term ‘‘institution of higher education’’ has the
meaning given that term by section 101 of the Higher Education Act of 1965.
(4) The term ‘‘national security position’’ means a
position—
(A) having national security responsibilities in a agency or office of the Federal Government that has national
security responsibilities, as determined under section
802(g); and
(B) in which the individual in such position makes
their foreign language skills available to such agency or office.
(5) 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.
SEC. 809. ø50 U.S.C. 1909¿ FISCAL YEAR 1992 FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS TO THE
FUND.—There
is hereby authorized to be appropriated to the Fund for fiscal year
1992 the sum of $150,000,000.
(b) AUTHORIZATION OF OBLIGATIONS FROM THE FUND.—During
fiscal year 1992, there may be obligated from the Fund such
amounts as may be provided in appropriations Acts, not to exceed
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Sec. 811
$35,000,000. Amounts made available for obligation from the Fund
for fiscal year 1992 shall remain available until expended.
SEC. 810. ø50 U.S.C. 1910¿ FUNDING.
(a) FISCAL YEARS 1993 AND
1994.—Amounts appropriated to
carry out this title for fiscal years 1993 and 1994 shall remain
available until expended.
(b) FISCAL YEARS 1995 AND 1996.—There is authorized to be
appropriated from, and may be obligated from, the Fund for each
of the fiscal years 1995 and 1996 not more than the amount credited to the Fund in interest only for the preceding fiscal year under
section 804(e).
SEC. 811. ø50 U.S.C. 1911ø ADDITIONAL ANNUAL AUTHORIZATION OF
APPROPRIATIONS.
(a) IN GENERAL.—In addition to amounts that may be made
available to the Secretary under the Fund for a fiscal year, there
is authorized to be appropriated to the Secretary for each fiscal
year, beginning with fiscal year 2003, $10,000,000, to carry out the
grant program for the National Flagship Language Initiative under
section 802(a)(1)(D).
(b) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a) shall remain available until expended.
D. HOMELAND SECURITY INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
TITLE II OF THE HOMELAND SECURITY ACT OF 2002
(Public Law 107–296; 116 Stat. 2135; approved November 25, 2002)
AN ACT To establish the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as
the ‘‘Homeland Security Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
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*
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TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A—Directorate for Information Analysis and Infrastructure Protection;
Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure Protection.
Sec. 202. Access to information.
Subtitle B—Critical Infrastructure Information
Sec.
Sec.
Sec.
Sec.
Sec.
211.
212.
213.
214.
215.
Short title.
Definitions.
Designation of critical infrastructure protection program.
Protection of voluntarily shared critical infrastructure information.
No private right of action.
Sec.
Sec.
Sec.
Sec.
Sec.
221.
222.
223.
224.
225.
Subtitle C—Information Security
Procedures for sharing information.
Privacy Officer.
Enhancement of non-Federal cybersecurity.
Net guard.
Cyber Security Enhancement Act of 2002.
Subtitle D—Office of Science and Technology
Establishment of office; Director.
Mission of office; duties.
Definition of law enforcement technology.
Abolishment of Office of Science and Technology of National Institute of
Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of Justice.
Sec. 237. Amendments relating to National Institute of Justice.
Sec.
Sec.
Sec.
Sec.
231.
232.
233.
234.
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255
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Sec. 201
TITLE II OF THE HOMELAND SECURITY ACT OF 2002
256
TITLE II—INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION
Subtitle A—Directorate for Information
Analysis and Infrastructure Protection;
Access to Information
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.
(a) UNDER SECRETARY OF HOMELAND SECURITY FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.—
(1) IN GENERAL.—There shall be in the Department a Di-
rectorate for Information Analysis and Infrastructure Protection headed by an Under Secretary for Information Analysis
and Infrastructure Protection, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(2) RESPONSIBILITIES.—The Under Secretary shall assist
the Secretary in discharging the responsibilities assigned by
the Secretary.
(b) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS; ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—
(1) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS.—
There shall be in the Department an Assistant Secretary for
Information Analysis, who shall be appointed by the President.
(2) ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—There shall be in the Department an Assistant Secretary for Infrastructure Protection, who shall be appointed by
the President.
(3) RESPONSIBILITIES.—The Assistant Secretary for Information Analysis and the Assistant Secretary for Infrastructure
Protection shall assist the Under Secretary for Information
Analysis and Infrastructure Protection in discharging the responsibilities of the Under Secretary under this section.
(c) DISCHARGE OF INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.—The Secretary shall ensure that the responsibilities of the Department regarding information analysis and infrastructure protection are carried out through the Under Secretary
for Information Analysis and Infrastructure Protection.
(d) RESPONSIBILITIES OF UNDER SECRETARY.—Subject to the direction and control of the Secretary, the responsibilities of the
Under Secretary for Information Analysis and Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforcement information, intelligence information, and other information from
agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector entities, and to integrate such information in order
to—
(A) identify and assess the nature and scope of terrorist threats to the homeland;
(B) detect and identify threats of terrorism against the
United States; and
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TITLE II OF THE HOMELAND SECURITY ACT OF 2002
Sec. 201
(C) understand such threats in light of actual and potential vulnerabilities of the homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical infrastructure
of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such
attacks).
(3) To integrate relevant information, analyses, and vulnerability assessments (whether such information, analyses, or
assessments are provided or produced by the Department or
others) in order to identify priorities for protective and support
measures by the Department, other agencies of the Federal
Government, State and local government agencies and authorities, the private sector, and other entities.
(4) To ensure, pursuant to section 202, the timely and efficient access by the Department to all information necessary to
discharge the responsibilities under this section, including obtaining such information from other agencies of the Federal
Government.
(5) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States, including power production, generation, and distribution systems, information technology and telecommunications
systems (including satellites), electronic financial and property
record storage and transmission systems, emergency preparedness communications systems, and the physical and technological assets that support such systems.
(6) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in coordination with other agencies of the Federal Government and
in cooperation with State and local government agencies and
authorities, the private sector, and other entities.
(7) To administer the Homeland Security Advisory System,
including—
(A) exercising primary responsibility for public
advisories related to threats to homeland security; and
(B) in coordination with other agencies of the Federal
Government, providing specific warning information, and
advice about appropriate protective measures and countermeasures, to State and local government agencies and authorities, the private sector, other entities, and the public.
(8) To review, analyze, and make recommendations for improvements in the policies and procedures governing the sharing of law enforcement information, intelligence information,
intelligence-related information, and other information relating
to homeland security within the Federal Government and between the Federal Government and State and local government agencies and authorities.
(9) To disseminate, as appropriate, information analyzed
by the Department within the Department, to other agencies
of the Federal Government with responsibilities relating to
homeland security, and to agencies of State and local govern-
Sec. 201
TITLE II OF THE HOMELAND SECURITY ACT OF 2002
258
ments and private sector entities with such responsibilities in
order to assist in the deterrence, prevention, preemption of, or
response to, terrorist attacks against the United States.
(10) To consult with the Director of Central Intelligence
and other appropriate intelligence, law enforcement, or other
elements of the Federal Government to establish collection priorities and strategies for information, including law enforcement-related information, relating to threats of terrorism
against the United States through such means as the representation of the Department in discussions regarding requirements and priorities in the collection of such information.
(11) To consult with State and local governments and private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States.
(12) To ensure that—
(A) any material received pursuant to this Act is protected from unauthorized disclosure and handled and used
only for the performance of official duties; and
(B) any intelligence information under this Act is
shared, retained, and disseminated consistent with the authority of the Director of Central Intelligence to protect intelligence sources and methods under the National Security Act of 1947 (50 U.S.C. 401 et seq.) and related procedures and, as appropriate, similar authorities of the Attorney General concerning sensitive law enforcement information.
(13) To request additional information from other agencies
of the Federal Government, State and local government agencies, and the private sector relating to threats of terrorism in
the United States, or relating to other areas of responsibility
assigned by the Secretary, including the entry into cooperative
agreements through the Secretary to obtain such information.
(14) To establish and utilize, in conjunction with the chief
information officer of the Department, a secure communications and information technology infrastructure, including
data-mining and other advanced analytical tools, in order to
access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as
appropriate.
(15) To ensure, in conjunction with the chief information
officer of the Department, that any information databases and
analytical tools developed or utilized by the Department—
(A) are compatible with one another and with relevant
information databases of other agencies of the Federal
Government; and
(B) treat information in such databases in a manner
that complies with applicable Federal law on privacy.
(16) To coordinate training and other support to the elements and personnel of the Department, other agencies of the
Federal Government, and State and local governments that
provide information to the Department, or are consumers of information provided by the Department, in order to facilitate
the identification and sharing of information revealed in their
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TITLE II OF THE HOMELAND SECURITY ACT OF 2002
Sec. 201
ordinary duties and the optimal utilization of information received from the Department.
(17) To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement
agencies, and the private sector, as appropriate.
(18) To provide intelligence and information analysis and
support to other elements of the Department.
(19) To perform such other duties relating to such responsibilities as the Secretary may provide.
(e) STAFF.—
(1) IN GENERAL.—The Secretary shall provide the Directorate with a staff of analysts having appropriate expertise and
experience to assist the Directorate in discharging responsibilities under this section.
(2) PRIVATE SECTOR ANALYSTS.—Analysts under this subsection may include analysts from the private sector.
(3) SECURITY CLEARANCES.—Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
(f) DETAIL OF PERSONNEL.—
(1) IN GENERAL.—In order to assist the Directorate in discharging responsibilities under this section, personnel of the
agencies referred to in paragraph (2) may be detailed to the
Department for the performance of analytic functions and related duties.
(2) COVERED AGENCIES.—The agencies referred to in this
paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Government that
the President considers appropriate.
(3) COOPERATIVE AGREEMENTS.—The Secretary and the
head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection.
(4) BASIS.—The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
(g) FUNCTIONS TRANSFERRED.—In accordance with title XV,
there shall be transferred to the Secretary, for assignment to the
Under Secretary for Information Analysis and Infrastructure Protection under this section, the functions, personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of
the Attorney General relating thereto.
(2) The National Communications System of the Department of Defense, including the functions of the Secretary of
Defense relating thereto.
Sec. 202
TITLE II OF THE HOMELAND SECURITY ACT OF 2002
260
(3) The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto.
(4) The National Infrastructure Simulation and Analysis
Center of the Department of Energy and the energy security
and assurance program and activities of the Department, including the functions of the Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response Center of the
General Services Administration, including the functions of the
Administrator of General Services relating thereto.
(h) INCLUSION OF CERTAIN ELEMENTS OF THE DEPARTMENT AS
ELEMENTS OF THE INTELLIGENCE COMMUNITY.—Section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401(a)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (I);
(2) by redesignating subparagraph (J) as subparagraph
(K); and
(3) by inserting after subparagraph (I) the following new
subparagraph:
‘‘(J) the elements of the Department of Homeland Security concerned with the analyses of foreign intelligence
information; and’’.
SEC. 202. ACCESS TO INFORMATION.
(a) IN GENERAL.—
(1) THREAT AND VULNERABILITY INFORMATION.—Except
as
otherwise directed by the President, the Secretary shall have
such access as the Secretary considers necessary to all information, including reports, assessments, analyses, and
unevaluated intelligence relating to threats of terrorism
against the United States and to other areas of responsibility
assigned by the Secretary, and to all information concerning
infrastructure or other vulnerabilities of the United States to
terrorism, whether or not such information has been analyzed,
that may be collected, possessed, or prepared by any agency of
the Federal Government.
(2) OTHER INFORMATION.—The Secretary shall also have
access to other information relating to matters under the responsibility of the Secretary that may be collected, possessed,
or prepared by an agency of the Federal Government as the
President may further provide.
(b) MANNER OF ACCESS.—Except as otherwise directed by the
President, with respect to information to which the Secretary has
access pursuant to this section—
(1) the Secretary may obtain such material upon request,
and may enter into cooperative arrangements with other executive agencies to provide such material or provide Department
officials with access to it on a regular or routine basis, including requests or arrangements involving broad categories of material, access to electronic databases, or both; and
(2) regardless of whether the Secretary has made any request or entered into any cooperative arrangement pursuant to
paragraph (1), all agencies of the Federal Government shall
promptly provide to the Secretary—
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TITLE II OF THE HOMELAND SECURITY ACT OF 2002
Sec. 212
(A) all reports (including information reports containing intelligence which has not been fully evaluated),
assessments, and analytical information relating to threats
of terrorism against the United States and to other areas
of responsibility assigned by the Secretary;
(B) all information concerning the vulnerability of the
infrastructure of the United States, or other vulnerabilities
of the United States, to terrorism, whether or not such information has been analyzed;
(C) all other information relating to significant and
credible threats of terrorism against the United States,
whether or not such information has been analyzed; and
(D) such other information or material as the President may direct.
(c) TREATMENT UNDER CERTAIN LAWS.—The Secretary shall be
deemed to be a Federal law enforcement, intelligence, protective,
national defense, immigration, or national security official, and
shall be provided with all information from law enforcement agencies that is required to be given to the Director of Central Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001 (Public Law 107–56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure.
(d) ACCESS TO INTELLIGENCE AND OTHER INFORMATION.—
(1) ACCESS BY ELEMENTS OF FEDERAL GOVERNMENT.—Nothing in this title shall preclude any element of the intelligence
community (as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)), or any other
element of the Federal Government with responsibility for analyzing terrorist threat information, from receiving any intelligence or other information relating to terrorism.
(2) SHARING OF INFORMATION.—The Secretary, in consultation with the Director of Central Intelligence, shall work to ensure that intelligence or other information relating to terrorism
to which the Department has access is appropriately shared
with the elements of the Federal Government referred to in
paragraph (1), as well as with State and local governments, as
appropriate.
Subtitle B—Critical Infrastructure
Information
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ‘‘Critical Infrastructure Information Act of 2002’’.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given it
in section 551 of title 5, United States Code.
(2) COVERED FEDERAL AGENCY.—The term ‘‘covered Federal
agency’’ means the Department of Homeland Security.
Sec. 212
TITLE II OF THE HOMELAND SECURITY ACT OF 2002
262
(3) CRITICAL INFRASTRUCTURE INFORMATION.—The term
‘‘critical infrastructure information’’ means information not
customarily in the public domain and related to the security of
critical infrastructure or protected systems—
(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of communications and data transmission systems) that violates
Federal, State, or local law, harms interstate commerce of
the United States, or threatens public health or safety;
(B) the ability of any critical infrastructure or protected system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing,
risk evaluation thereto, risk management planning, or risk
audit; or
(C) any planned or past operational problem or solution regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
(4) CRITICAL INFRASTRUCTURE PROTECTION PROGRAM.—The
term ‘‘critical infrastructure protection program’’ means any
component or bureau of a covered Federal agency that has
been designated by the President or any agency head to receive
critical infrastructure information.
(5) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—
The term ‘‘Information Sharing and Analysis Organization’’
means any formal or informal entity or collaboration created or
employed by public or private sector organizations, for purposes of—
(A) gathering and analyzing critical infrastructure information in order to better understand security problems
and interdependencies related to critical infrastructure
and protected systems, so as to ensure the availability, integrity, and reliability thereof;
(B) communicating or disclosing critical infrastructure
information to help prevent, detect, mitigate, or recover
from the effects of a interference, compromise, or a incapacitation problem related to critical infrastructure or protected systems; and
(C) voluntarily disseminating critical infrastructure information to its members, State, local, and Federal Governments, or any other entities that may be of assistance
in carrying out the purposes specified in subparagraphs
(A) and (B).
(6) PROTECTED SYSTEM.—The term ‘‘protected system’’—
(A) means any service, physical or computer-based system, process, or procedure that directly or indirectly affects
the viability of a facility of critical infrastructure; and
(B) includes any physical or computer-based system,
including a computer, computer system, computer or com-
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Sec. 214
munications network, or any component hardware or element thereof, software program, processing instructions, or
information or data in transmission or storage therein, irrespective of the medium of transmission or storage.
(7) VOLUNTARY.—
(A) IN GENERAL.—The term ‘‘voluntary’’, in the case of
any submittal of critical infrastructure information to a
covered Federal agency, means the submittal thereof in
the absence of such agency’s exercise of legal authority to
compel access to or submission of such information and
may be accomplished by a single entity or an Information
Sharing and Analysis Organization on behalf of itself or its
members.
(B) EXCLUSIONS.—The term ‘‘voluntary’’—
(i) in the case of any action brought under the securities laws as is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47))—
(I) does not include information or statements
contained in any documents or materials filed
with the Securities and Exchange Commission, or
with Federal banking regulators, pursuant to section 12(i) of the Securities Exchange Act of 1934
(15 U.S.C. 781(I)); and
(II) with respect to the submittal of critical infrastructure information, does not include any disclosure or writing that when made accompanied
the solicitation of an offer or a sale of securities;
and
(ii) does not include information or statements
submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory
proceedings.
SEC. 213. DESIGNATION OF CRITICAL INFRASTRUCTURE PROTECTION
PROGRAM.
A critical infrastructure protection program may be designated
as such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.
SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE INFORMATION.
(a) PROTECTION.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, critical infrastructure information (including the identity
of the submitting person or entity) that is voluntarily submitted to a covered Federal agency for use by that agency regarding the security of critical infrastructure and protected
systems, analysis, warning, interdependency study, recovery,
reconstitution, or other informational purpose, when accompanied by an express statement specified in paragraph (2)—
(A) shall be exempt from disclosure under section 552
of title 5, United States Code (commonly referred to as the
Freedom of Information Act);
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(B) shall not be subject to any agency rules or judicial
doctrine regarding ex parte communications with a decision making official;
(C) shall not, without the written consent of the person or entity submitting such information, be used directly
by such agency, any other Federal, State, or local authority, or any third party, in any civil action arising under
Federal or State law if such information is submitted in
good faith;
(D) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for
purposes other than the purposes of this subtitle, except—
(i) in furtherance of an investigation or the prosecution of a criminal act; or
(ii) when disclosure of the information would be—
(I) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint
committee; or
(II) to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties
of the General Accounting Office.
(E) shall not, if provided to a State or local government or government agency—
(i) be made available pursuant to any State or
local law requiring disclosure of information or
records;
(ii) otherwise be disclosed or distributed to any
party by said State or local government or government
agency without the written consent of the person or
entity submitting such information; or
(iii) be used other than for the purpose of protecting critical infrastructure or protected systems, or
in furtherance of an investigation or the prosecution of
a criminal act; and
(F) does not constitute a waiver of any applicable
privilege or protection provided under law, such as trade
secret protection.
(2) EXPRESS STATEMENT.—For purposes of paragraph (1),
the term ‘‘express statement’’, with respect to information or
records, means—
(A) in the case of written information or records, a
written marking on the information or records substantially similar to the following: ‘‘This information is voluntarily submitted to the Federal Government in expectation
of protection from disclosure as provided by the provisions
of the Critical Infrastructure Information Act of 2002.’’; or
(B) in the case of oral information, a similar written
statement submitted within a reasonable period following
the oral communication.
(b) LIMITATION.—No communication of critical infrastructure
information to a covered Federal agency made pursuant to this
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subtitle shall be considered to be an action subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App. 2).
(c) INDEPENDENTLY OBTAINED INFORMATION.—Nothing in this
section shall be construed to limit or otherwise affect the ability of
a State, local, or Federal Government entity, agency, or authority,
or any third party, under applicable law, to obtain critical infrastructure information in a manner not covered by subsection (a),
including any information lawfully and properly disclosed generally
or broadly to the public and to use such information in any manner
permitted by law.
(d) TREATMENT OF VOLUNTARY SUBMITTAL OF INFORMATION.—
The voluntary submittal to the Government of information or
records that are protected from disclosure by this subtitle shall not
be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law.
(e) PROCEDURES.—
(1) IN GENERAL.—The Secretary of the Department of
Homeland Security shall, in consultation with appropriate representatives of the National Security Council and the Office of
Science and Technology Policy, establish uniform procedures
for the receipt, care, and storage by Federal agencies of critical
infrastructure information that is voluntarily submitted to the
Government. The procedures shall be established not later
than 90 days after the date of the enactment of this subtitle.
(2) ELEMENTS.—The procedures established under paragraph (1) shall include mechanisms regarding—
(A) the acknowledgement of receipt by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government;
(B) the maintenance of the identification of such information as voluntarily submitted to the Government for
purposes of and subject to the provisions of this subtitle;
(C) the care and storage of such information; and
(D) the protection and maintenance of the confidentiality of such information so as to permit the sharing of
such information within the Federal Government and with
State and local governments, and the issuance of notices
and warnings related to the protection of critical infrastructure and protected systems, in such manner as to protect from public disclosure the identity of the submitting
person or entity, or information that is proprietary, business sensitive, relates specifically to the submitting person
or entity, and is otherwise not appropriately in the public
domain.
(f) PENALTIES.—Whoever, being an officer or employee of the
United States or of any department or agency thereof, knowingly
publishes, divulges, discloses, or makes known in any manner or to
any extent not authorized by law, any critical infrastructure information protected from disclosure by this subtitle coming to him in
the course of this employment or official duties or by reason of any
examination or investigation made by, or return, report, or record
made to or filed with, such department or agency or officer or employee thereof, shall be fined under title 18 of the United States
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Code, imprisoned not more than 1 year, or both, and shall be removed from office or employment.
