-CITE-
    50 USC CHAPTER 15 - NATIONAL SECURITY                       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY

-HEAD-
                      CHAPTER 15 - NATIONAL SECURITY                  

-MISC1-
    Sec.                                                     
    401.        Congressional declaration of purpose.                 
    401a.       Definitions.                                          

             SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY         
    402.        National Security Council.                            
                  (a)  Establishment; presiding officer; functions;
                        composition.                                  
                  (b)  Additional functions.                          
                  (c)  Executive secretary; appointment; staff
                        employees.                                    
                  (d)  Recommendations and reports.                   
                  (e)  Participation of Chairman or Vice Chairman of
                        Joint Chiefs of Staff.                        
                  (f)  Participation by Director of National Drug
                        Control Policy.                               
                  (g)  Board for Low Intensity Conflict.              
                  (h)  Committee on Foreign Intelligence.             
                  (i)  Committee on Transnational Threats.            
                  (j)  Participation of Director of Central
                        Intelligence.                                 
                  (i)  Special Adviser to the President on
                        International Religious Freedom.              
    402-1.      Joint Intelligence Community Council.                 
                  (a)  Joint Intelligence Community Council.          
                  (b)  Membership.                                    
                  (c)  Functions.                                     
                  (d)  Meetings.                                      
                  (e)  Advice and opinions of members other than
                        Chairman.                                     
                  (f)  Recommendations to Congress.                   
    402a.       Coordination of counterintelligence activities.       
                  (a)  Establishment of Counterintelligence Policy
                        Board.                                        
                  (b)  Chairperson.                                   
                  (c)  Membership.                                    
                  (d)  Functions and discharge of functions.          
                  (e)  Coordination of counterintelligence matters
                        with Federal Bureau of Investigation.         
    402b.       National Counterintelligence Executive.               
                  (a)  Establishment.                                 
                  (b)  Mission.                                       
                  (c)  Duties.                                        
    402c.       Office of the National Counterintelligence Executive. 
                  (a)  Establishment.                                 
                  (b)  Head of Office.                                
                  (c)  Location of Office.                            
                  (d)  General Counsel.                               
                  (e)  Functions.                                     
                  (f)  Additional requirements regarding National
                        Threat Identification and Prioritization
                        Assessment and National Counterintelligence
                        Strategy.                                     
                  (g)  Personnel.                                     
                  (h)  Support.                                       
                  (i)  Availability of funds for reimbursement.       
                  (j)  Contracts.                                     
                  (k)  Treatment of activities under certain
                        administrative laws.                          
                  (l)  Oversight by Congress.                         
                  (m)  Construction.                                  
    403.        Director of National Intelligence.                    
                  (a)  Director of National Intelligence.             
                  (b)  Principal responsibility.                      
                  (c)  Prohibition on dual service.                   
    403-1.      Responsibilities and authorities of the Director of
                 National Intelligence.                               
                  (a)  Provision of intelligence.                     
                  (b)  Access to intelligence.                        
                  (c)  Budget authorities.                            
                  (d)  Role of Director of National Intelligence in
                        transfer and reprogramming of funds.          
                  (e)  Transfer of personnel.                         
                  (f)  Tasking and other authorities.                 
                  (g)  Intelligence information sharing.              
                  (h)  Analysis.                                      
                  (i)  Protection of intelligence sources and methods.
                  (j)  Uniform procedures for sensitive compartmented
                        information.                                  
                  (k)  Coordination with foreign governments.         
                  (l)  Enhanced personnel management.                 
                  (m)  Additional authority with respect to personnel.
                  (n)  Acquisition authorities.                       
                  (o)  Consideration of views of elements of
                        intelligence community.                       
                  (p)  Responsibility of Director of National
                        Intelligence regarding National Intelligence
                        Program budget concerning the Department of
                        Defense.                                      
                  (q)  Acquisitions of major systems.                 
                  (r)  Performance of common services.                
    403-1a.     Assignment of responsibilities relating to analytic
                 integrity.                                           
                  (a)  Assignment of responsibilities.                
                  (b)  Responsibilities.                              
                  (c)  Annual reports.                                
                  (d)  Congressional intelligence committees defined. 
    403-1b.     Additional education and training requirements.       
                  (a)  Findings.                                      
                  (b)  Linguistic requirements.                       
                  (c)  Professional intelligence training.            
    403-1c.     National Intelligence Reserve Corps.                  
                  (a)  Establishment.                                 
                  (b)  Eligible individuals.                          
                  (c)  Terms of participation.                        
                  (d)  Expenses.                                      
                  (e)  Treatment of annuitants.                       
                  (f)  Treatment under Office of Director of National
                        Intelligence personnel ceiling.               
    403-2.      Intelligence Community contracting.                   
    403-2a.     Construction of intelligence community facilities;
                 Presidential authorization.                          
    403-2b.     Limitation on construction of facilities to be used
                 primarily by intelligence community.                 
                  (a)  In general.                                    
                  (b)  Exception.                                     
                  (c)  Application.                                   