(g) AUTHORITY TO ISSUE WARNINGS.—The Federal Government
may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general
public regarding potential threats to critical infrastructure as appropriate. In issuing a warning, the Federal Government shall take
appropriate actions to protect from disclosure—
(1) the source of any voluntarily submitted critical infrastructure information that forms the basis for the warning; or
(2) information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain.
(h) AUTHORITY TO DELEGATE.—The President may delegate authority to a critical infrastructure protection program, designated
under section 213, to enter into a voluntary agreement to promote
critical infrastructure security, including with any Information
Sharing and Analysis Organization, or a plan of action as otherwise defined in section 708 of the Defense Production Act of 1950
(50 U.S.C. App. 2158).
SEC. 215. NO PRIVATE RIGHT OF ACTION.
Nothing in this subtitle may be construed to create a private
right of action for enforcement of any provision of this Act.
Subtitle C—Information Security
SEC. 221. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use of information shared under this title that—
(1) limit the redissemination of such information to ensure
that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such information;
(3) protect the constitutional and statutory rights of any
individuals who are subjects of such information; and
(4) provide data integrity through the timely removal and
destruction of obsolete or erroneous names and information.
SEC. 222. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the Department
to assume primary responsibility for privacy policy, including—
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of personal information;
(2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with
fair information practices as set out in the Privacy Act of 1974;
(3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by
the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected; and
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(5) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act
of 1974, internal controls, and other matters.
SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.
In carrying out the responsibilities under section 201, the
Under Secretary for Information Analysis and Infrastructure Protection shall—
(1) as appropriate, provide to State and local government
entities, and upon request to private entities that own or operate critical information systems—
(A) analysis and warnings related to threats to, and
vulnerabilities of, critical information systems; and
(B) in coordination with the Under Secretary for
Emergency Preparedness and Response, crisis management support in response to threats to, or attacks on, critical information systems; and
(2) as appropriate, provide technical assistance, upon request, to the private sector and other government entities, in
coordination with the Under Secretary for Emergency Preparedness and Response, with respect to emergency recovery
plans to respond to major failures of critical information systems.
SEC. 224. NET GUARD.
The Under Secretary for Information Analysis and Infrastructure Protection may establish a national technology guard, to be
known as ‘‘NET Guard’’, comprised of local teams of volunteers
with expertise in relevant areas of science and technology, to assist
local communities to respond and recover from attacks on information systems and communications networks.
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.
(a) SHORT TITLE.—This section may be cited as the
‘‘Cyber Security Enhancement Act of 2002’’.
(b) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER CRIMES.—
(1) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.—Pursuant to its authority under section 994(p) of title
28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review
and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18, United States Code.
(2) REQUIREMENTS.—In carrying out this subsection, the
Sentencing Commission shall—
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses;
(B) consider the following factors and the extent to
which the guidelines may or may not account for them—
(i) the potential and actual loss resulting from the
offense;
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(ii) the level of sophistication and planning involved in the offense;
(iii) whether the offense was committed for purposes of commercial advantage or private financial
benefit;
(iv) whether the defendant acted with malicious
intent to cause harm in committing the offense;
(v) the extent to which the offense violated the
privacy rights of individuals harmed;
(vi) whether the offense involved a computer used
by the government in furtherance of national defense,
national security, or the administration of justice;
(vii) whether the violation was intended to or had
the effect of significantly interfering with or disrupting
a critical infrastructure; and
(viii) whether the violation was intended to or had
the effect of creating a threat to public health or safety, or injury to any person;
(C) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(D) account for any additional aggravating or mitigating circumstances that might justify exceptions to the
generally applicable sentencing ranges;
(E) make any necessary conforming changes to the
sentencing guidelines; and
(F) assure that the guidelines adequately meet the
purposes of sentencing as set forth in section 3553(a)(2) of
title 18, United States Code.
(c) STUDY AND REPORT ON COMPUTER CRIMES.—Not later than
May 1, 2003, the United States Sentencing Commission shall submit a brief report to Congress that explains any actions taken by
the Sentencing Commission in response to this section and includes
any recommendations the Commission may have regarding statutory penalties for offenses under section 1030 of title 18, United
States Code.
(d) EMERGENCY DISCLOSURE EXCEPTION.—
(1) IN GENERAL.—Section 2702(b) of title 18, United States
Code, is amended—
(A) in paragraph (5), by striking ‘‘or’’ at the end;
(B) in paragraph (6)(A), by inserting ‘‘or’’ at the end;
(C) by striking paragraph (6)(C); and
(D) by adding at the end the following:
‘‘(7) to a Federal, State, or local governmental entity, if the
provider, in good faith, believes that an emergency involving
danger of death or serious physical injury to any person requires disclosure without delay of communications relating to
the emergency.’’.
(2) REPORTING OF DISCLOSURES.—A government entity that
receives a disclosure under section 2702(b) of title 18, United
States Code, shall file, not later than 90 days after such disclosure, a report to the Attorney General stating the paragraph
of that section under which the disclosure was made, the date
of the disclosure, the entity to which the disclosure was made,
the number of customers or subscribers to whom the information disclosed pertained, and the number of communications, if
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any, that were disclosed. The Attorney General shall publish
all such reports into a single report to be submitted to Congress 1 year after the date of enactment of this Act.
(e) GOOD FAITH EXCEPTION.—Section 2520(d)(3) of title 18,
United States Code, is amended by inserting ‘‘or 2511(2)(i)’’ after
‘‘2511(3)’’.
(f) INTERNET ADVERTISING OF ILLEGAL DEVICES.—Section
2512(1)(c) of title 18, United States Code, is amended—
(1) by inserting ‘‘or disseminates by electronic means’’ after
‘‘or other publication’’; and
(2) by inserting ‘‘knowing the content of the advertisement
and’’ before ‘‘knowing or having reason to know’’.
(g) STRENGTHENING PENALTIES.—Section 1030(c) of title 18,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (3);
(2) in each of subparagraphs (A) and (C) of paragraph (4),
by inserting ‘‘except as provided in paragraph (5),’’ before ‘‘a
fine under this title’’;
(3) in paragraph (4)(C), by striking the period at the end
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5)(A) if the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation
of subsection (a)(5)(A)(i), a fine under this title or imprisonment for not more than 20 years, or both; and
‘‘(B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection
(a)(5)(A)(i), a fine under this title or imprisonment for any term
of years or for life, or both.’’.
(h) PROVIDER ASSISTANCE.—
(1) SECTION 2703.—Section 2703(e) of title 18, United
States Code, is amended by inserting ‘‘, statutory authorization’’ after ‘‘subpoena’’.
(2) SECTION 2511.—Section 2511(2)(a)(ii) of title 18, United
States Code, is amended by inserting ‘‘, statutory authorization,’’ after ‘‘court order’’ the last place it appears.
(i) EMERGENCIES.—Section 3125(a)(1) of title 18, United States
Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) an immediate threat to a national security interest; or
‘‘(D) an ongoing attack on a protected computer (as defined in section 1030) that constitutes a crime punishable
by a term of imprisonment greater than one year;’’.
(j) PROTECTING PRIVACY.—
(1) SECTION 2511.—Section 2511(4) of title 18, United
States Code, is amended—
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as paragraph (b).
(2) SECTION 2701.—Section 2701(b) of title 18, United
States Code, is amended—
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(A) in paragraph (1), by inserting ‘‘, or in furtherance
of any criminal or tortious act in violation of the Constitution or laws of the United States or any State’’ after ‘‘commercial gain’’;
(B) in paragraph (1)(A), by striking ‘‘one year’’ and inserting ‘‘5 years’’;
(C) in paragraph (1)(B), by striking ‘‘two years’’ and inserting ‘‘10 years’’; and
(D) by striking paragraph (2) and inserting the following:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprisonment for not
more than 1 year or both, in the case of a first offense
under this paragraph; and
‘‘(B) a fine under this title or imprisonment for not
more than 5 years, or both, in the case of an offense under
this subparagraph that occurs after a conviction of another
offense under this section.’’.
Subtitle D—Office of Science and
Technology
SEC. 231. ESTABLISHMENT OF OFFICE; DIRECTOR.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is hereby established
within the
Department of Justice an Office of Science and Technology
(hereinafter in this title referred to as the ‘‘Office’’).
(2) AUTHORITY.—The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be established within the National Institute
of Justice.
(b) DIRECTOR.—The Office shall be headed by a Director, who
shall be an individual appointed based on approval by the Office
of Personnel Management of the executive qualifications of the individual.
SEC. 232. MISSION OF OFFICE; DUTIES.
(a) MISSION.—The mission of the
Office shall be—
(1) to serve as the national focal point for work on law enforcement technology; and
(2) to carry out programs that, through the provision of
equipment, training, and technical assistance, improve the
safety and effectiveness of law enforcement technology and improve access to such technology by Federal, State, and local
law enforcement agencies.
(b) DUTIES.—In carrying out its mission, the Office shall have
the following duties:
(1) To provide recommendations and advice to the Attorney General.
(2) To establish and maintain advisory groups (which shall
be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)) to assess the law enforcement technology needs of Federal, State, and local law enforcement agencies.
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(3) To establish and maintain performance standards in
accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104–113) for, and test and
evaluate law enforcement technologies that may be used by,
Federal, State, and local law enforcement agencies.
(4) To establish and maintain a program to certify, validate, and mark or otherwise recognize law enforcement technology products that conform to standards established and
maintained by the Office in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law
104–113). The program may, at the discretion of the Office,
allow for supplier’s declaration of conformity with such standards.
(5) To work with other entities within the Department of
Justice, other Federal agencies, and the executive office of the
President to establish a coordinated Federal approach on
issues related to law enforcement technology.
(6) To carry out research, development, testing, evaluation,
and cost-benefit analyses in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies
used by Federal, State, and local law enforcement agencies, including, but not limited to—
(A) weapons capable of preventing use by unauthorized persons, including personalized guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant glass;
(D) monitoring systems and alarm systems capable of
providing precise location information;
(E) wire and wireless interoperable communication
technologies;
(F) tools and techniques that facilitate investigative
and forensic work, including computer forensics;
(G) equipment for particular use in counterterrorism,
including devices and technologies to disable terrorist devices;
(H) guides to assist State and local law enforcement
agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate investigations
of computer crime.
(7) To administer a program of research, development,
testing, and demonstration to improve the interoperability of
voice and data public safety communications.
(8) To serve on the Technical Support Working Group of
the Department of Defense, and on other relevant interagency
panels, as requested.
(9) To develop, and disseminate to State and local law enforcement agencies, technical assistance and training materials
for law enforcement personnel, including prosecutors.
(10) To operate the regional National Law Enforcement
and Corrections Technology Centers and, to the extent necessary, establish additional centers through a competitive process.
(11) To administer a program of acquisition, research, development, and dissemination of advanced investigative anal-
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ysis and forensic tools to assist State and local law enforcement agencies in combating cybercrime.
(12) To support research fellowships in support of its mission.
(13) To serve as a clearinghouse for information on law enforcement technologies.
(14) To represent the United States and State and local
law enforcement agencies, as requested, in international activities concerning law enforcement technology.
(15) To enter into contracts and cooperative agreements
and provide grants, which may require in-kind or cash matches
from the recipient, as necessary to carry out its mission.
(16) To carry out other duties assigned by the Attorney
General to accomplish the mission of the Office.
(c) COMPETITION REQUIRED.—Except as otherwise expressly
provided by law, all research and development carried out by or
through the Office shall be carried out on a competitive basis.
(d) INFORMATION FROM FEDERAL AGENCIES.—Federal agencies
shall, upon request from the Office and in accordance with Federal
law, provide the Office with any data, reports, or other information
requested, unless compliance with such request is otherwise prohibited by law.
(e) PUBLICATIONS.—Decisions concerning publications issued by
the Office shall rest solely with the Director of the Office.
(f) TRANSFER OF FUNDS.—The Office may transfer funds to
other Federal agencies or provide funding to non-Federal entities
through grants, cooperative agreements, or contracts to carry out
its duties under this section: Provided, That any such transfer or
provision of funding shall be carried out in accordance with section
605 of Public Law 107–77.
(g) ANNUAL REPORT.—The Director of the Office shall include
with the budget justification materials submitted to Congress in
support of the Department of Justice budget for each fiscal year (as
submitted with the budget of the President under section 1105(a)
of title 31, United States Code) a report on the activities of the Office. Each such report shall include the following:
(1) For the period of 5 fiscal years beginning with the fiscal
year for which the budget is submitted—
(A) the Director’s assessment of the needs of Federal,
State, and local law enforcement agencies for assistance
with respect to law enforcement technology and other matters consistent with the mission of the Office; and
(B) a strategic plan for meeting such needs of such law
enforcement agencies.
(2) For the fiscal year preceding the fiscal year for which
such budget is submitted, a description of the activities carried
out by the Office and an evaluation of the extent to which
those activities successfully meet the needs assessed under
paragraph (1)(A) in previous reports.
SEC. 233. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.
For the purposes of this title, the term ‘‘law enforcement technology’’ includes investigative and forensic technologies, corrections
technologies, and technologies that support the judicial process.
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SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY
OF NATIONAL INSTITUTE OF JUSTICE; TRANSFER OF
FUNCTIONS.
(a) AUTHORITY TO TRANSFER FUNCTIONS.—The Attorney Gen-
eral may transfer to the Office any other program or activity of the
Department of Justice that the Attorney General, in consultation
with the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office.
(b) TRANSFER OF PERSONNEL AND ASSETS.—With respect to any
function, power, or duty, or any program or activity, that is established in the Office, those employees and assets of the element of
the Department of Justice from which the transfer is made that the
Attorney General determines are needed to perform that function,
power, or duty, or for that program or activity, as the case may be,
shall be transferred to the Office: Provided, That any such transfer
shall be carried out in accordance with section 605 of Public Law
107–77.
(c) REPORT ON IMPLEMENTATION.—Not later than 1 year after
the date of the enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report on the implementation of this title. The report shall—
(1) provide an accounting of the amounts and sources of
funding available to the Office to carry out its mission under
existing authorizations and appropriations, and set forth the
future funding needs of the Office; and
(2) include such other information and recommendations
as the Attorney General considers appropriate.
SEC. 235. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CENTERS.
(a) IN GENERAL.—The Director of the Office shall operate and
support National Law Enforcement and Corrections Technology
Centers (hereinafter in this section referred to as ‘‘Centers’’) and,
to the extent necessary, establish new centers through a meritbased, competitive process.
(b) PURPOSE OF CENTERS.—The purpose of the Centers shall be
to—
(1) support research and development of law enforcement
technology;
(2) support the transfer and implementation of technology;
(3) assist in the development and dissemination of guidelines and technological standards; and
(4) provide technology assistance, information, and support
for law enforcement, corrections, and criminal justice purposes.
(c) ANNUAL MEETING.—Each year, the Director shall convene a
meeting of the Centers in order to foster collaboration and communication between Center participants.
(d) REPORT.—Not later than 12 months after the date of the
enactment of this Act, the Director shall transmit to the Congress
a report assessing the effectiveness of the existing system of Centers and identify the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the
United States.
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SEC. 236. COORDINATION WITH OTHER ENTITIES WITHIN DEPARTMENT OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by inserting ‘‘coordinate and’’ before ‘‘provide’’.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTITUTE OF JUSTICE.
Section 202(c) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3722(c)) is amended—
(1) in paragraph (3) by inserting ‘‘, including cost effectiveness where practical,’’ before ‘‘of projects’’; and
(2) by striking ‘‘and’’ after the semicolon at the end of
paragraph (8), striking the period at the end of paragraph (9)
and inserting ‘‘; and’’, and by adding at the end the following:
‘‘(10) research and development of tools and technologies
relating to prevention, detection, investigation, and prosecution
of crime; and
‘‘(11) support research, development, testing, training, and
evaluation of tools and technology for Federal, State, and local
law enforcement agencies.’’.
E. ANNUAL INTELLIGENCE ACTIVITIES
AUTHORIZATION ACTS
INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2003
(Public Law 107–306; 116 Stat. 2383; approved November 27, 2002)
AN ACT To authorize appropriations for fiscal year 2003 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited
as the ‘‘Intelligence
Authorization Act for Fiscal Year 2003’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
Sec. 106.
Sec. 107.
Sec. 108.
Sec. 109.
TITLE I—INTELLIGENCE ACTIVITIES
Authorization of appropriations.
Classified schedule of authorizations.
Personnel ceiling adjustments.
Intelligence Community Management Account.
Authorization of emergency supplemental appropriations for fiscal year
2002.
Additional authorizations of appropriations for intelligence for the war on
terrorism.
Specific authorization of funds for intelligence or intelligence-related
activities for which fiscal year 2003 appropriations exceed amounts
authorized.
Incorporation of reporting requirements.
Preparation and submittal of reports, reviews, studies, and plans relating
to intelligence activities of Department of Defense or Department of
Energy.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Subtitle A—Recurring General Provisions
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.
Subtitle B—Intelligence
Sec. 311. Specificity of National Foreign Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counterintelligence.
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Sec. 312. Prohibition on compliance with requests for information submitted by
foreign governments.
Sec. 313. National Virtual Translation Center.
Subtitle C—Personnel
Sec. 321. Standards and qualifications for the performance of intelligence activities.
Sec. 322. Modification of excepted agency voluntary leave transfer authority.
Sec. 323. Sense of Congress on diversity in the workforce of intelligence community
agencies.
Sec. 324. Annual report on hiring and retention of minority employees in the intelligence community.
Sec. 325. Report on establishment of a Civilian Linguist Reserve Corps.
Subtitle D—Education
Sec. 331. Scholarships and work-study for pursuit of graduate degrees in science
and technology.
Sec. 332. Cooperative relationship between the National Security Education Program and the Foreign Language Center of the Defense Language Institute.
Sec. 333. Establishment of National Flagship Language Initiative within the National Security Education Program.
Sec. 334. Report on the National Security Education Program.
Subtitle E—Terrorism
Sec. 341. Foreign Terrorist Asset Tracking Center.
Sec. 342. Semiannual report on financial intelligence on terrorist assets (FITA).
Sec. 343. Terrorist Identification Classification System.
Subtitle F—Other Matters
Sec. 351. Additional one-year suspension of reorganization of Diplomatic Telecommunications Service Program Office.
Sec. 352. Standardized transliteration of names into the Roman alphabet.
Sec. 353. Definition of congressional intelligence committees in National Security
Act of 1947.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary Separation
Pay Act.
Sec. 402. Implementation of compensation reform plan.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counterdrug and counterterrorism activities for Colombia.
Sec. 502. Protection of operational files of the National Reconnaissance Office.
Sec. 503. Eligibility of employees in Intelligence Senior Level positions for Presidential Rank Awards.
TITLE VI—NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE
UNITED STATES
Sec. 601. Establishment of Commission.
Sec. 602. Purposes.
Sec. 603. Composition of Commission.
Sec. 604. Functions of Commission.
Sec. 605. Powers of Commission.
Sec. 606. Nonapplicability of Federal Advisory Committee Act.
Sec. 607. Staff of Commission.
Sec. 608. Compensation and travel expenses.
Sec. 609. Security clearances for Commission members and staff.
Sec. 610. Reports of Commission; termination.
Sec. 611. Funding.
Sec.
Sec.
Sec.
Sec.
701.
702.
703.
704.
TITLE VII—INFORMATION SHARING
Short title.
Findings and sense of Congress.
Facilitating homeland security information sharing procedures.
Report.
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Sec. 101
Sec. 705. Authorization of appropriations.
Sec. 706. Coordination provision.
TITLE VIII—REPORTING REQUIREMENTS
Subtitle A—Overdue Reports
Sec. 801. Deadline for submittal of various overdue reports.
Subtitle B—Submittal of Reports to Intelligence Committees
Sec. 811. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees.
Subtitle C—Recurring Annual Reports
Sec. 821. Annual report on threat of attack on the United States using weapons of
mass destruction.
Sec. 822. Annual report on covert leases.
Sec. 823. Annual report on improvement of financial statements of certain elements
of the intelligence community for auditing purposes.
Sec. 824. Annual report on activities of Federal Bureau of Investigation personnel
outside the United States.
Sec. 825. Annual reports of inspectors general of the intelligence community on
proposed resources and activities of their offices.
Sec. 826. Annual report on counterdrug intelligence matters.
Sec. 827. Annual report on foreign companies involved in the proliferation of weapons of mass destruction that raise funds in the United States capital
markets.
Subtitle D—Other Reports
Sec. 831. Report on effect of country-release restrictions on allied intelligence-sharing relationships.
Sec. 832. Evaluation of policies and procedures of Department of State on protection of classified information at department headquarters.
Subtitle E—Repeal of Certain Report Requirements
Sec. 841. Repeal of certain report requirements.
Sec.
Sec.
Sec.
Sec.
901.
902.
903.
904.
TITLE IX—COUNTERINTELLIGENCE ACTIVITIES
Short title; purpose.
National Counterintelligence Executive.
National Counterintelligence Policy Board.
Office of the National Counterintelligence Executive.
TITLE X—NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 1001. Findings.
Sec. 1002. National Commission for the Review of the Research and Development
Programs of the United States Intelligence Community.
Sec. 1003. Powers of Commission.
Sec. 1004. Staff of Commission.
Sec. 1005. Compensation and travel expenses.