    403-3.      Office of the Director of National Intelligence.      
                  (a)  Office of Director of National Intelligence.   
                  (b)  Function.                                      
                  (c)  Composition.                                   
                  (d)  Staff.                                         
                  (e)  Limitation on co-location with other elements
                        of intelligence community.                    
    403-3a.     Deputy Directors of National Intelligence.            
                  (a)  Principal Deputy Director of National
                        Intelligence.                                 
                  (b)  Deputy Directors of National Intelligence.     
                  (c)  Military status of Director of National
                        Intelligence and Principal Deputy Director of
                        National Intelligence.                        
    403-3b.     National Intelligence Council.                        
                  (a)  National Intelligence Council.                 
                  (b)  Composition.                                   
                  (c)  Duties and responsibilities.                   
                  (d)  Service as senior intelligence advisers.       
                  (e)  Authority to contract.                         
                  (f)  Staff.                                         
                  (g)  Availability of Council and staff.             
                  (h)  Support.                                       
                  (i)  National Intelligence Council product.         
    403-3c.     General Counsel.                                      
                  (a)  General Counsel.                               
                  (b)  Prohibition on dual service as General Counsel
                        of another agency.                            
                  (c)  Scope of position.                             
                  (d)  Functions.                                     
    403-3d.     Civil Liberties Protection Officer.                   
                  (a)  Civil Liberties Protection Officer.            
                  (b)  Duties.                                        
                  (c)  Use of agency Inspectors General.              
    403-3e.     Director of Science and Technology.                   
                  (a)  Director of Science and Technology.            
                  (b)  Requirement relating to appointment.           
                  (c)  Duties.                                        
                  (d)  Director of National Intelligence Science and
                        Technology Committee.                         
    403-3f.     National Counterintelligence Executive.               
                  (a)  National Counterintelligence Executive.        
                  (b)  Duties.                                        
    403-3g.     Chief Information Officer.                            
                  (a)  Chief Information Officer.                     
                  (b)  Chief Information Officer of intelligence
                        community.                                    
                  (c)  Duties and responsibilities.                   
                  (d)  Prohibition on simultaneous service as other
                        chief information officer.                    
    403-4.      Central Intelligence Agency.                          
                  (a)  Central Intelligence Agency.                   
                  (b)  Function.                                      
    403-4a.     Director of the Central Intelligence Agency.          
                  (a)  Director of Central Intelligence Agency.       
                  (b)  Supervision.                                   
                  (c)  Duties.                                        
                  (d)  Responsibilities.                              
                  (e)  Termination of employment of CIA employees.    
                  (f)  Coordination with foreign governments.         
                  (g)  Foreign language proficiency for certain senior
                        level positions in Central Intelligence
                        Agency.                                       
    403-4b.     Transformation of Central Intelligence Agency.        
    403-5.      Responsibilities of Secretary of Defense pertaining to
                 National Intelligence Program.                       
                  (a)  In general.                                    
                  (b)  Responsibility for performance of specific
                        functions.                                    
                  (c)  Use of elements of Department of Defense.      
    403-5a.     Assistance to United States law enforcement agencies. 
                  (a)  Authority to provide assistance.               
                  (b)  Limitation on assistance by elements of
                        Department of Defense.                        
                  (c)  Definitions.                                   
    403-5b.     Disclosure of foreign intelligence acquired in
                 criminal investigations; notice of criminal
                 investigations of foreign intelligence sources.      
                  (a)  Disclosure of foreign intelligence.            
                  (b)  Procedures for notice of criminal
                        investigations.                               
                  (c)  Procedures.                                    
    403-5c.     Transferred.                                          
    403-5d.     Foreign intelligence information.                     
    403-5e.     Transferred.                                          
    403-6.      Appointment of officials responsible for
                 intelligence-related activities.                     
                  (a)  Recommendation of DNI in certain appointments. 
                  (b)  Concurrence of DNI in appointments to positions
                        in the intelligence community.                
                  (c)  Consultation with DNI in certain positions.    
    403-7.      Prohibition on using journalists as agents or assets. 
                  (a)  Policy.                                        
                  (b)  Waiver.                                        
                  (c)  Voluntary cooperation.                         
    403-8.      Reaffirmation of longstanding prohibition against drug
                 trafficking by employees of the intelligence
                 community.                                           
                  (a)  Finding.                                       
                  (b)  Obligation of employees of intelligence
                        community.                                    
                  (c)  Intelligence community defined.                
    403a.       Definitions relating to Central Intelligence Agency.  
    403b.       Seal of office of Central Intelligence Agency.        
    403c.       Procurement authority of Central Intelligence Agency. 
                  (a)  Purchases and contracts for supplies and
                        services.                                     
                  (b)  "Agency head" defined.                         
                  (c)  Classes of purchases and contracts; finality of
                        decision; powers delegable.                   
                  (d)  Powers not delegable; written findings.        
    403d.       Repealed.                                             
    403e.       Central Intelligence Agency personnel; allowances and
                 benefits.                                            
                  (a)  Travel, allowances, and related expenses for
                        officers and employees assigned to duty
                        stations outside United States.               
                  (b)  Allowances and benefits comparable to those
                        paid members of Foreign Service; special
                        requirements; persons detailed or assigned
                        from other agencies; regulations.             
    403e-1.     Eligibility for incentive awards.                     
                  (a)  Scope of authority with respect to Federal
                        employees and members of Armed Forces.        
                  (b)  Time for exercise of authority.                
                  (c)  Exercise of authority with respect to members
                        of Armed Forces assigned to foreign
                        intelligence duties.                          
                  (d)  Payment and acceptance of award.               
    403f.       General authorities of Agency.                        
                  (a)  In general.                                    
                  (b)  Scope of authority for expenditure.            
                  (c)  Transfers for acquisition of land.             
    403g.       Protection of nature of Agency's functions.           
    403h.       Admission of essential aliens; limitation on number.  
    403i.       Repealed.                                             
    403j.       Central Intelligence Agency; appropriations;
                 expenditures.                                        
    403k.       Authority to pay death gratuities.                    
    403l.       Authority to accept gifts, devises and bequests.      
                  (a)  Use for operational purposes prohibited.       
                  (b)  Sale, exchange and investment of gifts.        
                  (c)  Deposit of gifts into special fund.            
                  (d)  Taxation of gifts.                             
                  (e)  "Gift" defined.                                
    403m.       Misuse of Agency name, initials, or seal.             
                  (a)  Prohibited acts.                               
                  (b)  Injunction.                                    
    403n.       Special provisions for spouses of Central Intelligence
                 Agency employees applicable to Agency participants in
                 Civil Service Retirement and Disability System.      
                  (a)  Manner and extent of applicability.            
                  (b)  Regulations.                                   
    403o.       Security personnel at Agency installations.           
                  (a)  Special policemen: functions and powers;
                        regulations: promulgation and enforcement.    
                  (b)  Penalties for violations of regulations.       
                  (c)  Identification.                                
                  (d)  Protection of certain CIA personnel from tort
                        liability.                                    
    403p.       Health benefits for certain former spouses of Central
                 Intelligence Agency employees.                       
                  (a)  Persons eligible.                              
                  (b)  Enrollment for health benefits.                
                  (c)  Eligibility of former wives or husbands.       
                  (d)  Continuation of eligibility.                   
                  (e)  Remarriage before age fifty-five; continued
                        enrollment; restored eligibility.             
                  (f)  Enrollment in health benefits plan under other
                        authority.                                    
                  (g)  "Health benefits plan" defined.                
    403q.       Inspector General for Agency.                         
                  (a)  Purpose; establishment.                        
                  (b)  Appointment; supervision; removal.             
                  (c)  Duties and responsibilities.                   
                  (d)  Semiannual reports; immediate reports of
                        serious or flagrant problems; reports of
                        functional problems; reports to Congress on
                        urgent concerns.                              
                  (e)  Authorities of Inspector General.              
                  (f)  Separate budget account.                       
                  (g)  Transfer.                                      
    403r.       Special annuity computation rules for certain
                 employees' service abroad.                           
                  (a)  Officers and employees to whom rules apply.    
                  (b)  Computation rules.                             
                  (c)  Annuities deemed annuities under section 8339
                        of title 5.                                   
                  (d)  Officers and employees entitled to greater
                        annuities under section 8339 of title 5.      
    403r-1.     Portability of overseas service retirement benefit.   
    403s.       Special rules for disability retirement and
                 death-in-service benefits with respect to certain
                 employees.                                           
                  (a)  Officers and employees to whom section 2051
                        rules apply.                                  
                  (b)  Survivors of officers and employees to whom
                        section 2052 rules apply.                     
                  (c)  Annuities under this section deemed annuities
                        under chapter 83 of title 5.                  
    403t.       General Counsel of Central Intelligence Agency.       
                  (a)  Appointment.                                   
                  (b)  Chief legal officer.                           
                  (c)  Functions.                                     
    403u.       Central services program.                             
                  (a)  In general.                                    
                  (b)  Participation of Agency elements.              
                  (c)  Central Services Working Capital Fund.         
                  (d)  Limitation on amount of orders.                
                  (e)  Payment for items and services.                
                  (f)  Fees.                                          
                  (g)  Termination.                                   
    403v.       Detail of employees.                                  
    403w.       Intelligence operations and cover enhancement
                 authority.                                           
                  (a)  Definitions.                                   
                  (b)  In general.                                    
                  (c)  Compensation.                                  
                  (d)  Retirement benefits.                           
                  (e)  Health insurance benefits.                     
                  (f)  Life insurance benefits.                       
                  (g)  Exemption from certain requirements.           
                  (h)  Taxation and social security.                  
                  (i)  Regulations.                                   
                  (j)  Finality of decisions.                         
                  (k)  Subsequently enacted laws.                     
    403x.       Separation pay program for voluntary separation from
                 service.                                             
                  (a)  Definitions.                                   
                  (b)  Establishment of program.                      
                  (c)  Bar on certain employment.                     
                  (d)  Limitations.                                   
                  (e)  Amount and treatment for other purposes.       
                  (f)  Regulations.                                   
                  (g)  Reporting requirements.                        
    404.        Emergency preparedness.                               
                  (a)  Employment of personnel.                       
                  (b)  Functions.                                     
                  (c)  Utilization of Government resources and