Sec. 1006. Treatment of information relating to national security.
Sec. 1007. Final report; termination.
Sec. 1008. Assessments of final report.
Sec. 1009. Inapplicability of certain administrative provisions.
Sec. 1010. Funding.
Sec. 1011. Definitions.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2003 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
(1) The Central Intelligence Agency.
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(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL
CEILINGS.—
The amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 2003, for the
conduct of the intelligence and intelligence-related activities of the
elements listed in such section, are those specified in the classified
Schedule of Authorizations prepared to accompany the conference
report on H.R. 4628 of the One Hundred Seventh Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The Schedule of Authorizations shall be made available to
the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With
the approval of the
Director of the Office of Management and Budget, the Director of
Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2003
under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed 2
percent of the number of civilian personnel authorized under such
section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall notify promptly the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate whenever the Director exercises the authority granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of Central Intelligence for fiscal year 2003
the sum of $158,254,000. Within such amount, funds identified in
the classified Schedule of Authorizations referred to in section
102(a) for advanced research and development shall remain available until September 30, 2004.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Intelligence Community Management Account of the Director of
Central Intelligence are authorized 322 full-time personnel as of
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Sec. 105
September 30, 2003. Personnel serving in such elements may be
permanent employees of the Intelligence Community Management
Account or personnel detailed from other elements of the United
States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2003 such additional
amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts
for research and development shall remain available until September 30, 2004.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30,
2003, there are hereby authorized such additional personnel
for such elements as of that date as are specified in the classified Schedule of Authorizations.
(d) REIMBURSEMENT.—Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year
2003 any officer or employee of the United States or a member of
the Armed Forces who is detailed to the staff of the Intelligence
Community Management Account from another element of the
United States Government shall be detailed on a reimbursable
basis, except that any such officer, employee, or member may be
detailed on a nonreimbursable basis for a period of less than one
year for the performance of temporary functions as required by the
Director of Central Intelligence.
(e) ø21 U.S.C. 873 nt¿ NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to be appropriated in subsection (a), $34,100,000 shall be available for the
National Drug Intelligence Center. Within such amount, funds
provided for research, development, testing, and evaluation
purposes shall remain available until September 30, 2004, and
funds provided for procurement purposes shall remain available until September 30, 2005.
(2) TRANSFER OF FUNDS.—The Director of Central Intelligence shall transfer to the Attorney General funds available
for the National Drug Intelligence Center under paragraph (1).
The Attorney General shall utilize funds so transferred for the
activities of the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2002.
(a) AUTHORIZATION.—Amounts authorized to be appropriated
for fiscal year 2002 under section 101 of the Intelligence Authoriza-
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
280
tion Act for Fiscal Year 2002 (Public Law 107–108) for the conduct
of the intelligence activities of elements of the United States Government listed in such section are hereby increased, with respect
to any such authorized amount, by the amount by which appropriations pursuant to such authorization were increased by the following:
(1) The Emergency Supplemental Act, 2002 (contained in
division B of Public Law 107–117), including section 304 of
such Act (115 Stat. 2300).
(2) The 2002 Supplemental Appropriations Act for Further
Recovery From and Response To Terrorist Attacks on the
United States (Public Law 107–206), for such amounts as are
designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) RATIFICATION.—For purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure
of those amounts deemed to have been specifically authorized by
the Acts referred to in subsection (a) is hereby ratified and confirmed.
SEC. 106. ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FOR
INTELLIGENCE FOR THE WAR ON TERRORISM.
(a) IN GENERAL.—Subject to subsection (b), the amounts re-
quested in the letter dated July 3, 2002, of the President to the
Speaker of the House of Representatives, related to the Defense
Emergency Response Fund and that are designated for the incremental costs of intelligence and intelligence-related activities for
the war on terrorism are authorized.
(b) LIMITATIONS.—The amounts referred to in subsection (a)—
(1) are authorized only for activities directly related to
identifying, responding to, or protecting against acts or threatened acts of terrorism;
(2) are not authorized to correct programmatic or fiscal deficiencies in major acquisition programs which will not achieve
initial operational capabilities within two years of the date of
the enactment of this Act; and
(3) are not available until the end of the 10-day period that
begins on the date written notice is provided to the Select
Committee on Intelligence and the Committee on Appropriations of the Senate and the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the House
of Representatives.
SEC. 107. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE
OR INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR 2003 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related
activity for fiscal year 2003 in excess of the amount specified for
such activity in the classified Schedule of Authorizations prepared
to accompany this Act shall be deemed to be specifically authorized
by Congress for purposes of section 504(a)(3) of the National Security Act of 1947 (50 U.S.C. 414(a)(3)).
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 201
SEC. 108. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL.—Each requirement to submit a report
to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the
bill H.R. 4628 of the One Hundred Seventh Congress, or in the
classified annex to this Act, is hereby incorporated into this Act,
and is hereby made a requirement in law.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 109. ø50 U.S.C. 415b nt¿ PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND PLANS RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT OF DEFENSE
OR DEPARTMENT OF ENERGY.
(a) CONSULTATION IN PREPARATION.—(1) The Director of Cen-
tral Intelligence shall ensure that any report, review, study, or
plan required to be prepared or conducted by a provision of this
Act, including a provision of the classified Schedule of Authorizations referred to in section 102(a) or the classified annex to this
Act, that involves the intelligence or intelligence-related activities
of the Department of Defense or the Department of Energy is prepared or conducted in consultation with the Secretary of Defense
or the Secretary of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may
carry out any consultation required by this subsection through an
official of the Department of Defense or the Department of Energy,
as the case may be, designated by such Secretary for that purpose.
(b) SUBMITTAL.—Any report, review, study, or plan referred to
in subsection (a) shall be submitted, in addition to any other committee of Congress specified for submittal in the provision concerned, to the following committees of Congress:
(1) The Committees on Armed Services and Appropriations
and the Select Committee on Intelligence of the Senate.
(2) The Committees on Armed Services and Appropriations
and the Permanent Select Committee on Intelligence of the
House of Representatives.
TITLE
II—CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2003
the sum of $222,500,000.
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282
TITLE III—GENERAL PROVISIONS
Subtitle A—Recurring General Provisions
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central Intelligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security interests of the United States and consistent with operational and security concerns related to the conduct of intelligence activities, and
where fiscally sound, should competitively award contracts in a
manner that maximizes the procurement of products properly designated as having been made in the United States.
Subtitle B—Intelligence
SEC. 311. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET AMOUNTS FOR COUNTERTERRORISM,
COUNTERPROLIFERATION, COUNTERNARCOTICS, AND
COUNTERINTELLIGENCE.
(a) IN GENERAL.—Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.) is amended by adding at the end the following new section:
‘‘SPECIFICITY
OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET
COUNTERPROLIFERATION,
AMOUNTS
FOR
COUNTERTERRORISM,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE
‘‘SEC. 506. (a) IN GENERAL.—The budget justification materials
submitted to Congress in support of the budget of the President for
a fiscal year that is submitted to Congress under section 1105(a)
of title 31, United States Code, shall set forth separately the aggregate amount requested for that fiscal year for the National Foreign
Intelligence Program for each of the following:
‘‘(1) Counterterrorism.
‘‘(2) Counterproliferation.
‘‘(3) Counternarcotics.
‘‘(4) Counterintelligence.
‘‘(b) ELECTION OF CLASSIFIED OR UNCLASSIFIED FORM.—
Amounts set forth under subsection (a) may be set forth in unclassified form or classified form, at the election of the Director of Central Intelligence.’’.
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Sec. 321
(b) CLERICAL AMENDMENT.—The table of sections for that Act
is amended by inserting after the item relating to section 505 the
following new item:
‘‘Sec. 506. Specificity of National Foreign Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counterintelligence.’’.
SEC. 312. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR INFORMATION SUBMITTED BY FOREIGN GOVERNMENTS.
Section 552(a)(3) of title 5, United States Code, is amended—
(1) in subparagraph (A) by inserting ‘‘and except as provided in subparagraph (E),’’ after ‘‘of this subsection,’’; and
(2) by adding at the end the following:
‘‘(E) An agency, or part of an agency, that is an element of the
intelligence community (as that term is defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not
make any record available under this paragraph to—
‘‘(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any subdivision thereof; or
‘‘(ii) a representative of a government entity described in
clause (i).’’.
SEC. 313. ø50 U.S.C. 404n¿ NATIONAL VIRTUAL TRANSLATION CENTER.
(a) ESTABLISHMENT.—The Director of Central Intelligence, act-
ing as the head of the intelligence community, shall establish in
the intelligence community an element with the function of connecting the elements of the intelligence community engaged in the
acquisition, storage, translation, or analysis of voice or data in digital form.
(b) DESIGNATION.—The element established under subsection
(a) shall be known as the National Virtual Translation Center.
(c) ADMINISTRATIVE MATTERS.—(1) The Director shall retain direct supervision and control over the element established under
subsection (a).
(2) The element established under subsection (a) shall connect
elements of the intelligence community utilizing the most current
available information technology that is applicable to the function
of the element.
(d) DEADLINE FOR ESTABLISHMENT.—The element required by
subsection (a) shall be established as soon as practicable after the
date of the enactment of this Act, but not later than 90 days after
that date.
Subtitle C—Personnel
SEC. 321. STANDARDS AND QUALIFICATIONS FOR THE PERFORMANCE
OF INTELLIGENCE ACTIVITIES.
Section 104 of the National Security Act of 1947 (50 U.S.C.
403–4) is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection (g):
‘‘(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 ef-
Sec. 322
INTELLIGENCE AUTHORIZATION ACT FOR 2003
284
fected agencies, develop standards and qualifications for persons
engaged in the performance of intelligence activities within the intelligence community.’’.
SEC. 322. MODIFICATION OF EXCEPTED AGENCY VOLUNTARY LEAVE
TRANSFER AUTHORITY.
(a) IN GENERAL.—Section 6339 of title 5, United States Code,
is amended—
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by inserting after subsection (b) (as so redesignated by
paragraph (2)) the following:
‘‘(c)(1) Notwithstanding any provision of subsection (b), the
head of an excepted agency may, at his sole discretion, by regulation establish a program under which an individual employed in or
under such excepted agency may participate in a leave transfer
program established under the provisions of this subchapter outside of this section, including provisions permitting the transfer of
annual leave accrued or accumulated by such employee to, or permitting such employee to receive transferred leave from, an employee of any other agency (including another excepted agency having a program under this subsection).
‘‘(2) To the extent practicable and consistent with the protection of intelligence sources and methods, any program established
under paragraph (1) shall be consistent with the provisions of this
subchapter outside of this section and with any regulations issued
by the Office of Personnel Management implementing this subchapter.’’.
(b) CONFORMING AMENDMENTS.—Section 6339 of such title is
amended—
(1) in paragraph (2) of subsection (b) (as so redesignated
by subsection (a)(2)), by striking ‘‘under this section’’ and inserting ‘‘under this subsection’’; and
(2) in subsection (d), by striking ‘‘of Personnel Management’’.
SEC. 323. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF
INTELLIGENCE COMMUNITY AGENCIES.
(a) FINDINGS.—Congress finds the following:
(1) The United States is engaged in a war against terrorism that requires the active participation of the intelligence
community.
(2) Certain intelligence agencies, among them the Federal
Bureau of Investigation and the Central Intelligence Agency,
have announced that they will be hiring several hundred new
agents to help conduct the war on terrorism.
(3) Former Directors of the Federal Bureau of Investigation, the Central Intelligence Agency, the National Security
Agency, and the Defense Intelligence Agency have stated that
a more diverse intelligence community would be better
equipped to gather and analyze information on diverse communities.
(4) The Central Intelligence Agency and the National Security Agency were authorized to establish an undergraduate
training program for the purpose of recruiting and training minority operatives in 1987.
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Sec. 324
(5) The Defense Intelligence Agency was authorized to establish an undergraduate training program for the purpose of
recruiting and training minority operatives in 1988.
(6) The National Imagery and Mapping Agency was authorized to establish an undergraduate training program for
the purpose of recruiting and training minority operatives in
2000.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Director of the Federal Bureau of Investigation
(with respect to the intelligence and intelligence-related activities of the Bureau), the Director of Central Intelligence, the Director of the National Security Agency, and the Director of the
Defense Intelligence Agency should make the creation of a
more diverse workforce a priority in hiring decisions; and
(2) the Director of Central Intelligence, the Director of the
National Security Agency, the Director of the Defense Intelligence Agency, and the Director of the National Imagery and
Mapping Agency should increase their minority recruitment efforts through the undergraduate training program provided for
under law.
SEC. 324. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY
EMPLOYEES IN THE INTELLIGENCE COMMUNITY.
Section 114 of the National Security Act of 1947 (50 U.S.C.
404i) is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
‘‘(c) ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY
EMPLOYEES.—(1) The Director of Central Intelligence shall, on an
annual basis, submit to Congress a report on the employment of
covered persons within each element of the intelligence community
for the preceding fiscal year.
‘‘(2) Each such report shall include disaggregated data by category of covered person from each element of the intelligence community on the following:
‘‘(A) Of all individuals employed in the element during the
fiscal year involved, the aggregate percentage of such individuals who are covered persons.
‘‘(B) Of all individuals employed in the element during the
fiscal year involved at the levels referred to in clauses (i) and
(ii), the percentage of covered persons employed at such levels:
‘‘(i) Positions at levels 1 through 15 of the General
Schedule.
‘‘(ii) Positions at levels above GS–15.
‘‘(C) Of all individuals hired by the element involved during the fiscal year involved, the percentage of such individuals
who are covered persons.
‘‘(3) Each such report shall be submitted in unclassified form,
but may contain a classified annex.
‘‘(4) Nothing in this subsection shall be construed as providing
for the substitution of any similar report required under another
provision of law.
‘‘(5) In this subsection, the term ‘covered persons’ means—
‘‘(A) racial and ethnic minorities;
‘‘(B) women; and
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
286
‘‘(C) individuals with disabilities.’’.
SEC. 325. REPORT ON ESTABLISHMENT OF A CIVILIAN LINGUIST RESERVE CORPS.
(a) REPORT.—The Secretary of Defense, acting through the Di-
rector of the National Security Education Program, shall prepare
a report on the feasibility of establishing a Civilian Linguist Reserve Corps comprised of individuals with advanced levels of proficiency in foreign languages who are United States citizens who
would be available upon a call of the President to perform such
service or duties with respect to such foreign languages in the Federal Government as the President may specify. In preparing the report, the Secretary shall consult with such organizations having expertise in training in foreign languages as the Secretary determines appropriate.
(b) MATTERS CONSIDERED.—
(1) IN GENERAL.—In conducting the study, the Secretary
shall develop a proposal for the structure and operations of the
Civilian Linguist Reserve Corps. The proposal shall establish
requirements for performance of duties and levels of proficiency in foreign languages of the members of the Civilian
Linguist Reserve Corps, including maintenance of language
skills and specific training required for performance of duties
as a linguist of the Federal Government, and shall include recommendations on such other matters as the Secretary determines appropriate.
(2) CONSIDERATION OF USE OF DEFENSE LANGUAGE INSTITUTE AND LANGUAGE REGISTRIES.—In developing the proposal
under paragraph (1), the Secretary shall consider the appropriateness of using—
(A) the Defense Language Institute to conduct testing
for language skills proficiency and performance, and to
provide language refresher courses; and
(B) foreign language skill registries of the Department
of Defense or of other agencies or departments of the
United States to identify individuals with sufficient proficiency in foreign languages.
(3) CONSIDERATION OF THE MODEL OF THE RESERVE COMPONENTS OF THE ARMED FORCES.—In developing the proposal
under paragraph (1), the Secretary shall consider the provisions of title 10, United States Code, establishing and governing service in the Reserve Components of the Armed Forces,
as a model for the Civilian Linguist Reserve Corps.
(c) COMPLETION OF REPORT.—Not later than 6 months after the
date of the enactment of this Act, the Secretary shall submit to
Congress the report prepared under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Defense $300,000 to carry
out this section.
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Sec. 331
Subtitle D—Education
SEC. 331. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES IN SCIENCE AND TECHNOLOGY.
(a) PROGRAM AUTHORIZED.—The National Security Act of 1947
is amended—
(1) by redesignating title X as title XI;
(2) by redesignating section 1001 as section 1101; and
(3) by inserting after title IX the following new title X:
‘‘TITLE X—EDUCATION IN SUPPORT OF NATIONAL
INTELLIGENCE
AND WORK-STUDY FOR PURSUIT OF GRADUATE
DEGREES IN SCIENCE AND TECHNOLOGY
‘‘SCHOLARSHIPS
‘‘SEC. 1001. (a) PROGRAM AUTHORIZED.—The Director of Central Intelligence may carry out a program to provide scholarships
and work-study for individuals who are pursuing graduate degrees
in fields of study in science and technology that are identified by
the Director as appropriate to meet the future needs of the intelligence community for qualified scientists and engineers.
‘‘(b) ADMINISTRATION.—If the Director carries out the program
under subsection (a), the Director shall administer the program
through the Assistant Director of Central Intelligence for Administration.
‘‘(c) IDENTIFICATION OF FIELDS OF STUDY.—If the Director carries out the program under subsection (a), the Director shall identify fields of study under subsection (a) in consultation with the
other heads of the elements of the intelligence community.
‘‘(d) ELIGIBILITY FOR PARTICIPATION.—An individual eligible to
participate in the program is any individual who—
‘‘(1) either—
‘‘(A) is an employee of the intelligence community; or
‘‘(B) meets criteria for eligibility for employment in the
intelligence community that are established by the Director;
‘‘(2) is accepted in a graduate degree program in a field of
study in science or technology identified under subsection (a);
and
‘‘(3) is eligible for a security clearance at the level of Secret
or above.
‘‘(e) REGULATIONS.—If the Director carries out the program
under subsection (a), the Director shall prescribe regulations for
purposes of the administration of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections for the National Security Act of 1947 is amended by striking the items relating to title X and section 1001 and inserting the following new
items:
‘‘TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
‘‘Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science
and technology.
‘‘TITLE XI—OTHER PROVISIONS
‘‘Sec. 1101. Applicability to United States intelligence activities of Federal laws implementing international treaties and agreements.’’.
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288
SEC. 332. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL SECURITY EDUCATION PROGRAM AND THE FOREIGN LANGUAGE CENTER OF THE DEFENSE LANGUAGE INSTITUTE.
Section 802 of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1902) is amended by adding at the end the
following new subsection:
‘‘(h) USE OF AWARDS TO ATTEND THE FOREIGN LANGUAGE CENTER OF THE DEFENSE LANGUAGE INSTITUTE.—(1) The Secretary
shall provide for the admission of award recipients to the Foreign
Language Center of the Defense Language Institute (hereinafter in
this subsection referred to as the ‘Center’). An award recipient may
apply a portion of the applicable scholarship or fellowship award
for instruction at the Center on a space-available basis as a Department of Defense sponsored program to defray the additive instructional costs.
‘‘(2) Except as the Secretary determines necessary, an award
recipient who receives instruction at the Center shall be subject to
the same regulations with respect to attendance, discipline, discharge, and dismissal as apply to other persons attending the Center.
‘‘(3) In this subsection, the term ‘award recipient’ means an undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) or a graduate student who has been awarded
a fellowship under subsection (a)(1)(B) who—
‘‘(A) is in good standing;
‘‘(B) has completed all academic study in a foreign country,
as provided for under the scholarship or fellowship; and
‘‘(C) would benefit from instruction provided at the Center.’’.
SEC. 333. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE WITHIN THE NATIONAL SECURITY EDUCATION
PROGRAM.
(a) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—
(1) EXPANSION OF GRANT PROGRAM AUTHORITY.—Subsection
(a)(1) of section 802 of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph
(B)(ii);
(B) by striking the period at the end of subparagraph
(C) and inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(D) awarding grants to institutions of higher education to carry out activities under the National Flagship
Language Initiative (described in subsection (i)).’’.
(2) PROVISIONS OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—Such section, as amended by section 332, is further
amended by adding at the end the following new subsection:
‘‘(i) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—(1) Under the
National Flagship Language Initiative, institutions of higher education shall establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the
national security of the United States.
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Sec. 333
‘‘(2) An undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has
been awarded a fellowship under subsection (a)(1)(B) may participate in the activities carried out under the National Flagship Language Initiative.
‘‘(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) shall give special consideration to
applicants who are employees of the Federal Government.
‘‘(4) For purposes of this subsection, the Foreign Language
Center of the Defense Language Institute and any other educational institution that provides training in foreign languages operated by the Department of Defense or an agency in the intelligence community is deemed to be an institution of higher education, and may carry out the types of activities permitted under
the National Flagship Language Initiative.’’.
(3) INAPPLICABILITY OF FUNDING ALLOCATION RULES.—Subsection (a)(2) of such section is amended by adding at the end
the following flush sentences:
‘‘The funding allocation under this paragraph shall not apply
to grants under paragraph (1)(D) for the National Flagship
Language Initiative described in subsection (i). For the authorization of appropriations for the National Flagship Language
Initiative, see section 811.’’.
(4) BOARD REQUIREMENT.—Section 803(d)(4) of such Act
(50 U.S.C. 1903(d)(4)) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(E) which foreign languages are critical to the national security interests of the United States for purposes
of section 802(a)(1)(D) (relating to grants for the National
Flagship Language Initiative).’’.