                        facilities.                                   
    404a.       Annual national security strategy report.             
                  (a)  Transmittal to Congress.                       
                  (b)  Contents.                                      
                  (c)  Classified and unclassified form.              
    404b.       Multiyear national foreign intelligence program.      
                  (a)  Annual submission of multiyear national foreign
                        intelligence program.                         
                  (b)  Time of submission.                            
                  (c)  Consistency with budget estimates.             
                  (d)  Specified congressional committees.            
    404c.       Annual report on United States security arrangements
                 and commitments with other nations.                  
                  (a)  Report requirements.                           
                  (b)  Matters to be included.                        
                  (c)  Deadline for report.                           
                  (d)  Specified congressional committees.            
    404d.       Annual report on intelligence.                        
                  (a)  In general.                                    
                  (b)  Matters covered.                               
                  (c)  "Appropriate congressional committees" defined.
    404d-1.     Transferred.                                          
    404e.       National mission of National Geospatial-Intelligence
                 Agency.                                              
                  (a)  In general.                                    
                  (b)  Requirements and priorities.                   
                  (c)  Correction of deficiencies.                    
    404f.       Repealed.                                             
    404g.       Restrictions on intelligence sharing with United
                 Nations.                                             
                  (a)  Provision of intelligence information to United
                        Nations.                                      
                  (b)  Annual and special reports.                    
                  (c)  Delegation of duties.                          
                  (d)  Relationship to existing law.                  
                  (e)  "Appropriate committees of Congress" defined.  
    404h.       Detail of intelligence community personnel -
                 Intelligence Community Assignment Program.           
                  (a)  Detail.                                        
                  (b)  Benefits, allowances, travel, incentives.      
    404i.       Additional annual reports from the Director of
                 National Intelligence.                               
                  (a)  Annual report on the safety and security of
                        Russian nuclear facilities and nuclear
                        military forces.                              
                  (b)  Annual report on hiring and retention of
                        minority employees.                           
                  (c)  Annual report on threat of attack on the United
                        States using weapons of mass destruction.     
                  (d)  Congressional leadership defined.              
    404i-1.     Annual report on improvement of financial statements
                 for auditing purposes.                               
    404j.       Limitation on establishment or operation of diplomatic
                 intelligence support centers.                        
                  (a)  In general.                                    
                  (b)  Prohibition of use of appropriations.          
                  (c)  Definitions.                                   
                  (d)  Termination.                                   
    404k.       Travel on any common carrier for certain intelligence
                 collection personnel.                                
                  (a)  In general.                                    
                  (b)  Authorized delegation of duty.                 
    404l.       POW/MIA analytic capability.                          
                  (a)  Requirement.                                   
                  (b)  Unaccounted for United States personnel.       
    404m.       Semiannual report on financial intelligence on
                 terrorist assets.                                    
                  (a)  Semiannual report.                             
                  (b)  Immediate notification for emergency
                        designation.                                  
                  (c)  Submittal date of reports to congressional
                        intelligence committees.                      
                  (d)  Appropriate congressional committees defined.  
    404n.       National Virtual Translation Center.                  
                  (a)  Establishment.                                 
                  (b)  Designation.                                   
                  (c)  Function.                                      
                  (d)  Administrative matters.                        
                  (e)  Deadline for establishment.                    
    404n-1.     Foreign Terrorist Asset Tracking Center.              
                  (a)  Establishment.                                 
                  (b)  Designation.                                   
                  (c)  Deadline for establishment.                    
    404n-2.     Terrorist Identification Classification System.       
                  (a)  Requirement.                                   
                  (b)  Administration.                                
                  (c)  Information sharing.                           
                  (d)  Reporting and certification.                   
                  (e)  Report on criteria for information sharing.    
                  (f)  System administration requirements.            
                  (g)  Report on status of System.                    
                  (h)  Congressional intelligence committees defined. 
    404n-3.     Repealed.                                             
    404o.       National Counterterrorism Center.                     
                  (a)  Establishment of Center.                       
                  (b)  Director of National Counterterrorism Center.  
                  (c)  Reporting.                                     
                  (d)  Primary missions.                              
                  (e)  Domestic counterterrorism intelligence.        
                  (f)  Duties and responsibilities of Director.       
                  (g)  Limitation.                                    
                  (h)  Resolution of disputes.                        
                  (i)  Directorate of Intelligence.                   
                  (j)  Directorate of Strategic Operational Planning. 
    404o-1.     National Counter Proliferation Center.                
                  (a)  Establishment.                                 
                  (b)  Missions and objectives.                       
                  (c)  National security waiver.                      
                  (d)  Report to Congress.                            
                  (e)  Sense of Congress.                             
    404o-2.     National Intelligence Centers.                        
                  (a)  Authority to establish.                        
                  (b)  Resources of directors of centers.             
                  (c)  Information sharing.                           
                  (d)  Mission of centers.                            
                  (e)  Review and modification of centers.            
                  (f)  Termination.                                   
                  (g)  Separate budget account.                       

          SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS      
    405.        Advisory committees; appointment; compensation of
                 part-time personnel; applicability of other laws.    
    406.        Omitted.                                              
    407.        Study or plan of surrender; use of appropriations.    
    408.        Applicable laws.                                      
    409.        Definitions of military departments.                  
    409a.       National Security Agency voluntary separation.        
                  (a)  Short title.                                   
                  (b)  Definitions.                                   
                  (c)  Establishment of program.                      
                  (d)  Early retirement.                              
                  (e)  Amount of separation pay and treatment for
                        other purposes.                               
                  (f)  Reemployment restrictions.                     
                  (g)  Bar on certain employment.                     
                  (h)  Limitations.                                   
                  (i)  Regulations.                                   
                  (j)  Notification of exercise of authority.         
                  (k)  Remittance of funds.                           
    409b.       Authority of Federal Bureau of Investigation to award
                 personal services contracts.                         
                  (a)  In general.                                    
                  (b)  Inapplicability of certain requirements.       
                  (c)  Contract to be appropriate means of securing
                        services.                                     
    409b-1.     Reports on exercise of authority.                     
    410.        "Function" and "Department of Defense" defined.       
    411.        Authorization of appropriations.                      
    412.        Repealing and savings provisions.                     

        SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES    
    413.        General Congressional oversight provisions.           
                  (a)  Reports to Congressional committees of
                        intelligence activities and anticipated
                        activities.                                   
                  (b)  Reports concerning illegal intelligence
                        activities.                                   
                  (c)  Procedures for reporting information.          
                  (d)  Procedures to protect from unauthorized
                        disclosure.                                   
                  (e)  Construction of authority conferred.           
                  (f)  "Intelligence activities" defined.             
    413a.       Reporting of intelligence activities other than covert
                 actions.                                             
                  (a)  In general.                                    
                  (b)  Form and contents of certain reports.          
                  (c)  Standards and procedures for certain reports.  
    413b.       Presidential approval and reporting of covert actions.
                  (a)  Presidential findings.                         
                  (b)  Reports to congressional intelligence
                        committees; production of information.        
                  (c)  Timing of reports; access to finding.          
                  (d)  Changes in previously approved actions.        
                  (e)  "Covert action" defined.                       
                  (f)  Prohibition on covert actions intended to
                        influence United States political processes,
                        etc.                                          
    414.        Funding of intelligence activities.                   
                  (a)  Obligations and expenditures for intelligence
                        or intelligence-related activity;
                        prerequisites.                                
                  (b)  Activities denied funding by Congress.         
                  (c)  Presidential finding required for expenditure
                        of funds on covert action.                    
                  (d)  Report to Congressional committees required for
                        expenditure of nonappropriated funds for
                        intelligence activity.                        
                  (e)  Definitions.                                   
    415.        Notice to Congress of certain transfers of defense
                 articles and defense services.                       
    415a.       Specificity of National Intelligence Program budget
                 amounts for counterterrorism, counterproliferation,
                 counternarcotics, and counterintelligence.           
                  (a)  In general.                                    
                  (b)  Election of classified or unclassified form.   
    415a-1.     Budget treatment of costs of acquisition of major
                 systems by the intelligence community.               
                  (a)  Independent cost estimates.                    
                  (b)  Preparation of independent cost estimates.     
                  (c)  Utilization in budgets of President.           
                  (d)  Inclusion of estimates in budget justification
                        materials.                                    
                  (e)  Definitions.                                   
    415b.       Dates for submittal of various annual and semiannual
                 reports to the congressional intelligence committees.
                  (a)  Annual reports.                                
                  (b)  Semiannual reports.                            
                  (c)  Submittal dates for reports.                   
                  (d)  Postponement of submittal.                     