(b) FUNDING.—The David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—In addition to amounts that may be made
available to the Secretary under the Fund for a fiscal year, there
is authorized to be appropriated to the Secretary for each fiscal
year, beginning with fiscal year 2003, $10,000,000, to carry out the
grant program for the National Flagship Language Initiative under
section 802(a)(1)(D).
‘‘(b) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a) shall remain available until expended.’’.
(c) ø50 U.S.C. 1902 nt¿ EFFECTIVE DATE.—The amendments
made by this section shall take effect on the date the Secretary of
Defense submits the report required under section 334 of this Act
and notifies the appropriate committees of Congress (as defined in
subsection (c) of that section) that the programs carried out under
the David L. Boren National Security Education Act of 1991 are
being managed in a fiscally and programmatically sound manner.
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290
(d) ø50 U.S.C. 1902 nt¿ CONSTRUCTION.—Nothing in this section shall be construed as affecting any program or project carried
out under the David L. Boren National Security Education Act of
1991 as in effect on the date that precedes the date of the enactment of this Act.
SEC. 334. REPORT ON THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) IN GENERAL.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the matters described in subsection (b) with respect to the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.).
(b) COVERED MATTERS.—The matters described in this subsection are as follows:
(1) EFFECTIVENESS OF PROGRAM.—An evaluation of the National Security Education Program, including an assessment of
the effectiveness of the program in meeting its goals and an assessment of the administrative costs of the program in relation
to the amounts of scholarships, fellowships, and grants awarded.
(2) CONVERSION OF FUNDING.—An assessment of the advisability of converting funding of the National Security Education Program from funding through the National Security
Education Trust Fund under section 804 of that Act (50 U.S.C.
1904) to funding through appropriations.
(3) RECOMMENDATIONS.—On any matter covered by paragraph (1) or (2), such recommendations for legislation with respect to such matter as the Secretary considers appropriate.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Select Committee on Intelligence and the Committees on Armed Services and Appropriations of the Senate; and
(2) the Permanent Select Committee on Intelligence and
the Committees on Armed Services and Appropriations of the
House of Representatives.
Subtitle E—Terrorism
SEC. 341. ø50 U.S.C. 404n–1¿ FOREIGN TERRORIST ASSET TRACKING
CENTER.
(a) ESTABLISHMENT.—The Director of Central Intelligence, act-
ing as the head of the intelligence community, shall establish in
the Central Intelligence Agency an element responsible for conducting all-source intelligence analysis of information relating to
the financial capabilities, practices, and activities of individuals,
groups, and nations associated with international terrorism in their
activities relating to international terrorism.
(b) DESIGNATION.—The element established under subsection
(a) shall be known as the Foreign Terrorist Asset Tracking Center.
(c) DEADLINE FOR ESTABLISHMENT.—The element required by
subsection (a) shall be established as soon as practicable after the
date of the enactment of this Act, but not later than 90 days after
that date.
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Sec. 342
SEC. 342. SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON
TERRORIST ASSETS (FITA).
(a) SEMIANNUAL REPORT.—
(1) IN GENERAL.—Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding at the end
the following new section:
‘‘SEMIANNUAL
REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS
‘‘SEC. 118. (a) SEMIANNUAL REPORT.—On a semiannual basis,
the Secretary of the Treasury (acting through the head of the Office
of Intelligence Support) shall submit a report to the appropriate
congressional committees that fully informs the committees concerning operations against terrorist financial networks. Each such
report shall include with respect to the preceding six-month
period—
‘‘(1) the total number of asset seizures, designations, and
other actions against individuals or entities found to have engaged in financial support of terrorism;
‘‘(2) the total number of applications for asset seizure and
designations of individuals or entities suspected of having engaged in financial support of terrorist activities that were
granted, modified, or denied;
‘‘(3) the total number of physical searches of offices, residences, or financial records of individuals or entities suspected
of having engaged in financial support for terrorist activity;
and
‘‘(4) whether the financial intelligence information seized
in these cases has been shared on a full and timely basis with
the all departments, agencies, and other entities of the United
States Government involved in intelligence activities participating in the Foreign Terrorist Asset Tracking Center.
‘‘(b) IMMEDIATE NOTIFICATION FOR EMERGENCY DESIGNATION.—
In the case of a designation of an individual or entity, or the assets
of an individual or entity, as having been found to have engaged
in terrorist activities, the Secretary of the Treasury shall report
such designation within 24 hours of such a designation to the appropriate congressional committees.
‘‘(c) SUBMITTAL DATE OF REPORTS TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case of the reports required to be
submitted under subsection (a) to the congressional intelligence
committees, the submittal dates for such reports shall be as provided in section 507.
‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’ means
the following:
‘‘(1) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on Financial
Services of the House of Representatives.
‘‘(2) The Select Committee on Intelligence, the Committee
on Appropriations, and the Committee on Banking, Housing,
and Urban Affairs of the Senate.’’.
Sec. 343
INTELLIGENCE AUTHORIZATION ACT FOR 2003
292
(2) CLERICAL AMENDMENT.—The table of contents contained in the first section of such Act is amended by inserting
after the item relating to section 117 the following new item:
‘‘Sec. 118. Semiannual report on financial intelligence on terrorist assets.’’.
(b) CONFORMING AMENDMENT.—Section 501(f) of the National
Security Act of 1947 (50 U.S.C. 413(f)) is amended by inserting before the period the following: ‘‘, and includes financial intelligence
activities’’.
SEC. 343. ø50 U.S.C. 404n–2¿ TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
(a) REQUIREMENT.—(1) The Director of Central Intelligence,
acting as head of the Intelligence Community, shall—
(A) establish and maintain a list of individuals who are
known or suspected international terrorists, and of organizations that are known or suspected international terrorist organizations; and
(B) ensure that pertinent information on the list is shared
with the departments, agencies, and organizations described by
subsection (c).
(2) The list under paragraph (1), and the mechanisms for sharing information on the list, shall be known as the ‘‘Terrorist Identification Classification System’’.
(b) ADMINISTRATION.—(1) The Director shall prescribe requirements for the inclusion of an individual or organization on the list
required by subsection (a), and for the deletion or omission from
the list of an individual or organization currently on the list.
(2) The Director shall ensure that the information utilized to
determine the inclusion, or deletion or omission, of an individual or
organization on or from the list is derived from all-source intelligence.
(3) The Director shall ensure that the list is maintained in accordance with existing law and regulations governing the collection,
storage, and dissemination of intelligence concerning United States
persons.
(c) INFORMATION SHARING.—Subject to section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403–3(c)(6)), relating to
the protection of intelligence sources and methods, the Director
shall provide for the sharing of the list, and information on the list,
with such departments and agencies of the Federal Government,
State and local government agencies, and entities of foreign governments and international organizations as the Director considers appropriate.
(d) REPORTING AND CERTIFICATION.—(1) The Director shall review on an annual basis the information provided by various departments and agencies for purposes of the list under subsection
(a) in order to determine whether or not the information so provided is derived from the widest possible range of intelligence
available to such departments and agencies.
(2) The Director shall, as a result of each review under paragraph (1), certify whether or not the elements of the intelligence
community responsible for the collection of intelligence related to
the list have provided information for purposes of the list that is
derived from the widest possible range of intelligence available to
such department and agencies.
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Sec. 343
(e) REPORT ON CRITERIA FOR INFORMATION SHARING.—(1) Not
later then March 1, 2003, the Director shall submit to the congressional intelligence committees a report describing the criteria used
to determine which types of information on the list required by
subsection (a) are to be shared, and which types of information are
not to be shared, with various departments and agencies of the
Federal Government, State and local government agencies, and entities of foreign governments and international organizations.
(2) The report shall include a description of the circumstances
in which the Director has determined that sharing information on
the list with the departments and agencies of the Federal Government, and of State and local governments, described by subsection
(c) would be inappropriate due to the concerns addressed by section
103(c)(6) of the National Security Act of 1947, relating to the protection of sources and methods, and any instance in which the
sharing of information on the list has been inappropriate in light
of such concerns.
(f) SYSTEM ADMINISTRATION REQUIREMENTS.—(1) The Director
shall, to the maximum extent practicable, ensure the interoperability of the Terrorist Identification Classification System with relevant information systems of the departments and agencies of the
Federal Government, and of State and local governments, described
by subsection (c).
(2) The Director shall ensure that the System utilizes technologies that are effective in aiding the identification of individuals
in the field.
(g) REPORT ON STATUS OF SYSTEM.—(1) Not later than one year
after the date of the enactment of this Act, the Director shall, in
consultation with the Director of Homeland Security, submit to the
congressional intelligence committees a report on the status of the
Terrorist Identification Classification System. The report shall contain a certification on the following:
(A) Whether the System contains the intelligence information necessary to facilitate the contribution of the System to
the domestic security of the United States.
(B) Whether the departments and agencies having access
to the System have access in a manner that permits such departments and agencies to carry out appropriately their domestic security responsibilities.
(C) Whether the System is operating in a manner that
maximizes its contribution to the domestic security of the
United States.
(D) If a certification under subparagraph (A), (B), or (C) is
in the negative, the modifications or enhancements of the System necessary to ensure a future certification in the positive.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
(h) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
Sec. 351
INTELLIGENCE AUTHORIZATION ACT FOR 2003
294
Subtitle F—Other Matters
SEC. 351. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION
OF DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
Section 311 of the Intelligence Authorization Act for Fiscal
Year 2002 (Public Law 107–108; 22 U.S.C. 7301 note; 115 Stat.
1401) is amended—
(1) in the heading, by striking ‘‘ONE-YEAR’’ and inserting
‘‘TWO-YEAR’’; and
(2) in the text, by striking ‘‘October 1, 2002’’ and inserting
‘‘October 1, 2003’’.
SEC. 352. ø50 U.S.C. 403–3 nt¿ STANDARDIZED TRANSLITERATION OF
NAMES INTO THE ROMAN ALPHABET.
(a) METHOD OF TRANSLITERATION REQUIRED.—Not later than
180 days after the date of the enactment of this Act, 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.
SEC. 353. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES IN NATIONAL SECURITY ACT OF 1947.
(a) IN GENERAL.—Section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended by adding at the end the following new paragraph:
‘‘(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.’’.
(b) CONFORMING AMENDMENTS.—(1) That Act is further
amended by striking ‘‘Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives’’ and inserting ‘‘congressional intelligence
committees’’ in each of the following provisions:
(A) Section 104(d)(4) (50 U.S.C. 403–4(d)(4)).
(B) Section 603(a) (50 U.S.C. 423(a)).
(2) That Act is further amended by striking ‘‘Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate’’ and inserting ‘‘congressional intelligence committees’’ in each of the following provisions:
(A) Section 301(j) (50 U.S.C. 409a(j)).
(B) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(C) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking ‘‘intelligence committees’’ and inserting ‘‘congressional intelligence committees’’ each
place it appears in each of the following provisions:
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Sec. 402
(A) Section 501 (50 U.S.C. 413).
(B) Section 502 (50 U.S.C. 413a).
(C) Section 503 (50 U.S.C. 413b).
(D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(4) Section 104(d)(5) of that Act (50 U.S.C. 403–4(d)(5)) is
amended by striking ‘‘Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the
House of Representatives’’ and inserting ‘‘congressional intelligence
committees’’.
(5) Section 105C(a)(3)(C) of that Act (50 U.S.C. 403–5c(a)(3)(C))
is amended—
(A) by striking clauses (i) and (ii) and inserting the following new clause (i):
‘‘(i) The congressional intelligence committees.’’; and
(B) by redesignating clauses (iii), (iv), (v), and (vi) as
clauses (ii), (iii), (iv), and (v), respectively.
(6) Section 114 of that Act (50 U.S.C. 404i), as amended by section 324, is amended by striking subsection (d), as so redesignated,
and inserting the following new subsection (d):
‘‘(d) CONGRESSIONAL LEADERSHIP DEFINED.—In this section,
the term ‘congressional leadership’ means the Speaker and the minority leader of the House of Representatives and the majority
leader and the minority leader of the Senate.’’.
(7) Section 501(a) of that Act (50 U.S.C. 413(a)), as amended
by paragraph (3) of this subsection, is further amended—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(8) Section 503(c)(4) of that Act (50 U.S.C. 413b(c)(4)) is
amended by striking ‘‘intelligence committee’’ and inserting ‘‘congressional intelligence committee’’.
(9) Section 602(c) of that Act (50 U.S.C. 422(c)) is amended by
striking ‘‘the Select Committee on Intelligence of the Senate or to
the Permanent Select Committee on Intelligence of the House of
Representatives’’ and inserting ‘‘either congressional intelligence
committee’’.
(10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking ‘‘intelligence committees of the Congress’’ and
inserting ‘‘congressional intelligence committees’’.
TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY
VOLUNTARY SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403–4 note) is amended—
(1) in subsection (f), by striking ‘‘September 30, 2003’’ and
inserting ‘‘September 30, 2005’’; and
(2) in subsection (i), by striking ‘‘or 2003’’ and inserting
‘‘2003, 2004, or 2005’’.
SEC. 402. ø50 U.S.C. 403–4 nt¿ IMPLEMENTATION OF COMPENSATION
REFORM PLAN.
(a) DELAY ON IMPLEMENTATION ON COMPENSATION REFORM
PLAN.—(1) The Director of Central Intelligence may not implement
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
296
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.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC.
501.
USE
OF
FUNDS
FOR
COUNTERDRUG
COUNTERTERRORISM ACTIVITIES FOR COLOMBIA.
AUTHORITY.—Funds designated for intelligence or
AND
(a)
intelligence-related purposes for assistance to the Government of Colombia for counterdrug activities for fiscal years 2002 and 2003,
and any unobligated funds available to any element of the intelligence community for such activities for a prior fiscal year, shall
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Sec. 501
be available to support a unified campaign against narcotics trafficking and against activities by organizations designated as terrorist organizations (such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the
United Self-Defense Forces of Colombia (AUC)), and to take actions
to protect human health and welfare in emergency circumstances,
including undertaking rescue operations.
(b) REQUIREMENT FOR CERTIFICATION.—(1) The authorities provided in subsection (a) shall not be exercised until the Secretary of
Defense certifies to the Congress that the provisions of paragraph
(2) have been complied with.
(2) In order to ensure the effectiveness of United States support for such a unified campaign, prior to the exercise of the authority contained in subsection (a), the Secretary of State shall report to the appropriate committees of Congress that the newly
elected President of Colombia has—
(A) committed, in writing, to establish comprehensive
policies to combat illicit drug cultivation, manufacturing,
and trafficking (particularly with respect to providing economic opportunities that offer viable alternatives to illicit
crops) and to restore government authority and respect for
human rights in areas under the effective control of paramilitary and guerrilla organizations;
(B) committed, in writing, to implement significant
budgetary and personnel reforms of the Colombian Armed
Forces; and
(C) committed, in writing, to support substantial additional Colombian financial and other resources to implement such policies and reforms, particularly to meet the
country’s previous commitments under ‘‘Plan Colombia’’.
In this paragraph, the term ‘‘appropriate committees of Congress’’
means the Permanent Select Committee on Intelligence and the
Committees on Appropriations and Armed Services of the House of
Representatives and the Select Committee on Intelligence and the
Committees on Appropriations and Armed Services of the Senate.
(c) TERMINATION OF AUTHORITY.—The authority provided in
subsection (a) shall cease to be effective if the Secretary of Defense
has credible evidence that the Colombian Armed Forces are not
conducting vigorous operations to restore government authority
and respect for human rights in areas under the effective control
of paramilitary and guerrilla organizations.
(d) APPLICATION OF CERTAIN PROVISIONS OF LAW.—Sections
556, 567, and 568 of Public Law 107–115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical
limitations on the number of United States military personnel and
United States individual civilian contractors in section 3204(b)(1) of
Public Law 106–246 shall be applicable to funds made available
pursuant to the authority contained in subsection (a).
(e) LIMITATION ON PARTICIPATION OF UNITED STATES PERSONNEL.—No United States Armed Forces personnel or United
States civilian contractor employed by the United States will participate in any combat operation in connection with assistance
made available under this section, except for the purpose of acting
in self defense or rescuing any United States citizen to include
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
298
United States Armed Forces personnel, United States civilian employees, and civilian contractors employed by the United States.
SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by inserting after section 105C
(50 U.S.C. 403–5c) the following new section:
‘‘PROTECTION
OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE
‘‘SEC. 105D. (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, United States Code, which require publication, disclosure, search, or review in connection therewith.
‘‘(2)(A) Subject to subparagraph (B), for the purposes of this
section, the term ‘operational files’ means files of the National Reconnaissance Office (hereafter in this section referred to as ‘NRO’)
that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
‘‘(B) Files which are the sole repository of disseminated intelligence are not operational files.
‘‘(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning—
‘‘(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title
5, United States Code;
‘‘(B) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
‘‘(C) the specific subject matter of an investigation by any
of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
‘‘(i) The Permanent Select Committee on Intelligence
of the House of Representatives.
‘‘(ii) The Select Committee on Intelligence of the Senate.
‘‘(iii) The Intelligence Oversight Board.
‘‘(iv) The Department of Justice.
‘‘(v) The Office of General Counsel of NRO.
‘‘(vi) The Office of the Director of NRO.
‘‘(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.
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Sec. 502
‘‘(C) The declassification of some of the information contained
in exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or
disclosure.
‘‘(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted
under paragraph (1) and which have been returned to exempted
operational files for sole retention shall be subject to search and review.
‘‘(5) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the
enactment of this section, and which specifically cites and repeals
or modifies its provisions.
‘‘(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title
5, United States Code, alleges that NRO has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in
section 552(a)(4)(B) of title 5, United States Code.
‘‘(B) Judicial review shall not be available in the manner provided for under subparagraph (A) as follows:
‘‘(i) In any case in which information specifically authorized under criteria established by an Executive order to be
kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by NRO, such information shall be examined ex parte, in camera by the court.
‘‘(ii) The court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of
the parties.
‘‘(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
‘‘(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NRO shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating to
the court by sworn written submission that exempted operational files likely to contain 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
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300
operational file or files for the requested records and make
such records, or portions thereof, available in accordance with
the provisions of section 552 of title 5, United States Code, and
such order shall be the exclusive remedy for failure to comply
with this subsection.
‘‘(vii) If at any time following the filing of a complaint pursuant to this paragraph NRO agrees to search the appropriate
exempted operational file or files for the requested records, the
court shall dismiss the claim based upon such complaint.
‘‘(viii) Any information filed with, or produced for the court
pursuant to clauses (i) and (iv) shall be coordinated with the
Director of 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) 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 the date of the enactment of this section or before the
expiration of the 10-year period beginning on the date of the
most recent review.
‘‘(B) Whether NRO, in fact, considered the criteria set forth
in paragraph (2) in conducting the required review.’’.
(b) CLERICAL AMENDMENT.—The table of sections for that Act
is amended by inserting after the item relating to section 105C the
following new item:
‘‘Sec. 105D. Protection of operational files of the National Reconnaissance Office.’’.
SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR
LEVEL POSITIONS FOR PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) AWARD OF RANK TO EMPLOYEES IN INTELLIGENCE SENIOR
LEVEL POSITIONS.—The President, based on the recommendations
of the Secretary of Defense, may award a rank referred to in section 4507a of title 5 to employees in Intelligence Senior Level positions designated under subsection (a). The award of such rank shall
be made in a manner consistent with the provisions of that section.’’.
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 603
TITLE VI—NATIONAL COMMISSION ON
TERRORIST ATTACKS UPON THE
UNITED STATES
SEC. 601. ø6 U.S.C. 101 nt¿ ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on Terrorist Attacks Upon the United States (in this
title referred to as the ‘‘Commission’’).
SEC. 602. ø6 U.S.C. 101 nt¿ PURPOSES.
The purposes of the Commission are to—
(1) examine and report upon the facts and causes relating
to the terrorist attacks of September 11, 2001, occurring at the
World Trade Center in New York, New York, in Somerset
County, Pennsylvania, and at the Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts
and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of—
(A) the Joint Inquiry of the Select Committee on Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives regarding
the terrorist attacks of September 11, 2001, (hereinafter in
this title referred to as the ‘‘Joint Inquiry’’); and
(B) other executive branch, congressional, or independent commission investigations into the terrorist attacks of September 11, 2001, other terrorist attacks, and
terrorism generally;
(4) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the
United States’ preparedness for, and immediate response to,
the attacks; and
(5) investigate and report to the President and Congress
on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism.
SEC. 603. ø6 U.S.C. 101 nt¿ COMPOSITION OF COMMISSION.
(a) MEMBERS.—The Commission shall be composed
of 10 members, of whom—
(1) 1 member shall be appointed by the President, who
shall serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the case
may be) of the Democratic Party, who shall serve as vice chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the Republican Party;
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
302
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the Democratic Party.
(b) QUALIFICATIONS; INITIAL MEETING.—
(1) POLITICAL PARTY AFFILIATION.—Not more than 5 members of the Commission shall be from the same political party.
(2) NONGOVERNMENTAL APPOINTEES.—An individual appointed to the Commission may not be an officer or employee
of the Federal Government or any State or local government.
(3) OTHER QUALIFICATIONS.—It is the sense of Congress
that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, commerce (including
aviation matters), and foreign affairs.