    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
    421.        Protection of identities of certain United States
                 undercover intelligence officers, agents, informants,
                 and sources.                                         
                  (a)  Disclosure of information by persons having or
                        having had access to classified information
                        that identifies covert agent.                 
                  (b)  Disclosure of information by persons who learn
                        identity of covert agents as result of having
                        access to classified information.             
                  (c)  Disclosure of information by persons in course
                        of pattern of activities intended to identify
                        and expose covert agents.                     
                  (d)  Imposition of consecutive sentences.           
    422.        Defenses and exceptions.                              
                  (a)  Disclosure by United States of identity of
                        covert agent.                                 
                  (b)  Conspiracy, misprision of felony, aiding and
                        abetting, etc.                                
                  (c)  Disclosure to select Congressional committees
                        on intelligence.                              
                  (d)  Disclosure by agent of own identity.           
    423.        Report.                                               
                  (a)  Annual report by President to Congress on
                        measures to protect identities of covert
                        agents.                                       
                  (b)  Exemption from disclosure.                     
    424.        Extraterritorial jurisdiction.                        
    425.        Providing information to Congress.                    
    426.        Definitions.                                          

              SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES          
    431.        Operational files of the Central Intelligence Agency. 
                  (a)  Exemption by Director of Central Intelligence
                        Agency.                                       
                  (b)  "Operational files" defined.                   
                  (c)  Search and review for information.             
                  (d)  Information derived or disseminated from
                        exempted operational files.                   
                  (e)  Supersedure of prior law.                      
                  (f)  Allegation; improper withholding of records;
                        judicial review.                              
                  (g)  Decennial review of exempted operational files.
    432.        Operational files of the National
                 Geospatial-Intelligence Agency.                      
                  (a)  Exemption of certain operational files from
                        search, review, publication, or disclosure.   
                  (b)  Decennial review of exempted operational files.
    432a.       Operational files of the National Reconnaissance
                 Office.                                              
                  (a)  Exemption of certain operational files from
                        search, review, publication, or disclosure.   
                  (b)  Decennial review of exempted operational files.
    432b.       Operational files of the National Security Agency.    
                  (a)  Exemption of certain operational files from
                        search, review, publication, or disclosure.   
                  (b)  Operational files defined.                     
                  (c)  Search and review for information.             
                  (d)  Information derived or disseminated from
                        exempted operational files.                   
                  (e)  Supersedure of other laws.                     
                  (f)  Allegation; improper withholding of records;
                        judicial review.                              
                  (g)  Decennial review of exempted operational files.
    432c.       Operational files of the Defense Intelligence Agency. 
                  (a)  Exemption of operational files.                
                  (b)  Operational files defined.                     
                  (c)  Search and review for information.             
                  (d)  Information derived or disseminated from
                        exempted operational files.                   
                  (e)  Allegation; improper withholding of records;
                        judicial review.                              
                  (f)  Decennial review of exempted operational files.
                  (g)  Termination.                                   

             SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION         
    435.        Procedures.                                           
    435a.       Limitation on handling, retention, and storage of
                 certain classified materials by the Department of
                 State.                                               
                  (a)  Certification regarding full compliance with
                        requirements.                                 
                  (b)  Limitation on certification.                   
                  (c)  Report on noncompliance.                       
                  (d)  Effects of certification of non-full
                        compliance.                                   
                  (e)  Waiver by Director of Central Intelligence.    
                  (f)  Definitions.                                   
    435b.       Security clearances.                                  
                  (a)  Definitions.                                   
                  (b)  Selection of entity.                           
                  (c)  Performance of security clearance
                        investigations.                               
                  (d)  Reciprocity of security clearance and access
                        determinations.                               
                  (e)  Database on security clearances.               
                  (f)  Evaluation of use of available technology in
                        clearance investigations and adjudications.   
                  (g)  Reduction in length of personnel security
                        clearance process.                            
                  (h)  Reports.                                       
                  (i)  Authorization of appropriations.               
    436.        Requests by authorized investigative agencies.        
                  (a)  Generally.                                     
                  (b)  Disclosure of requests.                        
                  (c)  Records or information; inspection or copying. 
                  (d)  Reimbursement of costs.                        
                  (e)  Dissemination of records or information
                        received.                                     
                  (f)  Construction of section.                       
    437.        Exceptions.                                           
    438.        Definitions.                                          

      SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
                                ACTIVITIES
    441.        Stay of sanctions.                                    
    441a.       Extension of stay.                                    
    441b.       Reports.                                              
    441c.       Laws subject to stay.                                 
    441d.       Repealed.                                             

     SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE 

                      PART A - SCIENCE AND TECHNOLOGY                  
    441g.       Scholarships and work-study for pursuit of graduate
                 degrees in science and technology.                   
                  (a)  Program authorized.                            
                  (b)  Administration.                                
                  (c)  Identification of fields of study.             
                  (d)  Eligibility for participation.                 
                  (e)  Regulations.                                   
    441g-1.     Framework for cross-disciplinary education and
                 training.                                            
    441g-2.     Intelligence Community Scholarship Program.           
                  (a)  Establishment.                                 
                  (b)  Eligibility.                                   
                  (c)  Application.                                   
                  (d)  Programs and fields of study.                  
                  (e)  Scholarships.                                  
                  (f)  Special consideration for current employees.   
                  (g)  Employee service.                              
                  (h)  Repayment.                                     
                  (i)  Cancellation, waiver, or suspension of
                        obligation.                                   
                  (j)  Regulations.                                   
                  (k)  Definitions.                                   