(4) DEADLINE FOR APPOINTMENT.—All members of the
Commission shall be appointed on or before December 15,
2002.
(5) INITIAL MEETING.—The Commission shall meet and
begin the operations of the Commission as soon as practicable.
(c) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of
its members. Six members of the Commission shall constitute a
quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original
appointment was made.
SEC. 604. ø6 U.S.C. 101 nt¿ FUNCTIONS OF COMMISSION.
(a) IN GENERAL.—The functions of the Commission
are to—
(1) conduct an investigation that—
(A) investigates relevant facts and circumstances relating to the terrorist attacks of September 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and
(B) may include relevant facts and circumstances relating to—
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and border
control;
(v) the flow of assets to terrorist organizations;
(vi) commercial aviation;
(vii) the role of congressional oversight and resource allocation; and
(viii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the
structure, coordination, management policies, and procedures
of the Federal Government, and, if appropriate, State and local
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Sec. 605
governments and nongovernmental entities, relative to detecting, preventing, and responding to such terrorist attacks; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings, conclusions,
and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations.
(b) RELATIONSHIP TO INTELLIGENCE COMMITTEES’ INQUIRY.—
When investigating facts and circumstances relating to the intelligence community, the Commission shall—
(1) first review the information compiled by, and the findings, conclusions, and recommendations of, the Joint Inquiry;
and
(2) after that review pursue any appropriate area of inquiry if the Commission determines that—
(A) the Joint Inquiry had not investigated that area;
(B) the Joint Inquiry’s investigation of that area had
not been complete; or
(C) new information not reviewed by the Joint Inquiry
had become available with respect to that area.
SEC. 605. ø6 U.S.C. 101 nt¿ POWERS OF COMMISSION.
(a) IN GENERAL.—
(1) HEARINGS AND EVIDENCE.—The Commission
or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title—
(A) hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by subpoena
or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the
Commission or such designated subcommittee or designated member may determine advisable.
(2) SUBPOENAS.—
(A) ISSUANCE.—
(i) IN GENERAL.—A subpoena may be issued under
this subsection only—
(I) by the agreement of the chairman and the
vice chairman; or
(II) by the affirmative vote of 6 members of
the Commission.
(ii) SIGNATURE.—Subject to clause (i), subpoenas
issued under this subsection may be issued under the
signature of the chairman or any member designated
by a majority of the Commission, and may be served
by any person designated by the chairman or by a
member designated by a majority of the Commission.
(B) ENFORCEMENT.—
(i) IN GENERAL.—In the case of contumacy or failure to obey a subpoena issued under subsection (a),
the United States district court for the judicial district
in which the subpoenaed person resides, is served, or
may be found, or where the subpoena is returnable,
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
304
may issue an order requiring such person to appear at
any designated place to testify or to produce documentary or other evidence. Any failure to obey the order
of the court may be punished by the court as a contempt of that court.
(ii) ADDITIONAL ENFORCEMENT.—In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this section, the Commission may, by majority vote, certify a
statement of fact constituting such failure to the appropriate United States attorney, who may bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a certification
under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).
(b) CONTRACTING.—The Commission may, to such extent and
in such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under
this title.
(c) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates,
and statistics for the purposes of this title. Each department,
bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by
law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the
chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.
(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent
with all applicable statutes, regulations, and Executive orders.
(d) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission on
a reimbursable basis administrative support and other services
for the performance of the Commission’s functions.
(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to
the assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized by
law.
(e) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
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Sec. 608
SEC. 606. ø6 U.S.C. 101 nt¿ NONAPPLICABILITY OF FEDERAL ADVISORY
COMMITTEE ACT.
(a) IN GENERAL.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF
REPORTS.—The Commission shall—
(1) hold public hearings and meetings to the extent appropriate; and
(2) release public versions of the reports required under
section 610(a) and (b).
(c) PUBLIC HEARINGS.—Any public hearings of the Commission
shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.
SEC. 607. ø6 U.S.C. 101 nt¿ STAFF OF COMMISSION.
(a) IN GENERAL.—
(1) APPOINTMENT AND COMPENSATION.—The
chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may
be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable for
a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(2) PERSONNEL AS FEDERAL EMPLOYEES.—
(A) IN GENERAL.—The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code,
for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90
of that title.
(B) MEMBERS OF COMMISSION.—Subparagraph (A)
shall not be construed to apply to members of the Commission.
(b) DETAILEES.—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.
(c) CONSULTANT SERVICES.—The Commission is authorized to
procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
SEC. 608. ø6 U.S.C. 101 nt¿ COMPENSATION AND TRAVEL EXPENSES.
(a) COMPENSATION.—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
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
306
day during which that member is engaged in the actual performance of the duties of the Commission.
(b) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service
are allowed expenses under section 5703(b) of title 5, United States
Code.
SEC. 609. ø6 U.S.C. 101 nt¿ SECURITY CLEARANCES FOR COMMISSION
MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances.
SEC. 610. ø6 U.S.C. 101 nt¿ REPORTS OF COMMISSION; TERMINATION.
(a) INTERIM REPORTS.—The Commission may submit to the
President and Congress interim reports containing such findings,
conclusions, and recommendations for corrective measures as have
been agreed to by a majority of Commission members.
(b) FINAL REPORT.—Not later than 18 months after the date of
the enactment of this Act, the Commission shall submit to the
President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have
been agreed to by a majority of Commission members.
(c) TERMINATION.—
(1) IN GENERAL.—The Commission, and all the authorities
of this title, shall terminate 60 days after the date on which
the final report is submitted under subsection (b).
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The
Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 611. ø6 U.S.C. 101 nt¿ FUNDING.
(a) TRANSFER FROM THE NATIONAL
PROGRAM.—Of the amounts authorized to
FOREIGN INTELLIGENCE
be appropriated by this
Act and made available in public law 107–248 (Department of Defense Appropriations Act, 2003) for the National Foreign Intelligence Program, not to exceed $3,000,000 shall be available for
transfer to the Commission for purposes of the activities of the
Commission under this title.
(b) DURATION OF AVAILABILITY.—Amounts made available to
the Commission under subsection (a) shall remain available until
the termination of the Commission.
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Sec. 702
TITLE VII—INFORMATION SHARING 1
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Homeland Security Information
Sharing Act’’.
SEC. 702. FINDINGS AND SENSE OF CONGRESS.
(a) FINDINGS.—The Congress finds the following:
(1) The Federal Government is required by the Constitution to provide for the common defense, which includes defense
against terrorist attacks.
(2) The Federal Government relies on State and local personnel to protect against terrorist attacks.
(3) The Federal Government collects, creates, manages,
and protects classified and sensitive but unclassified information to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for terrorist
attacks.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected status of such information and to protect the sources and methods
used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information regarding specific terrorist threats among Federal, State, and
local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and local
personnel without the need for granting additional security
clearances.
(8) State and local personnel have capabilities and opportunities to gather information on suspicious activities and terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments and agencies in other jurisdictions may benefit from
such information.
(10) Federal, State, and local governments and intelligence, law enforcement, and other emergency preparation
and response agencies must act in partnership to maximize the
benefits of information gathering and analysis to prevent and
respond to terrorist attacks.
(11) Information systems, including the National Law Enforcement Telecommunications System and the Terrorist
Threat Warning System, have been established for rapid sharing of classified and sensitive but unclassified information
among Federal, State, and local entities.
(12) Increased efforts to share homeland security information should avoid duplicating existing information systems.
1 Section 706(b) of this Act (116 Stat. 2417) provides:
‘‘(b) SUBSEQUENT ENACTMENT.—If the Homeland Security Act of 2002 [November 25, 2002] is
enacted before this Act [November 27, 2002], then this title shall not take effect.’’
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
308
(b) SENSE OF CONGRESS.—It is the sense of Congress that Federal, State, and local entities should share homeland security information to the maximum extent practicable, with special emphasis
on hard-to-reach urban and rural communities.
SEC. 703. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES.
(a) PROCEDURES FOR DETERMINING EXTENT OF SHARING OF
HOMELAND SECURITY INFORMATION.—(1) The President shall pre-
scribe and implement procedures under which relevant Federal
agencies determine—
(A) whether, how, and to what extent homeland security
information may be shared with appropriate State and local
personnel, and with which such personnel it may be shared;
(B) how to identify and safeguard homeland security information that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
whether, how, and to what extent to remove classified information, as appropriate, and with which such personnel it may be
shared after such information is removed.
(2) The President shall ensure that such procedures apply to
all agencies of the Federal Government.
(3) Such procedures shall not change the substantive requirements for the classification and safeguarding of classified information.
(4) Such procedures shall not change the requirements and authorities to protect sources and methods.
(b) PROCEDURES FOR SHARING OF HOMELAND SECURITY INFORMATION.—(1) Under procedures prescribed by the President, all appropriate agencies, including the intelligence community, shall,
through information sharing systems, share homeland security information with appropriate State and local personnel to the extent
such information may be shared, as determined in accordance with
subsection (a), together with assessments of the credibility of such
information.
(2) Each information sharing system through which information is shared under paragraph (1) shall—
(A) have the capability to transmit unclassified or classified information, though the procedures and recipients for each
capability may differ;
(B) have the capability to restrict delivery of information
to specified subgroups by geographic location, type of organization, position of a recipient within an organization, or a recipient’s need to know such information;
(C) be configured to allow the efficient and effective sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall establish conditions on the use of information shared under paragraph
(1)—
(A) to limit the redissemination of such information to ensure that such information is not used for an unauthorized
purpose;
(B) to ensure the security and confidentiality of such information;
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 703
(C) to protect the constitutional and statutory rights of any
individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal
and destruction of obsolete or erroneous names and information.
(4) The procedures prescribed under paragraph (1) shall ensure, to the greatest extent practicable, that the information sharing system through which information is shared under such paragraph include existing information sharing systems, including, but
not limited to, the National Law Enforcement Telecommunications
System, the Regional Information Sharing System, and the Terrorist Threat Warning System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing system
through which information is shared under paragraph (1), and
shall therefore have access to all information, as appropriate,
shared under such paragraph.
(6) The procedures prescribed under paragraph (1) shall ensure
that appropriate State and local personnel are authorized to use
such information sharing systems—
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such information sharing systems, the homeland security information of
their own jurisdictions, which shall be marked appropriately as
pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of Central Intelligence and the Attorney General, each appropriate Federal agency, as determined by the President, shall review and assess the information shared under paragraph (6) and integrate
such information with existing intelligence.
(c) SHARING OF CLASSIFIED INFORMATION AND SENSITIVE BUT
UNCLASSIFIED INFORMATION WITH STATE AND LOCAL PERSONNEL.—
(1) The President shall prescribe procedures under which Federal
agencies may, to the extent the President considers necessary,
share with appropriate State and local personnel homeland security information that remains classified or otherwise protected after
the determinations prescribed under the procedures set forth in
subsection (a).
(2) It is the sense of Congress that such procedures may include one or more of the following means:
(A) Carrying out security clearance investigations with respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but unclassified, entering into nondisclosure agreements with appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the
Joint Terrorism Task Forces of the Federal Bureau of Investigation, the Anti-Terrorism Task Forces of the Department of
Justice, and regional Terrorism Early Warning Groups.
(d) RESPONSIBLE OFFICIALS.—For each affected Federal agency,
the head of such agency shall designate an official to administer
this title with respect to such agency.
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
310
(e) FEDERAL CONTROL OF INFORMATION.—Under procedures
prescribed under this section, information obtained by a State or
local government from a Federal agency under this section shall remain under the control of the Federal agency, and a State or local
law authorizing or requiring such a government to disclose information shall not apply to such information.
(f) DEFINITIONS.—As used in this section:
(1) The term ‘‘homeland security information’’ means any
information (other than information that includes individually
identifiable information collected solely for statistical purposes)
possessed by a Federal, State, or local agency that—
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or disrupt terrorist activity;
(C) would improve the identification or investigation of
a suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
(2) The term ‘‘intelligence community’’ has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(3) The term ‘‘State and local personnel’’ means any of the
following persons involved in prevention, preparation, or response for terrorist attacks:
(A) State Governors, mayors, and other locally elected
officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management
agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency personnel.
(F) Employees of private sector entities that affect critical infrastructure, cyber, economic, or public health security, as designated by the Federal Government in procedures developed pursuant to this section.
(4) The term ‘‘State’’ includes the District of Columbia and
any commonwealth, territory, or possession of the United
States.
SEC. 704. REPORT.
(a) REPORT REQUIRED.—Not
later than 12 months after the
date of the enactment of this Act, the President shall submit to the
congressional committees specified in subsection (b) a report on the
implementation of section 703. The report shall include any recommendations for additional measures or appropriation requests,
beyond the requirements of section 703, to increase the effectiveness of sharing of information between and among Federal, State,
and local entities.
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees referred to in subsection (a) are the following
committees:
(1) The Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representatives.
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(2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out section 703.
SEC. 706. COORDINATION PROVISION.
(a) PRIOR ENACTMENT.—If this Act
is enacted before the Homeland Security Act of 2002, then upon the date of the enactment of
the Homeland Security Act of 2002, this title shall be deemed for
all purposes not to have taken effect and shall cease to be in effect.
(b) SUBSEQUENT ENACTMENT.—If the Homeland Security Act of
2002 is enacted before this Act, then this title shall not take effect.
TITLE VIII—REPORTING
REQUIREMENTS
Subtitle A—Overdue Reports
SEC. 801. ø50 U.S.C. 415b nt¿ DEADLINE FOR SUBMITTAL OF VARIOUS
OVERDUE REPORTS.
(a) DEADLINE.—The reports described in subsection (c) shall be
submitted to Congress not later than 180 days after the date of the
enactment of this Act.
(b) NONCOMPLIANCE.—(1) If all the reports described in subsection (c) are not submitted to Congress by the date specified in
subsection (a), amounts available to be obligated or expended after
that date to carry out the functions or duties of the Office of the
Director of Central Intelligence shall be reduced by 1⁄3.
(2) The reduction applicable under paragraph (1) shall not
apply if the Director of Central Intelligence certifies to Congress by
the date referred to in subsection (a) that all reports referred to in
subsection (c) have been submitted to Congress.
(c) REPORTS DESCRIBED.—The reports referred to in subsection
(a) are reports mandated by law for which the Director of Central
Intelligence has sole or primary responsibility to prepare, coordinate, and submit to Congress which, as of the date of the enactment of this Act, have not been submitted to Congress.
Subtitle B—Submittal of Reports to
Intelligence Committees
SEC. 811. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) IN GENERAL.—(1) Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 311 of this Act,
is further amended by adding at the end the following new section:
‘‘DATES
FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL
REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES
‘‘SEC. 507. (a) ANNUAL REPORTS.—(1) The date for the submittal to the congressional intelligence committees of the following
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annual reports shall be the date each year provided in subsection
(c)(1)(A):
‘‘(A) The annual evaluation of the performance and responsiveness of certain elements of the intelligence community required by section 105(d).
‘‘(B) The annual report on intelligence required by section
109.
‘‘(C) The annual report on intelligence community cooperation with Federal law enforcement agencies required by section
114(a)(2).
‘‘(D) The annual report on the protection of the identities
of covert agents required by section 603.
‘‘(E) The annual report of the Inspectors Generals of the
intelligence community on proposed resources and activities of
their offices required by section 8H(g) of the Inspector General
Act of 1978.
‘‘(F) The annual report on commercial activities as security
for intelligence collection required by section 437(c) of title 10,
United States Code.
‘‘(G)
The
annual
report
on
expenditures
for
postemployment assistance for terminated intelligence employees required by section 1611(e)(2) of title 10, United States
Code.
‘‘(H) The annual update on foreign industrial espionage required by section 809(b) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–
359; 50 U.S.C. App. 2170b(b)).
‘‘(I) The annual report on coordination of counterintelligence matters with the Federal Bureau of Investigation required by section 811(c)(6) of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 402a(c)(6)).
‘‘(J) The annual report on foreign companies involved in
the proliferation of weapons of mass destruction that raise
funds in the United States capital markets required by section
827 of the Intelligence Authorization Act for Fiscal Year 2003.
‘‘(K) The annual report on certifications for immunity in
interdiction of aircraft engaged in illicit drug trafficking required by section 1012(c)(2) of the National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291–4(c)(2)).
‘‘(L) The annual report on exceptions to consumer disclosure requirements for national security investigations under
section 604(b)(4)(E) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)(E)).
‘‘(M) The annual report on activities under the David L.
Boren National Security Education Act of 1991 (title VIII of
Public Law 102–183; 50 U.S.C. 1901 et seq.) required by section 806(a) of that Act (50 U.S.C. 1906(a)).
‘‘(N) The annual report on hiring and retention of minority
employees in the intelligence community required by section
114(c).
‘‘(2) The date for the submittal to the congressional intelligence
committees of the following annual reports shall be the date each
year provided in subsection (c)(1)(B):
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‘‘(A) The annual report on the safety and security of Russian nuclear facilities and nuclear military forces required by
section 114(b).
‘‘(B) The annual report on the threat of attack on the
United States from weapons of mass destruction required by
section 114(d).
‘‘(C) The annual report on covert leases required by section
114(e).
‘‘(D) The annual report on improvements of the financial
statements of the intelligence community for auditing purposes
required by section 114A.
‘‘(E) The annual report on activities of personnel of the
Federal Bureau of Investigation outside the United States required by section 540C(c)(2) of title 28, United States Code.
‘‘(F) The annual report on intelligence activities of the People’s Republic of China required by section 308(c) of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law
105–107; 50 U.S.C. 402a note).
‘‘(G) The annual report on counterdrug intelligence matters required by section 826 of the Intelligence Authorization
Act for Fiscal Year 2003.
‘‘(b) SEMIANNUAL REPORTS.—The dates for the submittal to the
congressional intelligence committees of the following semiannual
reports shall be the dates each year provided in subsection (c)(2):
‘‘(1) The periodic reports on intelligence provided to the
United Nations required by section 112(b).
‘‘(2) The semiannual reports on the Office of the Inspector
General of the Central Intelligence Agency required by section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(1)).
‘‘(3) The semiannual reports on decisions not to prosecute
certain violations of law under the Classified Information Procedures Act (18 U.S.C. App.) as required by section 13 of that
Act.
‘‘(4) The semiannual reports on the acquisition of technology relating to weapons of mass destruction and advanced
conventional munitions required by section 721(b) of the Combatting Proliferation of Weapons of Mass Destruction Act of
1996 (title VII of Public Law 104–293; 50 U.S.C. 2366(b)).
‘‘(5) The semiannual reports on the activities of the Diplomatic Telecommunications Service Program Office (DTS–PO)
required by section 322(a)(6)(D)(ii) of the Intelligence Authorization Act for Fiscal Year 2001 (22 U.S.C. 7302(a)(6)(D)(ii)).
‘‘(6) The semiannual reports on the disclosure of information and consumer reports to the Federal Bureau of Investigation for counterintelligence purposes required by section
624(h)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681u(h)(2)).
‘‘(7) The semiannual provision of information on requests
for financial information for foreign counterintelligence purposes required by section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
‘‘(8) The semiannual report on financial intelligence on terrorist assets required by section 118.
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‘‘(c) SUBMITTAL DATES FOR REPORTS.—(1)(A) Except as provided in subsection (d), each annual report listed in subsection
(a)(1) shall be submitted not later than February 1.
‘‘(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than December 1.
‘‘(2) Except as provided in subsection (d), each semiannual report listed in subsection (b) shall be submitted not later than February 1 and August 1.
‘‘(d) POSTPONEMENT OF SUBMITTAL.—(1) Subject to paragraph
(3), the date for the submittal of—
‘‘(A) an annual report listed in subsection (a)(1) may be
postponed until March 1;
‘‘(B) an annual report listed in subsection (a)(2) may be
postponed until January 1; and
‘‘(C) a semiannual report listed in subsection (b) may be
postponed until March 1 or September 1, as the case may be,
if the official required to submit such report submits to the congressional intelligence committees a written notification of such
postponement.
‘‘(2)(A) Notwithstanding any other provision of law and subject
to paragraph (3), the date for the submittal to the congressional intelligence committees of any report described in subparagraph (B)
may be postponed by not more than 30 days from the date otherwise specified in the provision of law for the submittal of such report if the official required to submit such report submits to the
congressional intelligence committees a written notification of such
postponement.
‘‘(B) A report described in this subparagraph is any report on
intelligence or intelligence-related activities of the United States
Government that is submitted under a provision of law requiring
the submittal of only a single report.
‘‘(3)(A) The date for the submittal of a report whose submittal
is postponed under paragraph (1) or (2) may be postponed beyond
the time provided for the submittal of such report under such paragraph if the official required to submit such report submits to the
congressional intelligence committees a written certification that
preparation and submittal of such report at such time will impede
the work of officers or employees of the intelligence community in
a manner that will be detrimental to the national security of the
United States.
‘‘(B) A certification with respect to a report under subparagraph (A) shall include a proposed submittal date for such report,
and such report shall be submitted not later than that date.’’.
(2) The table of sections for the National Security Act of 1947,
as amended by section 311 of this Act, is further amended by inserting after the item relating to section 506 the following new
item:
‘‘Sec. 507. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees.’’.
(b) CONFORMING
QUIREMENTS.—
AMENDMENTS
TO
EXISTING REPORTING RE-
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(1) NATIONAL SECURITY ACT OF 1947.—(A) Subsection (d) of
section 105 of the National Security Act of 1947 (50 U.S.C.
403–5) is amended to read as follows:
‘‘(d) ANNUAL EVALUATION OF PERFORMANCE AND RESPONSIVENESS OF CERTAIN ELEMENTS OF INTELLIGENCE COMMUNITY.—(1)
Not later each year than the date provided in section 507, 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.’’.
(B) Section 109 of that Act (50 U.S.C. 404d) is amended—
(i) in subsection (a), by striking paragraph (1) and inserting the following new paragraph (1):
‘‘(1)(A) Not later each year than the date provided in section
507, the President shall submit to the congressional intelligence
committees a report on the requirements of the United States for
intelligence and the activities of the intelligence community.
‘‘(B) Not later than January 31 each year, and included with
the budget of the President for the next fiscal year under section
1105(a) of title 31, United States Code, the President shall submit
to the appropriate congressional committees the report described in
subparagraph (A).’’;
(ii) in subsection (c), as amended by section 803(a) of
the Intelligence Renewal and Reform Act of 1996 (title
VIII of Public Law 104–293; 110 Stat. 3475)—
(I) in paragraph (1), by striking ‘‘The Select Committee on Intelligence, the Committee on Appropriations,’’ and inserting ‘‘The Committee on Appropriations’’; and
(II) in paragraph (2), by striking ‘‘The Permanent
Select Committee on Intelligence, the Committee on
Appropriations,’’ and inserting ‘‘The Committee on Appropriations’’; and
(iii) by striking subsection (c), as added by section
304(a) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103–178; 107 Stat. 2034).
(C) Section 112(b) of that Act (50 U.S.C. 404g(b)) is amended by adding at the end the following new paragraph:
‘‘(3) In the case of periodic reports required to be submitted
under the first sentence of paragraph (1) to the congressional intelligence committees, the submittal dates for such reports shall be as
provided in section 507.’’.
(D) Section 114 of that Act (50 U.S.C. 404i) is amended—
(i) in subsection (a)—
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316
(I) in paragraph (1), by striking ‘‘the congressional
intelligence committees and’’;
(II) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(III) by inserting after paragraph (1) the following
new paragraph (2):
‘‘(2) Not later each year than the date provided in section 507,
the Director shall submit to the congressional intelligence committees the report required to be submitted under paragraph (1) during the preceding year.’’; and
(ii) in subsection (b)(1), by striking ‘‘, on an annual
basis’’ and all that follows through ‘‘leadership’’ and inserting ‘‘submit to the congressional leadership on an annual
basis, and to the congressional intelligence committees on
the date each year provided in section 507,’’.
(E) Section 603 of that Act (50 U.S.C. 423) is amended—
(i) in subsection (a), by adding at the end the following
new sentence: ‘‘The date for the submittal of the report
shall be the date provided in section 507.’’; and
(ii) in subsection (b), by striking the second sentence.
(2) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—Section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(1)) is amended in the second sentence by striking ‘‘Within thirty days of receipt of such reports,’’ and inserting ‘‘Not later than the dates each year provided for the transmittal of such reports in section 507 of the National Security
Act of 1947,’’.
(3) CLASSIFIED INFORMATION PROCEDURES ACT.—Section 13
of the Classified Information Procedures Act (18 U.S.C. App.)
is amended—
(A) by redesignating subsection (b) as subsection (c);
and
(B) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) In the case of the semiannual reports (whether oral or
written) required to be submitted under subsection (a) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in
section 507 of the National Security Act of 1947.’’.
(4) TITLE 10, UNITED STATES CODE.—(A) Section 437 of title
10, United States Code, is amended—
(i) in subsection (c), by striking ‘‘Not later than’’ and
all that follows through ‘‘of Congress’’ and inserting ‘‘Not
later each year than the date provided in section 507 of
the National Security Act of 1947, the Secretary shall submit to the congressional intelligence committees (as defined in section 3 of that Act (50 U.S.C. 401a))’’; and
(ii) by striking subsection (d).
(B) Section 1611(e) of that title is amended—
(i) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (3)’’;
(ii) by redesignating paragraph (2) as paragraph (3);
and
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Sec. 811
(iii) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) In the case of a report required to be submitted under
paragraph (1) to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives, the date for the submittal of such report shall
be as provided in section 507 of the National Security Act of 1947.’’.
(5) INTELLIGENCE AUTHORIZATION ACTS.—(A) Section 809 of
the Counterintelligence and Security Enhancements Act of
1994 (title VIII of Public Law 103–359; 108 Stat. 3454; 50
U.S.C. App. 2170b) is amended by striking subsection (b) and
inserting the following new subsection (b):
‘‘(b) ANNUAL UPDATE.—
‘‘(1) SUBMITTAL TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—Not later each year than the date provided in section
507 of the National Security Act of 1947, the President shall
submit to the congressional intelligence committees a report
updating the information referred to in subsection (a)(1)(D).
‘‘(2) SUBMITTAL TO CONGRESSIONAL LEADERSHIP.—Not later
than April 14 each year, the President shall submit to the congressional leadership a report updating the information referred to in subsection (a)(1)(D).
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The
term ‘congressional intelligence committees’ has the meaning given that term in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a).
‘‘(B) CONGRESSIONAL LEADERSHIP.—The term ‘congressional leadership’ means the Speaker and the minority
leader of the House of Representatives and the majority
leader and the minority leader of the Senate.’’.
(B) Paragraph (6) of section 811(c) of that Act (50 U.S.C.
402a(c)) is amended to read as follows:
‘‘(6)(A) Not later each year than the date provided in section
507 of the National Security Act of 1947, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees (as defined in section 3 of that Act (50 U.S.C.
401a)) 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.
‘‘(C) The Director of the Federal Bureau of Investigation shall
submit each report under this paragraph in consultation with the
Director of Central Intelligence and the Secretary of Defense.’’.
(C) Section 721 of the Combatting Proliferation of Weapons
of Mass Destruction Act of 1996 (title VII of Public Law 104–
293; 110 Stat. 3474; 50 U.S.C. 2366) is amended—
(i) in subsection (a), by striking ‘‘Not later than’’ and
all that follows through ‘‘the Director’’ and inserting ‘‘The
Director’’;
(ii) by redesignating subsection (b) as subsection (c);
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(iii) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) SUBMITTAL DATES.—(1) The report required by subsection
(a) shall be submitted each year to the congressional intelligence
committees and the congressional leadership on a semiannual basis
on the dates provided in section 507 of the National Security Act
of 1947.
‘‘(2) In this subsection:
‘‘(A) The term ‘congressional intelligence committees’ has
the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).
‘‘(B) The term ‘congressional leadership’ means the Speaker and the minority leader of the House of Representatives and
the majority leader and the minority leader of the Senate.’’;
and
(iv) in subsection (c), as so redesignated, by striking
‘‘The reports’’ and inserting ‘‘Each report’’.
(D) Section 308 of the Intelligence Authorization Act for
Fiscal Year 1998 (Public Law 105–107; 111 Stat. 2253; 50
U.S.C. 402a note) is amended—
(i) in subsection (a)—
(I) by striking ‘‘Not later than’’ and all that follows
through ‘‘the Director of Central Intelligence’’ and inserting ‘‘The Director of Central Intelligence’’; and
(II) by inserting ‘‘on an annual basis’’ after ‘‘to
Congress’’; and
(ii) by adding at the end the end the following new
subsection (c):
‘‘(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.’’.
(E) Section 322(a)(6)(D) of the Intelligence Authorization
Act for Fiscal Year 2001 (Public Law 106–567; 114 Stat. 2844;
22 U.S.C. 7302(a)(6)(D)) is amended—
(i) in clause (i), by striking ‘‘Beginning on’’ and inserting ‘‘Except as provided in clause (ii), beginning on’’;
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following new
clause (ii):
‘‘(ii) SUBMITTAL DATE OF REPORTS TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case of reports required to be submitted under clause (i) to the
congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50
U.S.C. 401a)), the submittal dates for such reports
shall be as provided in section 507 of that Act.’’; and
(iv) in clause (iii), as so redesignated, by striking ‘‘report’’ and inserting ‘‘reports’’.
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(6) PUBLIC LAW 103–337.—Section 1012(c) of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C.
2291–4(c)) is amended—
(A) in paragraph (1), by striking ‘‘Not later than’’ and
inserting ‘‘Except as provided in paragraph (2), not later
than’’;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) In the case of a report required to be submitted under
paragraph (1) to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)), the submittal date for such report shall be as provided in
section 507 of that Act.’’.
(7) DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF
1991.—The David L. Boren National Security Education Act of
1991 (title VIII of Public Law 102–183; 50 U.S.C. 1901 et seq.)
is amended—
(A) in section 806(a) (50 U.S.C. 1906(a))—
(i) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
(ii) in paragraph (1), as so designated, by striking
‘‘the Congress’’ and inserting ‘‘the congressional intelligence committees’’;
(iii) by designating the second sentence as paragraph (2) and by aligning such paragraph with the
paragraph added by clause (v);
(iv) in paragraph (2), as so designated, by inserting ‘‘submitted to the President’’ after ‘‘The report’’;
and
(v) by adding at the end the following new paragraph (3):
‘‘(3) The report submitted to the congressional intelligence committees shall be submitted on the date provided in section 507 of
the National Security Act of 1947.’’; and
(B) in section 808 (50 U.S.C. 1908), by adding at the
end the following new paragraph (5):
‘‘(5) 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.’’.
(8) FAIR CREDIT REPORTING ACT.—(A) Section 604(b)(4) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)) is
amended—
(i) in subparagraph (D), by striking ‘‘Not later than’’
and inserting ‘‘Except as provided in subparagraph (E), not
later than’’;
(ii) by redesignating subparagraph (E) as subparagraph (F); and
(iii) by inserting after subparagraph (D) the following
new subparagraph (E):
‘‘(E) REPORTS TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case of a report to be submitted under
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subparagraph (D) to the congressional intelligence committees (as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 401a)), the submittal date for such report shall be as provided in section 507 of that Act.’’.
(B) Section 625(h) of that Act (15 U.S.C. 1681u(h)) is
amended—
(i) by inserting ‘‘(1)’’ before ‘‘On a semiannual basis,’’;
and
(ii) by adding at the end the following new paragraph:
‘‘(2) In the case of the semiannual reports required to be submitted under paragraph (1) to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such
reports shall be as provided in section 507 of the National Security
Act of 1947.’’.
(9) RIGHT TO FINANCIAL PRIVACY ACT OF 1978.—Section
1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3414(a)(5)(C)) is amended by striking ‘‘On a semiannual’’ and all that follows through ‘‘the Senate’’ and inserting ‘‘On the dates provided in section 507 of the National Security Act of 1947, the Attorney General shall fully inform the
congressional intelligence committees (as defined in section 3
of that Act (50 U.S.C. 401a))’’.
Subtitle C—Recurring Annual Reports
SEC. 821. ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED
STATES USING WEAPONS OF MASS DESTRUCTION.
Section 114 of the National Security Act of 1947, as amended
by section 353(b)(6) of this Act, is further amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
‘‘(d) ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED
STATES USING WEAPONS OF MASS DESTRUCTION.—(1) Not later
each year than the date provided in section 507, the Director shall
submit to the congressional committees specified in paragraph (3)
a report assessing the following:
‘‘(A) The current threat of attack on the United States
using ballistic missiles or cruise missiles.
‘‘(B) The current threat of attack on the United States
using a chemical, biological, or nuclear weapon delivered by a
system other than a ballistic missile or cruise missile.
‘‘(2) Each report under paragraph (1) shall be a national intelligence estimate, or have the formality of a national intelligence estimate.
‘‘(3) The congressional committees referred to in paragraph (1)
are the following:
‘‘(A) The congressional intelligence committees.
‘‘(B) The Committees on Foreign Relations and Armed
Services of the Senate.
‘‘(C) The Committees on International Relations and
Armed Services of the House of Representatives.’’.
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Sec. 824
SEC. 822. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as amended
by section 821 of this Act, is further amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection (e):
‘‘(e) ANNUAL REPORT ON COVERT LEASES.—(1) Not later each
year than the date provided in section 507, the Director shall submit to the congressional intelligence committees a report on each
covert lease of an element of the intelligence community that is in
force as of the end of the preceding year.
‘‘(2) Each report under paragraph (1) shall include the following:
‘‘(A) A list of each lease described by that paragraph.
‘‘(B) For each lease—
‘‘(i) the cost of such lease;
‘‘(ii) the duration of such lease;
‘‘(iii) the purpose of such lease; and
‘‘(iv) the directorate or office that controls such lease.’’.
SEC. 823. ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS OF CERTAIN ELEMENTS OF THE INTELLIGENCE
COMMUNITY FOR AUDITING PURPOSES.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by inserting after section 114
the following new section:
‘‘ANNUAL
REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS FOR
AUDITING PURPOSES
‘‘SEC. 114A. Not later each year than the date provided in section 507, the Director of Central Intelligence, the Director of the
National Security Agency, the Director of the Defense Intelligence
Agency, and the Director of the National Imagery and Mapping
Agency shall each submit to the congressional intelligence committees a report describing the activities being undertaken by such official to ensure that the financial statements of such agency can be
audited in accordance with applicable law and requirements of the
Office of Management and Budget.’’.
(b) CLERICAL AMENDMENT.—The table of sections for the National Security Act of 1947 is amended by inserting after the item
relating to section 114 the following new item:
‘‘Sec. 114A. Annual report on improvement of financial statements for auditing purposes.’’.
SEC. 824. ANNUAL REPORT ON ACTIVITIES OF FEDERAL BUREAU OF
INVESTIGATION PERSONNEL OUTSIDE THE UNITED
STATES.
(a) ANNUAL REPORT.—Chapter 33 of title 28, United States
Code, is amended by adding at the end the following new section:
‘‘§ 540C. Annual report on activities of Federal Bureau of Investigation personnel outside the United States
‘‘(a) The Director of the Federal Bureau of Investigation shall
submit to the appropriate committees of Congress each year a report on the activities of personnel of the Federal Bureau of Investigation outside the United States.
‘‘(b) The report under subsection (a) shall include the following:
Sec. 825
INTELLIGENCE AUTHORIZATION ACT FOR 2003
322
‘‘(1) For the year preceding the year in which the report is
required to be submitted—
‘‘(A) the number of personnel of the Bureau posted or
detailed outside the United States during the year;
‘‘(B) a description of the coordination of the investigations, asset handling, liaison, and operational activities of
the Bureau during the year with other elements of the intelligence community; and
‘‘(C) a description of the extent to which information
derived from activities described in subparagraph (B) was
shared with other elements of the intelligence community.
‘‘(2) For the year in which the report is required to be
submitted—
‘‘(A) a description of the plans, if any, of the Director—
‘‘(i) to modify the number of personnel of the Bureau posted or detailed outside the United States; or
‘‘(ii) to modify the scope of the activities of personnel of the Bureau posted or detailed outside the
United States; and
‘‘(B) a description of the manner and extent to which
information derived from activities of the Bureau described
in paragraph (1)(B) during the year will be shared with
other elements of the intelligence community.
‘‘(c) The date of the submittal each year of the report required
by subsection (a) shall be the date provided in section 507 of the
National Security Act of 1947.
‘‘(d) In this section, the term ‘appropriate committees of Congress’ means—
‘‘(1) the Committees on the Judiciary of the Senate and
House of Representatives; and
‘‘(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 33 of that title is amended by inserting after the
item relating to section 540B the following new item:
‘‘540C. Annual report on activities of Federal Bureau of Investigation personnel outside the United States.’’.
SEC. 825. ANNUAL REPORTS OF INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY ON PROPOSED RESOURCES AND
ACTIVITIES OF THEIR OFFICES.
Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended—
(1) in subsection (f), by striking ‘‘this section’’ and inserting
‘‘subsections (a) through (e)’’;
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new subsection (g):
‘‘(g)(1) The Inspector General of the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office, and the National Security Agency shall each submit to the congressional intelligence committees each year a report
that sets forth the following:
‘‘(A) The personnel and funds requested by such Inspector
General for the fiscal year beginning in such year for the ac-
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 827
tivities of the office of such Inspector General in such fiscal
year.
‘‘(B) The plan of such Inspector General for such activities,
including the programs and activities scheduled for review by
the office of such Inspector General during such fiscal year.
‘‘(C) An assessment of the current ability of such Inspector
General to hire and retain qualified personnel for the office of
such Inspector General.
‘‘(D) Any matters that such Inspector General considers
appropriate regarding the independence and effectiveness of
the office of such Inspector General.
‘‘(2) The submittal date for a report under paragraph (1) each
year shall be the date provided in section 507 of the National Security Act of 1947.
‘‘(3) In this subsection, the term ‘congressional intelligence
committees’ shall have the meaning given that term in section 3 of
the National Security Act of 1947 (50 U.S.C. 401a).’’.
SEC. 826.ø21 U.S.C. 873 nt¿ ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.
(a) ANNUAL REPORT.—The Counterdrug Intelligence Coordi-
nating Group shall submit to the appropriate committees of Congress each year a report on current counterdrug intelligence matters. The report shall include the recommendations of the
Counterdrug Intelligence Coordinating Group on the appropriate
number of permanent staff, and of detailed personnel, for the staff
of the Counterdrug Intelligence Executive Secretariat.
(b) SUBMITTAL DATE.—The date of the submittal each year of
the report required by subsection (a) shall be the date provided in
section 507 of the National Security Act of 1947, as added by section 811 of this Act.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committees on Appropriations of the Senate and
House of Representatives; and
(2) the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).
SEC. 827. ø50 U.S.C. 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.—The Director of Central Intel-
ligence shall submit to the appropriate committees of Congress on
an annual basis a report setting forth each foreign company described in subsection (b) that raised or attempted to raise funds in
the United States capital markets during the preceding year.
(b) COVERED FOREIGN COMPANIES.—A foreign company described in this subsection is any foreign company determined by
the Director to be engaged or involved in the proliferation of weapons of mass destruction (including nuclear, biological, or chemical
weapons) or the means to deliver such weapons.
(c) SUBMITTAL DATE.—The date each year for the submittal of
the report required by subsection (a) shall be the date provided in
section 507 of the National Security Act of 1947, as added by section 811 of this Act.
Sec. 831
INTELLIGENCE AUTHORIZATION ACT FOR 2003
324
(d) FORM OF REPORTS.—Each report under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives;
(2) the Committees on Armed Services, Banking, Housing,
and Urban Affairs, Governmental Affairs, and Foreign Relations of the Senate; and
(3) the Committees on Armed Services, Financial Services,
Government Reform, and International Relations of the House
of Representatives.
Subtitle D—Other Reports
SEC. 831. REPORT ON EFFECT OF COUNTRY-RELEASE RESTRICTIONS
ON ALLIED INTELLIGENCE-SHARING RELATIONSHIPS.
(a) REPORT.—Not later than 90 days after the date of the en-
actment of this Act, the Director of Central Intelligence shall, in
consultation with the Secretary of Defense, submit to the congressional intelligence committees a report containing an assessment of
the effect of the use of ‘‘NOFORN’’ classifications, and of other
country-release policies, procedures, and classification restrictions,
on intelligence-sharing relationships and coordinated intelligence
operations and military operations between the United States and
its allies. The report shall include an assessment of the effect of the
use of such classifications, and of such policies, procedures, and restrictions, on counterterrorism operations in Afghanistan and elsewhere.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committee’’
means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 832. ø22 U.S.C. 4861 nt¿ EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF STATE ON PROTECTION OF
CLASSIFIED INFORMATION AT DEPARTMENT HEADQUARTERS.
(a) EVALUATION REQUIRED.—Not later than December 31 of
2002, 2003, and 2004, the Inspector General of the Department of
State shall conduct an evaluation of the policies and procedures of
the Department on the protection of classified information at the
Headquarters of the Department, including compliance with the directives of the Director of Central Intelligence (DCIDs) regarding
the storage and handling of Sensitive Compartmented Information
(SCI) material.
(b) ANNUAL REPORT.—Except as provided in subsection (c), not
later than February 1 of 2003, 2004, and 2005, the Inspector General shall submit to the following committees a report on the evaluation conducted under subsection (a) during the preceding year:
(1) The congressional intelligence committees.
325
INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 841
(2) The Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives.
(c) EXCEPTION.—The date each year for the submittal of a report under subsection (b) may be postponed in accordance with section 507(d) of the National Security Act of 1947, as added by section 811 of this Act.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle E—Repeal of Certain Report
Requirements
SEC. 841. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) ANNUAL REPORT ON THE DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL.—Section 113 of the National Security Act of 1947
(50 U.S.C. 404h) is amended by striking subsection (c).
(b) ANNUAL REPORT ON EXERCISE OF NATIONAL SECURITY
AGENCY VOLUNTARY SEPARATION PAY AUTHORITY.—Section 301(j)
of the National Security Act of 1947 (50 U.S.C. 409a(j)), as amended by section 353(b)(2)(A) of this Act, is further amended—
(1) by striking ‘‘REPORTING REQUIRE-MENTS.—’’ and all
that follows through ‘‘The Director may’’ and inserting ‘‘NOTIFICATION OF EXERCISE OF AUTHORITY.—The Director may’’; and
(2) by striking paragraph (2).
(c) ANNUAL REPORT ON TRANSFERS OF AMOUNTS FOR ACQUISITION OF LAND BY THE CENTRAL INTELLIGENCE AGENCY.—Section
5(c)(2) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403f(c)(2)) is amended by striking ‘‘an annual report on the transfers of sums described in paragraph (1).’’ and inserting ‘‘a report on
the transfer of sums described in paragraph (1) each time that authority is exercised.’’.
(d) ANNUAL REPORT ON USE OF CIA PERSONNEL AS SPECIAL
POLICEMEN.—Section 15(a) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403o(a)) is amended by striking paragraph (5).
(e) ANNUAL AUDIT OF THE CENTRAL SERVICES PROGRAM OF THE
CENTRAL INTELLIGENCE AGENCY.—Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended—
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(f) ANNUAL REPORT ON SPECIAL POLICE AUTHORITY FOR THE
NATIONAL SECURITY AGENCY.—Section 11(a)(5) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting ‘‘through 2004’’ after ‘‘Not later than July 1 each year’’.
Sec. 901
INTELLIGENCE AUTHORIZATION ACT FOR 2003
326
TITLE IX—COUNTERINTELLIGENCE
ACTIVITIES
SEC. 901. SHORT TITLE; PURPOSE.
(a) ø50 U.S.C. 401 nt¿ SHORT
TITLE.—This title may be cited
as the ‘‘Counterintelligence Enhancement Act of 2002’’.
(b) ø50 U.S.C. 402b nt¿ PURPOSE.—The purpose of this title is
to facilitate the enhancement of the counterintelligence activities of
the United States Government by—
(1) enabling the counterintelligence community of the
United States Government to fulfill better its mission of identifying, assessing, prioritizing, and countering the intelligence
threats to the United States;
(2) ensuring that the counterintelligence community of the
United States Government acts in an efficient and effective
manner; and
(3) providing for the integration of all the counterintelligence activities of the United States Government.
SEC. 902. ø50 U.S.C. 402b¿ NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) ESTABLISHMENT.—(1) There shall be a National Counter-
intelligence 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.
(c) DUTIES.—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).
(2) To act as chairperson of the National Counterintelligence Policy Board under section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of
Public Law 103–359; 50 U.S.C. 402a), as amended by section
903 of this Act.
(3) To act as head of the Office of the National Counterintelligence Executive under section 904.
(4) To participate as an observer on such boards, committees, and entities of the executive branch as the President considers appropriate for the discharge of the mission and functions of the Executive and the Office of the National Counterintelligence Executive under section 904.
SEC. 903. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
(a) CHAIRPERSON.—Section 811 of the Counterintelligence
and
Security Enhancements Act of 1994 (title VII of Public Law 103–
359; 50 U.S.C. 402a), as amended by section 811(b)(5)(B) of this
Act, is further amended—
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (e); and
327
INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 904
(3) by inserting after subsection (a) the following new subsection (b):
‘‘(b) CHAIRPERSON.—The National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act
of 2002 shall serve as the chairperson of the Board.’’.
(b) MEMBERSHIP.—That section is further amended by inserting after subsection (b), as amended by subsection (a)(3) of this section, the following new subsection (c):
‘‘(c) MEMBERSHIP.—The membership of the National Counterintelligence Policy Board shall consist of the following:
‘‘(1) The National Counterintelligence Executive.
‘‘(2) Senior personnel of departments and elements of the
United States Government, appointed by the head of the department or element concerned, as follows:
‘‘(A) The Department of Justice, including the Federal
Bureau of Investigation.
‘‘(B) The Department of Defense, including the Joint
Chiefs of Staff.
‘‘(C) The Department of State.
‘‘(D) The Department of Energy.
‘‘(E) The Central Intelligence Agency.
‘‘(F) Any other department, agency, or element of the
United States Government specified by the President.’’.
(c) FUNCTIONS AND DISCHARGE OF FUNCTIONS.—That section is
further amended by inserting after subsection (c), as amended by
subsection (b) of this section, the following new subsection:
‘‘(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.
‘‘(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.’’.
SEC. 904. ø50 U.S.C. 402c¿ OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(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.
Sec. 904
INTELLIGENCE AUTHORIZATION ACT FOR 2003
328
(c) LOCATION OF OFFICE.—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
(C) carry out such other duties as the Executive may specify.
(e) FUNCTIONS.—Subject to the direction and control of the National Counterintelligence Executive, the functions of the Office of
the National Counterintelligence Executive shall be as follows:
(1) NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION
ASSESSMENT.—Subject to subsection (f), in consultation with
appropriate department and agencies of the United States Government, and private sector entities, to produce on an annual
basis a strategic planning assessment of the counterintelligence requirements of the United States to be known as the
National Threat Identification and Prioritization Assessment.
(2) NATIONAL COUNTERINTELLIGENCE STRATEGY.—Subject
to subsection (f), in consultation with appropriate department
and agencies of the United States Government, and private
sector entities, and based on the most current National Threat
Identification and Prioritization Assessment under paragraph
(1), to produce on an annual basis a strategy 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
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 904
Agency, and other appropriate elements of the United
States Government;
(B) to ensure that the budgets and resource allocation
plans developed under subparagraph (A) address the objectives and priorities for counterintelligence under the National Counterintelligence Strategy; and
(C) to submit to the National Security Council periodic
reports on the activities undertaken by the Office under
subparagraphs (A) and (B).
(6) NATIONAL COUNTERINTELLIGENCE COLLECTION AND TARGETING COORDINATION.—To develop priorities for counterintelligence investigations and operations, and for collection of
counterintelligence, for purposes of the National Counterintelligence Strategy, except that the Office may not—
(A) carry out any counterintelligence investigations or
operations; or
(B) establish its own contacts, or carry out its own activities, with foreign intelligence services.
(7) NATIONAL COUNTERINTELLIGENCE OUTREACH, WATCH,
AND WARNING.—
(A) COUNTERINTELLIGENCE VULNERABILITY SURVEYS.—
To carry out and coordinate surveys of the vulnerability of
the United States Government, and the private sector, to
intelligence threats in order to identify the areas, programs, and activities that require protection from such
threats.
(B) OUTREACH.—To carry out and coordinate outreach
programs and activities on counterintelligence to other elements of the United States Government, and the private
sector, and to coordinate the dissemination to the public of
warnings on intelligence threats to the United States.
(C) RESEARCH AND DEVELOPMENT.—To ensure that research and development programs and activities of the
United States Government, and the private sector, direct
attention to the needs of the counterintelligence community for technologies, products, and services.
(D) TRAINING AND PROFESSIONAL DEVELOPMENT.—To
develop policies and standards for training and professional development of individuals engaged in counterintelligence activities and to manage the conduct of joint training exercises for such personnel.
(f) ADDITIONAL REQUIREMENTS REGARDING NATIONAL THREAT
IDENTIFICATION AND PRIORITIZATION ASSESSMENT AND NATIONAL
COUNTERINTELLIGENCE STRATEGY.—(1) A National Threat Identification and Prioritization Assessment under subsection (e)(1), and
any modification of such assessment, shall not go into effect until
approved by the President.
(2) A National Counterintelligence Strategy under subsection
(e)(2), and any modification of such strategy, shall not go into effect
until approved by the President.
(3) The National Counterintelligence Executive shall submit to
the congressional intelligence committees each National Threat
Identification and Prioritization Assessment, or modification thereof, and each National Counterintelligence Strategy, or modification
thereof, approved under this section.
Sec. 904
INTELLIGENCE AUTHORIZATION ACT FOR 2003
330
(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) or any other provision of
law limiting the period of the detail of personnel on a nonreimbursable basis, the detail of an officer or employee of United States or
a member of the Armed Forces under paragraph (1) on a nonreimbursable basis may be for any period in excess of one year that
the National Counterintelligence Executive and the head of the department, agency, or element concerned consider appropriate.
(3) The employment of personnel by the Office, including the
appointment, compensation and benefits, management, and separation of such personnel, shall be governed by the provisions of law
on such matters with respect to the personnel of the Central Intelligence Agency, except that, for purposes of the applicability of such
provisions of law to personnel of the Office, the National Counterintelligence Executive shall be treated as the head of the Office.
(4) Positions in the Office shall be excepted service positions
for purposes of title 5, United States Code.
(h) SUPPORT.—(1) The Attorney General, Secretary of Defense,
and Director of 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), or providing support under subsection
(h), on a reimbursable basis amounts appropriate to reimburse
such department or agency for the detail of such personnel or the
provision of such support, as the case may be.
(j) CONTRACTS.—(1) Subject to paragraph (2), the National
Counterintelligence Executive may enter into any contract, lease,
cooperative agreement, or other transaction that the Executive considers appropriate to carry out the functions of the Office of the National Counterintelligence Executive under this section.
(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
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INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 1001
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.
TITLE X—NATIONAL COMMISSION FOR
REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED
STATES INTELLIGENCE COMMUNITY
SEC. 1001. ø50 U.S.C. 401 nt¿ 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
INTELLIGENCE AUTHORIZATION ACT FOR 2003
332
SEC. 1002. ø50 U.S.C. 401 nt¿ 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.
333
INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 1002
(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.
(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.
(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;
Sec. 1003
INTELLIGENCE AUTHORIZATION ACT FOR 2003
334
(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. ø50 U.S.C. 401 nt¿ 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.
335
INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 1004
(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. ø50 U.S.C. 401 nt¿ 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
INTELLIGENCE AUTHORIZATION ACT FOR 2003
336
SEC. 1005. ø50 U.S.C. 401 nt¿ 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. ø50 U.S.C. 401 nt¿ 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. ø50 U.S.C. 401 nt¿ 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. ø50 U.S.C. 401 nt¿ 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 intel-
337
INTELLIGENCE AUTHORIZATION ACT FOR 2003
Sec. 1011
ligence 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. ø50 U.S.C. 401 nt¿ 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. ø50 U.S.C. 401 nt¿ FUNDING.
(a) TRANSFER FROM THE COMMUNITY MANAGEMENT
COUNT.—Of the amounts authorized to be appropriated by this
ACAct
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. ø50 U.S.C. 401 nt¿ 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)).
INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2002
(Public Law 107–108; 115 Stat. 1394; approved December 28, 2001)
AN ACT To authorize appropriations for fiscal year 2002 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited
as the ‘‘Intelligence
Authorization Act for Fiscal Year 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
TITLE I—INTELLIGENCE ACTIVITIES
Authorization of appropriations.
Classified schedule of authorizations.
Personnel ceiling adjustments.
Intelligence Community Management Account.
Codification of the Coast Guard as an element of the intelligence community.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
301.
302.
303.
304.
Sec. 305.
Sec. 306.
Sec. 307.
Sec. 308.
Sec. 309.
Sec. 310.
Sec. 311.
Sec. 312.
Sec. 313.
Sec. 314.
339
TITLE III—GENERAL PROVISIONS
Increase in employee compensation and benefits authorized by law.
Restriction on conduct of intelligence activities.
Sense of Congress on intelligence community contracting.
Requirements for lodging allowances in intelligence community assignment program benefits.
Modification of reporting requirements for significant anticipated intelligence activities and significant intelligence failures.
Report on implementation of recommendations of the National Commission on Terrorism and other entities.
Judicial review under Foreign Narcotics Kingpin Designation Act.
Modification of positions requiring consultation with Director of Central
Intelligence in appointments.
Modification of authorities for protection of intelligence community employees who report urgent concerns to Congress.
Review of protections against the unauthorized disclosure of classified information.
One-year suspension of reorganization of Diplomatic Telecommunications
Service Program Office.
Presidential approval and submission to Congress of National Counterintelligence Strategy and National Threat Identification and
Prioritization Assessments.
Report on alien terrorist removal proceedings.
Technical amendments.
Sec. 101
INTELLIGENCE AUTHORIZATION ACT FOR 2002
340
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications of central services program.
Sec. 402. One-year extension of Central Intelligence Agency Voluntary Separation
Pay Act.
Sec. 403. Guidelines for recruitment of certain foreign assets.
Sec. 404. Full
reimbursement
for
professional
liability
insurance
of
counterterrorism employees.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Authority to purchase items of nominal value for recruitment purposes.
Sec. 502. Funding for infrastructure and quality-of-life improvements at Menwith
Hill and Bad Aibling stations.
Sec. 503. Modification of authorities relating to official immunity in interdiction of
aircraft engaged in illicit drug trafficking.
Sec. 504. Undergraduate training program for employees of the National Imagery
and Mapping Agency.
Sec. 505. Preparation and submittal of reports, reviews, studies, and plans relating
to Department of Defense intelligence activities.
Sec. 506. Enhancement of security authorities of National Security Agency.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2002 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL
CEILINGS.—
The amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 2002, for the
conduct of the intelligence and intelligence-related activities of the
elements listed in such section, are those specified in the classified
Schedule of Authorizations prepared to accompany the conference
report on the bill H.R. 2883 of the One Hundred Seventh Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The Schedule of Authorizations shall be made available to
the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With
the approval of the
Director of the Office of Management and Budget, the Director of
Central Intelligence may authorize employment of civilian per-
341
INTELLIGENCE AUTHORIZATION ACT FOR 2002
Sec. 104
sonnel in excess of the number authorized for fiscal year 2002
under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed 2
percent of the number of civilian personnel authorized under such
section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall notify promptly the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate whenever the Director exercises the authority granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Community Management Account of the
Director of Central Intelligence for fiscal year 2002 the sum of
$200,276,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for the
advanced research and development committee shall remain available until September 30, 2003.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Intelligence Community Management Account of the Director of
Central Intelligence are authorized 343 full-time personnel as of
September 30, 2002. Personnel serving in such elements may be
permanent employees of the Intelligence Community Management
Account or personnel detailed from other elements of the United
States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2002 such additional
amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts
shall remain available until September 30, 2003.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30,
2002, there are hereby authorized such additional personnel
for such elements as of that date as are specified in the classified Schedule of Authorizations.
(d) REIMBURSEMENT.—Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year
2002 any officer or employee of the United States or a member of
the Armed Forces who is detailed to the staff of the Intelligence
Community Management Account from another element of the
United States Government shall be detailed on a reimbursable
basis, except that any such officer, employee, or member may be
detailed on a nonreimbursable basis for a period of less than one
year for the performance of temporary functions as required by the
Director of Central Intelligence.
Sec. 105
INTELLIGENCE AUTHORIZATION ACT FOR 2002
342
(e) ø28 U.S.C. 873 note¿ NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to be appropriated in subsection (a), $44,000,000 shall be available for the
National Drug Intelligence Center. Within such amount, funds
provided for research, development, testing, and evaluation
purposes shall remain available until September 30, 2003, and
funds provided for procurement purposes shall remain available until September 30, 2004.
(2) TRANSFER OF FUNDS.—The Director of Central Intelligence shall transfer to the Attorney General funds available
for the National Drug Intelligence Center under paragraph (1).
The Attorney General shall utilize funds so transferred for the
activities of the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. CODIFICATION OF THE COAST GUARD AS AN ELEMENT OF
THE INTELLIGENCE COMMUNITY.
Section 105 amended section 3(4)(H) of the National Security
Act of 1947 (50 U.S.C. 401a(4)(H)).
TITLE
II—CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2002
the sum of $212,000,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central Intelligence should continue to direct that elements of the intelligence
343
INTELLIGENCE AUTHORIZATION ACT FOR 2002
Sec. 308
community, whenever compatible with the national security interests of the United States and consistent with operational and security concerns related to the conduct of intelligence activities, and
where fiscally sound, should competitively award contracts in a
manner that maximizes the procurement of products properly designated as having been made in the United States.
SEC. 304. REQUIREMENTS FOR LODGING ALLOWANCES IN INTELLIGENCE COMMUNITY ASSIGNMENT PROGRAM BENEFITS.
[Section 304 amended section 113(b) of the National Security
Act of 1947 (50 U.S.C. 404h(b)).]
SEC. 305. MODIFICATION OF REPORTING REQUIREMENTS FOR SIGNIFICANT ANTICIPATED INTELLIGENCE ACTIVITIES AND
SIGNIFICANT INTELLIGENCE FAILURES.
[Section 305 amended section 502 of the National Security Act
of 1947 (50 U.S.C. 413a).]
SEC. 306. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF
THE NATIONAL COMMISSION ON TERRORISM AND OTHER
ENTITIES.
(a) IN GENERAL.—Not later than 120 days after the date of the
enactment of this Act, the Director of Central Intelligence shall
submit to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate a report concerning whether, and to what extent, the
Intelligence Community has implemented recommendations relevant to the Intelligence Community as set forth in the following:
(1) The report prepared by the National Commission on
Terrorism established by section 591 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105–277).
(2) The report prepared by the United States Commission
on National Security for the 21st Century, Phase III, dated
February 15, 2001.
(3) The second annual report of the advisory panel to assess domestic response capabilities for terrorism involving
weapons of mass destruction established pursuant to section
1405 of the National Defense Authorization Act for Fiscal Year
1999 (Public Law 105–261; 50 U.S.C. 2301 note).
(b) RECOMMENDATIONS DETERMINED NOT TO BE ADOPTED.—In
a case in which the Director determines that a recommendation described in subsection (a) has not been implemented, the report
under that subsection shall include a detailed explanation of the
reasons for not implementing that recommendation.
SEC. 307. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN
DESIGNATION ACT.
[Section 307 amended section 805 of the Foreign Narcotics
Kingpin Designation Act (title VIII of Public Law 106–120; 113
Stat. 1629; 21 U.S.C. 1904).]
SEC. 308. MODIFICATION OF POSITIONS REQUIRING CONSULTATION
WITH DIRECTOR OF CENTRAL INTELLIGENCE IN APPOINTMENTS.
Section 308 amended section 106(b)(2) of the National Security
Act of 1947 (50 U.S.C. 403–6(b)(2)).
Sec. 309
INTELLIGENCE AUTHORIZATION ACT FOR 2002
344
SEC. 309. MODIFICATION OF AUTHORITIES FOR PROTECTION OF INTELLIGENCE COMMUNITY EMPLOYEES WHO REPORT URGENT CONCERNS TO CONGRESS.
(a) AUTHORITY OF INSPECTOR GENERAL OF CENTRAL INTELLIGENCE AGENCY.—[Section 309(a) amended section 17(d)(5) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5)).]
(b) AUTHORITIES OF INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY.—Section 309(b) amended section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.).
SEC. 310. REVIEW OF PROTECTIONS AGAINST THE UNAUTHORIZED
DISCLOSURE OF CLASSIFIED INFORMATION.
(a) REQUIREMENT.—The Attorney General shall, in consultation
with the Secretary of Defense, Secretary of State, Secretary of Energy, Director of Central Intelligence, and heads of such other departments, agencies, and entities of the United States Government
as the Attorney General considers appropriate, carry out a comprehensive review of current protections against the unauthorized
disclosure of classified information, including—
(1) any mechanisms available under civil or criminal law,
or under regulation, to detect the unauthorized disclosure of
such information; and
(2) any sanctions available under civil or criminal law, or
under regulation, to deter and punish the unauthorized disclosure of such information.
(b) PARTICULAR CONSIDERATIONS.—In carrying out the review
required by subsection (a), the Attorney General shall consider, in
particular—
(1) whether the administrative regulations and practices of
the intelligence community are adequate, in light of the particular requirements of the intelligence community, to protect
against the unauthorized disclosure of classified information;
and
(2) whether recent developments in technology, and anticipated developments in technology, necessitate particular modifications of current protections against the unauthorized disclosure of classified information in order to further protect
against the unauthorized disclosure of such information.
(c) REPORT.—(1) Not later than May 1, 2002, the Attorney General shall submit to Congress a report on the review carried out
under subsection (a). The report shall include the following:
(A) A comprehensive description of the review, including
the findings of the Attorney General as a result of the review.
(B) An assessment of the efficacy and adequacy of current
laws and regulations against the unauthorized disclosure of
classified information, including whether or not modifications
of such laws or regulations, or additional laws or regulations,
are advisable in order to further protect against the unauthorized disclosure of such information.
(C) Any recommendations for legislative or administrative
action that the Attorney General considers appropriate, including a proposed draft for any such action, and a comprehensive
analysis of the Constitutional and legal ramifications of any
such action.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
345
INTELLIGENCE AUTHORIZATION ACT FOR 2002
Sec. 402
SEC. 311. ø22 U.S.C. 7301 note¿ TWO-YEAR SUSPENSION OF REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
Notwithstanding any provision of subtitle B of title III of the
Intelligence Authorization Act for Fiscal Year 2001 (Public Law
106–567; 114 Stat. 2843; 22 U.S.C. 7301 et seq.), relating to the reorganization of the Diplomatic Telecommunications Service Program Office, no provision of that subtitle shall be effective during
the period beginning on the date of the enactment of this Act and
ending on October 1, 2003.
SEC. 312. PRESIDENTIAL APPROVAL AND SUBMISSION TO CONGRESS
OF NATIONAL COUNTERINTELLIGENCE STRATEGY AND
NATIONAL
THREAT
IDENTIFICATION
AND
PRIORITIZATION ASSESSMENTS.
The National Counterintelligence Strategy, and each National
Threat Identification and Prioritization Assessment, produced
under Presidential Decision Directive 75, dated December 28, 2000,
entitled ‘‘U.S. Counterintelligence Effectiveness—Counterintelligence for the 21st Century’’, including any modification of that
Strategy or any such Assessment, may only take effect if approved
by the President. The Strategy, each Assessment, and any modification thereof, shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
SEC. 313. REPORT ON ALIEN TERRORIST REMOVAL PROCEEDINGS.
[Section 313 amended section 504 of the Immigration and Nationality Act (8 U.S.C. 1534).]
SEC. 314. TECHNICAL AMENDMENTS.
(a) FISA.—[Section 314(a) amended the Foreign Intelligence
Surveillance Act of 1978 in the following sections: 101(h)(4) (50
U.S.C. 1801(h)(4)), 105 (50 U.S.C. 1805), 301(4)(D) (50 U.S.C.
1821(4)(D)), 304(e) (50 U.S.C. 1824(e)), 402 (50 U.S.C. 1842), 501(a)
(50 U.S.C. 1861(a)), 502 (50 U.S.C. 1862), and the table of contents.]
(b) TITLE 18, UNITED STATES CODE.—[Section 314(b) amended
section section 2510(19) of title 18, United States Code.]
(c) USA PATRIOT ACT.—[Section 314(c) amended sections
207(b)(1) and 1003 of the USA Patriot Act (Public Law 107–56).]
TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. MODIFICATIONS OF CENTRAL SERVICES PROGRAM.
(a) ANNUAL AUDITS.—[Section 401(a) amended section
21(g)(1)
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403u).]
(b) PERMANENT AUTHORITY.—[Section 401(b) amended section
21(h) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403u).]
SEC. 402. ONE-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY
VOLUNTARY SEPARATION PAY ACT.
[Section 402 amended subsections (f) and (i) of section 2 of the
Central Intelligence Agency Voluntary Separation Pay Act (50
U.S.C. 403–4 note).]
Sec. 403
INTELLIGENCE AUTHORIZATION ACT FOR 2002
346
SEC. 403. GUIDELINES FOR RECRUITMENT OF CERTAIN FOREIGN ASSETS.
Recognizing dissatisfaction with the provisions of the guidelines of the Central Intelligence Agency (promulgated in 1995) for
handling cases involving foreign assets or sources with human
rights concerns and recognizing that, although there have been recent modifications to those guidelines, they do not fully address the
challenges of both existing and long-term threats to United States
security, the Director of Central Intelligence shall—
(1) rescind the existing guidelines for handling such cases;
(2) issue new guidelines that more appropriately weigh
and incentivize risks to ensure that qualified field intelligence
officers can, and should, swiftly and directly gather intelligence
from human sources in such a fashion as to ensure the ability
to provide timely information that would allow for indications
and warnings of plans and intentions of hostile actions or
events; and
(3) ensure that such information is shared in a broad and
expeditious fashion so that, to the extent possible, actions to
protect American lives and interests can be taken.
SEC. 404. FULL REIMBURSEMENT FOR PROFESSIONAL LIABILITY INSURANCE OF COUNTERTERRORISM EMPLOYEES.
[Section 404 amended section 406(a)(2) of the Intelligence Authorization Act for Fiscal Year 2001 (Public Law 106–567; 114 Stat.
2849; 5 U.S.C. prec. 5941 note).]
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC. 501. AUTHORITY TO PURCHASE ITEMS OF NOMINAL VALUE FOR
RECRUITMENT PURPOSES.
(a) AUTHORITY.—[Section 501 amended section 422 of title 10,
United States Code.]
SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY-OF-LIFE IMPROVEMENTS AT MENWITH HILL AND BAD AIBLING STATIONS.
(a) AUTHORITY.—
(1) In addition to funds otherwise available for such purpose, the Secretaries of the Army, Navy, and Air Force may
each transfer or reprogram such funds as are necessary—
(A) for the enhancement of the capabilities of the
Menwith Hill Station and Bad Aibling Station, including
improvements of facility infrastructure and quality of life
programs at those installations; and
(B) at the appropriate time, for costs associated with
the closure of the Bad Aibling Station.
(2) The authority provided in paragraph (1) may be exercised notwithstanding any other provision of law.
(b) SOURCE OF FUNDS.—Funds available for any of the military
departments for operation and maintenance shall be available to
carry out subsection (a).
(c) BUDGET REPORT.—The Secretary of each military department shall ensure—
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INTELLIGENCE AUTHORIZATION ACT FOR 2002
Sec. 506
(1) that the annual budget request of that military department reflects any funds transferred or reprogrammed under
this section for the preceding fiscal year; and
(2) that a copy of the portion of the budget request showing each such transfer or reprogramming is transmitted to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate.
(d) STATUTORY CONSTRUCTION.—Nothing in this section may be
construed to modify or obviate existing law or practice with regard
to the transfer or reprogramming of funds from the Department of
the Army, the Department of the Navy, or the Department of the
Air Force to the Menwith Hill Station at the Bad Aibling Station.
SEC. 503. MODIFICATION OF AUTHORITIES RELATING TO OFFICIAL
IMMUNITY IN INTERDICTION OF AIRCRAFT ENGAGED IN
ILLICIT DRUG TRAFFICKING.
(a) CERTIFICATION REQUIRED FOR IMMUNITY.—[Section 503
amended section 1012 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 22 U.S.C. 2291–4).]
SEC. 504. UNDERGRADUATE TRAINING PROGRAM FOR EMPLOYEES OF
THE NATIONAL IMAGERY AND MAPPING AGENCY.
(a) AUTHORITY TO CARRY OUT TRAINING PROGRAM.—[Section
504 added section 462 to subchapter III of chapter 22 of title 10,
United States Code.]
SEC. 505. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS,
STUDIES, AND PLANS RELATING TO DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES.
(a) CONSULTATION IN PREPARATION.—The Director of Central
Intelligence shall ensure that any report, review, study, or plan required to be prepared or conducted by a provision of this Act, including a provision of the classified Schedule of Authorizations or
a classified annex to this Act, that involves the intelligence or intelligence-related activities of the Department of Defense shall be prepared or conducted in consultation with the Secretary of Defense
or an appropriate official of the Department designated by the Secretary for that purpose.
(b) SUBMITTAL.—Any report, review, study, or plan referred to
in subsection (a) shall be submitted, in addition to any other committee of Congress specified for submittal in the provision concerned, to the following committees of Congress:
(1) The Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) The Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate.
SEC. 506. ENHANCEMENT OF SECURITY AUTHORITIES OF NATIONAL
SECURITY AGENCY.
[Section 506 amended section 11 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note).]
INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2001
(Public Law 106–567; 114 Stat. 2831; approved December 27, 2000)
AN ACT To authorize appropriations for fiscal year 2001 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited
as the ‘‘Intelligence
Authorization Act for Fiscal Year 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
TITLE I—INTELLIGENCE ACTIVITIES
Authorization of appropriations.
Classified schedule of authorizations.
Personnel ceiling adjustments.
Community management account.
Transfer authority of the Director of Central Intelligence.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
301.
302.
303.
304.
305.
Sec. 306.
Sec. 307.
Sec. 308.
Sec. 309.
Sec. 310.
Subtitle A—Intelligence Community
Increase in employee compensation and benefits authorized by law.
Restriction on conduct of intelligence activities.
Sense of the Congress on intelligence community contracting.
National Security Agency voluntary separation.
Authorization for travel on any common carrier for certain intelligence
collection personnel.
Update of report on effects of foreign espionage on United States trade
secrets.
POW/ MIA analytic capability within the intelligence community.
Applicability to lawful United States intelligence activities of Federal
laws implementing international treaties and agreements.
Limitation on handling, retention, and storage of certain classified materials by the Department of State.
Designation of Daniel Patrick Moynihan Place.
Subtitle B—Diplomatic Telecommunications Service Program Office (DTS-PO)
Sec. 321. Reorganization of Diplomatic Telecommunications Service Program Office.
Sec. 322. Personnel.
Sec. 323. Diplomatic Telecommunications Service Oversight Board.
Sec. 324. General provisions.
349
Sec. 101
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
401.
402.
403.
404.
405.
406.
INTELLIGENCE AUTHORIZATION ACT FOR 2001
350
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Modifications to Central Intelligence Agency’s central services program.
Technical corrections.
Expansion of Inspector General actions requiring a report to Congress.
Detail of employees to the National Reconnaissance Office.
Transfers of funds to other agencies for acquisition of land.
Eligibility of additional employees for reimbursement for professional liability insurance.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Role of Director of Central Intelligence in experimental personnel program for certain scientific and technical personnel.
Sec. 502. Measurement and signature intelligence.
TITLE VI—COUNTERINTELLIGENCE MATTERS
Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign Intelligence Surveillance Act of 1978.
Sec. 603. Orders for physical searches under the Foreign Intelligence Surveillance
Act of 1978.
Sec. 604. Disclosure of information acquired under the Foreign Intelligence Surveillance Act of 1978 for law enforcement purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau of Investigation.
Sec. 606. Enhancing protection of national security at the Department of Justice.
Sec. 607. Coordination requirements relating to the prosecution of cases involving
classified information.
Sec. 608. Severability.
Sec.
Sec.
Sec.
Sec.
701.
702.
703.
704.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
705.
706.
707.
708.
709.
710.
TITLE VII—DECLASSIFICATION OF INFORMATION
Short title.
Findings.
Public Interest Declassification Board.
Identification, collection, and review for declassification of information of
archival value or extraordinary public interest.
Protection of national security information and other information.
Standards and procedures.
Judicial review.
Funding.
Definitions.
Sunset.
TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL
GOVERNMENT
Sec. 801. Short title.
Sec. 802. Designation.
Sec. 803. Requirement of disclosure of records.
Sec. 804. Expedited processing of requests for Japanese Imperial Government
records.
Sec. 805. Effective date.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2001 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
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INTELLIGENCE AUTHORIZATION ACT FOR 2001
Sec. 104
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL
CEILINGS.—
The amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 2001, for the
conduct of the intelligence and intelligence-related activities of the
elements listed in such section, are those specified in the classified
Schedule of Authorizations prepared to accompany the conference
report on the bill H.R. 4392 of the One Hundred Sixth Congress
(House Report 106–969).
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The Schedule of Authorizations shall be made available to
the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With
the approval of the
Director of the Office of Management and Budget, the Director of
Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2001
under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed 2
percent of the number of civilian personnel authorized under such
section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall promptly notify the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate whenever the Director exercises the authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized
to be appropriated for the Community Management Account of the
Director of Central Intelligence for fiscal year 2001 the sum of
$163,231,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for the
Advanced Research and Development Committee shall remain
available until September 30, 2002.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Community Management Account of the Director of Central Intelligence are authorized 313 full-time personnel as of September 30,
2001. Personnel serving in such elements may be permanent employees of the Community Management Account or personnel detailed from other elements of the United States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
Sec. 105
INTELLIGENCE AUTHORIZATION ACT FOR 2001
352
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Community
Management Account by subsection (a), there are also authorized to be appropriated for the Community Management Account for fiscal year 2001 such additional amounts as are specified in the classified Schedule of Authorizations referred to in
section 102(a). Such additional amounts shall remain available
until September 30, 2002.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Community Management Account as of September 30, 2001, there
are hereby authorized such additional personnel for such elements as of that date as are specified in the classified Schedule
of Authorizations.
(d) REIMBURSEMENT.—Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year
2001, any officer or employee of the United States or a member of
the Armed Forces who is detailed to the staff of the Community
Management Account from another element of the United States
Government shall be detailed on a reimbursable basis, except that
any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than 1 year for the performance of temporary functions as required by the Director of Central
Intelligence.
(e) ø21 U.S.C. 873 note¿ NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to be appropriated in subsection (a), $34,100,000 shall be available for the
National Drug Intelligence Center. Within such amount, funds
provided for research, development, test, and evaluation purposes shall remain available until September 30, 2002, and
funds provided for procurement purposes shall remain available until September 30, 2003.
(2) TRANSFER OF FUNDS.—The Director of Central Intelligence shall transfer to the Attorney General funds available
for the National Drug Intelligence Center under paragraph (1).
The Attorney General shall utilize funds so transferred for the
activities of the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
(a) LIMITATION ON DELEGATION OF AUTHORITY OF DEPARTMENTS TO OBJECT TO TRANSFERS.—[Section 105(a) amended section
104(d)(2) of the National Security Act of 1947 (50 U.S.C. 403–
4(d)(2)).]
(b) LIMITATION ON DELEGATION OF DUTIES OF DIRECTOR OF
CENTRAL INTELLIGENCE.—[Section 105(b) amended section
104(d)(1) of the National Security Act of 1947 (50 U.S.C. 403–
4(d)(1)).]
353
INTELLIGENCE AUTHORIZATION ACT FOR 2001
Sec. 306
TITLE
II—CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2001
the sum of $216,000,000.
TITLE III—GENERAL PROVISIONS
Subtitle A—Intelligence Community
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of the Congress that the Director of Central Intelligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security interests of the United States and consistent with operational and security concerns related to the conduct of intelligence activities, and
where fiscally sound, should competitively award contracts in a
manner that maximizes the procurement of products properly designated as having been made in the United States.
SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION
ACT.
[Section 304 inserted section 301 at the beginning of title III
of the National Security Act of 1947 (50 U.S.C. 405 et seq.).]
SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER
FOR CERTAIN INTELLIGENCE COLLECTION PERSONNEL.
[Section 305 added section 116 at the end of title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.).]
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE
ON UNITED STATES TRADE SECRETS.
Not later than 270 days after the date of the enactment of this
Act, the Director of Central Intelligence shall submit to Congress
a report that updates and revises, as necessary, the report prepared by the Director pursuant to section 310 of the Intelligence
Authorization Act for Fiscal Year 2000 (Public Law 106–120; 113
Stat. 1606).
Sec. 307
SEC.
307.
INTELLIGENCE AUTHORIZATION ACT FOR 2001
POW/ MIA ANALYTIC CAPABILITY
LIGENCE COMMUNITY.
WITHIN
354
THE
INTEL-
[Section 307 added section 117 at the end of title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.).]
SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE
ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS.
[Section 308 added title X to the National Security Act of 1947
(50 U.S.C. 401 et seq.).]
SEC. 309. ø50 U.S.C. 435a¿ LIMITATION ON HANDLING, RETENTION, AND
STORAGE OF CERTAIN CLASSIFIED MATERIALS BY THE
DEPARTMENT OF STATE.
(a) CERTIFICATION REGARDING FULL COMPLIANCE WITH REQUIREMENTS.—The Director of Central Intelligence shall certify to
the appropriate committees of Congress whether or not each covered element of the Department of State is in full compliance with
all applicable directives of the Director of Central Intelligence relating to the handling, retention, or storage of covered classified
material.
(b) LIMITATION ON CERTIFICATION.—The Director of Central Intelligence may not certify a covered element of the Department of
State as being in full compliance with the directives referred to in
subsection (a) if the covered element is currently subject to a waiver of compliance with respect to any such directive.
(c) REPORT ON NONCOMPLIANCE.—Whenever the Director of
Central Intelligence determines that a covered element of the Department of State is not in full compliance with any directive referred to in subsection (a), the Director shall promptly notify the
appropriate committees of Congress of such determination.
(d) EFFECTS OF CERTIFICATION OF NON-FULL COMPLIANCE.—(1)
Subject to subsection (e), effective as of January 1, 2001, a covered
element of the Department of State may not retain or store covered
classified material unless the Director has certified under subsection (a) as of such date that the covered element is in full compliance with the directives referred to in subsection (a).
(2) If the prohibition in paragraph (1) takes effect in accordance with that paragraph, the prohibition shall remain in effect
until the date on which the Director certifies under subsection (a)
that the covered element involved is in full compliance with the directives referred to in that subsection.
(e) WAIVER BY DIRECTOR OF CENTRAL INTELLIGENCE.—(1) The
Director of Central Intelligence may waive the applicability of the
prohibition in subsection (d) to an element of the Department of
State otherwise covered by such prohibition if the Director determines that the waiver is in the national security interests of the
United States.
(2) The Director shall submit to appropriate committees of
Congress a report on each exercise of the waiver authority in paragraph (1).
(3) Each report under paragraph (2) with respect to the exercise of authority under paragraph (1) shall set forth the following:
(A) The covered element of the Department of State addressed by the waiver.
(B) The reasons for the waiver.
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INTELLIGENCE AUTHORIZATION ACT FOR 2001
Sec. 310
(C) The actions that will be taken to bring such element
into full compliance with the directives referred to in subsection (a), including a schedule for completion of such actions.
(D) The actions taken by the Director to protect any covered classified material to be handled, retained, or stored by
such element pending achievement of full compliance of such
element with such directives.
(f ) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means
the following:
(A) The Select Committee on Intelligence and the
Committee on Foreign Relations of the Senate.
(B) The Permanent Select Committee on Intelligence
and the Committee on International Relations of the
House of Representatives.
(2) The term ‘‘covered classified material’’ means any material classified at the Sensitive Compartmented Information
(SCI) level.
(3) The term ‘‘covered element of the Department of State’’
means each element of the Department of State that handles,
retains, or stores covered classified material.
(4) The term ‘‘material’’ means any data, regardless of
physical form or characteristic, including written or printed
matter, automated information systems storage media, maps,
charts, paintings, drawings, films, photographs, engravings,
sketches, working notes, papers, reproductions of any such
things by any means or process, and sound, voice, magnetic, or
electronic recordings.
(5) The term ‘‘Sensitive Compartmented Information (SCI)
level’’, in the case of classified material, means a level of classification for information in such material concerning or derived
from intelligence sources, methods, or analytical processes that
requires such information to be handled within formal access
control systems established by the Director of Central Intelligence.
SEC. 310. ø40 U.S.C. 1101 note¿ DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.
(a) * * *
(b) DESIGNATION.—The parcel of land located in the northwest
quadrant of Washington, District of Columbia, and described in
subsection (c) shall be known and designated as ‘‘Daniel Patrick
Moynihan Place’’.
(c) BOUNDARIES.—The parcel of land described in this subsection is the portion of Woodrow Wilson Plaza (as designated by
Public Law 103–284 (108 Stat. 1448)) that is bounded—
(1) on the west by the eastern facade of the Ronald Reagan
Building and International Trade Center;
(2) on the east by the western facade of the Ariel Rios
Building;
(3) on the north by the southern edge of the sidewalk abutting Pennsylvania Avenue; and
(4) on the south by the line that extends west to the facade
of the Ronald Reagan Building and International Trade Center, from the point where the west facade of the Ariel Rios
Sec. 321
INTELLIGENCE AUTHORIZATION ACT FOR 2001
356
Building intersects the north end of the west hemicycle of that
building.
(d) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of
land described in subsection (c) shall be deemed to be a reference
to Daniel Patrick Moynihan Place.
(e) MARKERS.—The Administrator of General Services shall
erect appropriate gateways or other markers in Daniel Patrick
Moynihan Place so denoting that place.
Subtitle
B—Diplomatic
Telecommunications Service Program Office (DTSPO) 1
SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS
SERVICE PROGRAM OFFICE.
(a) REORGANIZATION.—Effective 60 days after the date of the
enactment of this Act, the Diplomatic Telecommunications Service
Program Office (DTS-PO) established pursuant to title V of Public
Law 102–140 shall be reorganized in accordance with this subtitle.
(b) PURPOSE AND DUTIES OF DTS-PO.—The purpose and duties
of DTS-PO shall be to carry out a program for the establishment
and maintenance of a diplomatic telecommunications system and
communications network (hereinafter in this subtitle referred to as
‘‘DTS’’) capable of providing multiple levels of service to meet the
wide ranging needs of all United States Government agencies and
departments at diplomatic facilities abroad, including national security needs for secure, reliable, and robust communications capabilities.
SEC. 322. ø22 U.S.C. 7302¿ PERSONNEL.
(a) ESTABLISHMENT OF POSITION OF CHIEF EXECUTIVE
CER.—
(1) IN GENERAL.—Effective 60 days after the date
OFFI-
of the
enactment of this Act, there is established the position of Chief
Executive Officer of the Diplomatic Telecommunications Service Program Office (hereinafter in this subtitle referred to as
the ‘‘CEO’’).
(2) QUALIFICATIONS.—
(A) IN GENERAL.—The CEO shall be an individual
who—
(i) is a communications professional;
(ii) has served in the commercial telecommunications industry for at least 7 years;
(iii) has an extensive background in communications system design, maintenance, and support and a
background in organizational management; and
1 Section 311 of the Intelligence Authorization Act for Fiscal Year 2002 (Public Law 107–108;
115 Stat. 1394) provides:
SEC. 311. ONE-YEAR SUSPENSION OF REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
Notwithstanding any provision of subtitle B of title III of the Intelligence Authorization Act
for Fiscal Year 2001 (Public Law 106–567; 114 Stat. 2843; 22 U.S.C. 7301 et seq.), relating to
the reorganization of the Diplomatic Telecommunications Service Program Office, no provision
of that subtitle shall be effective during the period beginning on the date of the enactment of
this Act and ending on October 1, 2002.
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INTELLIGENCE AUTHORIZATION ACT FOR 2001
Sec. 322
(iv) submits to a background investigation and
possesses the necessary qualifications to obtain a security clearance required to meet the highest United
States Government security standards.
(B) LIMITATIONS.—The CEO may not be an individual
who was an officer or employee of DTS-PO prior to the
date of the enactment