                    PART B - FOREIGN LANGUAGES PROGRAM                
    441j.       Program on advancement of foreign languages critical
                 to the intelligence community.                       
                  (a)  In general.                                    
                  (b)  Identification of requisite actions.           
    441j-1      Education partnerships.                               
                  (a)  In general.                                    
                  (b)  Assistance provided under educational
                        partnership agreements.                       
    441j-2.     Voluntary services.                                   
                  (a)  Authority to accept services.                  
                  (b)  Requirements and limitations.                  
                  (c)  Authority to recruit and train individuals
                        providing services.                           
                  (d)  Status of individuals providing services.      
                  (e)  Reimbursement of incidental expenses.          
                  (f)   Authority to install equipment.               
    441j-3.     Regulations.                                          
                  (a)  In general.                                    
                  (b)  Elements of the intelligence community.        
    441j-4.     Definitions.                                          

                 PART C - ADDITIONAL EDUCATION PROVISIONS             
    441m.       Assignment of intelligence community personnel as
                 language students.                                   
                  (a)  In general.                                    
                  (b)  Authority for reimbursement of costs of tuition
                        and training.                                 
                  (c)  Relationship to compensation as an analyst.    

           SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS       
    442.        Applicability to United States intelligence activities
                 of Federal laws implementing international treaties
                 and agreements.                                      
                  (a)  In general.                                    
                  (b)  Authorized intelligence activities.            
    442a.       Counterintelligence initiatives.                      
                  (a)  Inspection process.                            
                  (b)  Annual review of dissemination lists.          
                  (c)  Completion of financial disclosure statements
                        required for access to certain classified
                        information.                                  
                  (d)  Arrangements to handle sensitive information.  

-End-



-CITE-
    50 USC Sec. 401                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY

-HEAD-
    Sec. 401. Congressional declaration of purpose

-STATUTE-
      In enacting this legislation, it is the intent of Congress to
    provide a comprehensive program for the future security of the
    United States; to provide for the establishment of integrated
    policies and procedures for the departments, agencies, and
    functions of the Government relating to the national security; to
    provide a Department of Defense, including the three military
    Departments of the Army, the Navy (including naval aviation and the
    United States Marine Corps), and the Air Force under the direction,
    authority, and control of the Secretary of Defense; to provide that
    each military department shall be separately organized under its
    own Secretary and shall function under the direction, authority,
    and control of the Secretary of Defense; to provide for their
    unified direction under civilian control of the Secretary of
    Defense but not to merge these departments or services; to provide
    for the establishment of unified or specified combatant commands,
    and a clear and direct line of command to such commands; to
    eliminate unnecessary duplication in the Department of Defense, and
    particularly in the field of research and engineering by vesting
    its overall direction and control in the Secretary of Defense; to
    provide more effective, efficient, and economical administration in
    the Department of Defense; to provide for the unified strategic
    direction of the combatant forces, for their operation under
    unified command, and for their integration into an efficient team
    of land, naval, and air forces but not to establish a single Chief
    of Staff over the armed forces nor an overall armed forces general
    staff.

-SOURCE-
    (July 26, 1947, ch. 343, Sec. 2, 61 Stat. 496; Aug. 10, 1949, ch.
    412, Sec. 2, 63 Stat. 579; Pub. L. 85-599, Sec. 2, Aug. 6, 1958, 72
    Stat. 514.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This legislation, referred to in text, means act July 26, 1947,
    ch. 343, 61 Stat. 495, as amended, known as the National Security
    Act of 1947. For complete classification of this Act to the Code,
    see Short Title note set out below and Tables.


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-599 amended section generally, and, among other
    changes, provided that each military department shall be separately
    organized, instead of separately administered, under its own
    Secretary and shall function under the direction, authority, and
    control of the Secretary of Defense, and inserted provisions
    relating to establishment of unified or specified combatant
    commands and for elimination of unnecessary duplication.
      1949 - Act Aug. 10, 1949, provided that the military departments
    shall be separately administered but be under the direction of the
    Secretary of Defense, and that there shall not be a single Chief of
    Staff over the armed forces nor an armed forces general staff.

-CHANGE-
                              CHANGE OF NAME                          
      Pub. L. 108-458, title I, Sec. 1081, Dec. 17, 2004, 118 Stat.
    3696, provided that:
      "(a) Director of Central Intelligence as Head of Intelligence
    Community. - Any reference to the Director of Central Intelligence
    or the Director of the Central Intelligence Agency in the
    Director's capacity as the head of the intelligence community in
    any law, regulation, document, paper, or other record of the United
    States shall be deemed to be a reference to the Director of
    National Intelligence.
      "(b) Director of Central Intelligence as Head of CIA. - Any
    reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the Central Intelligence Agency in any law, regulation,
    document, paper, or other record of the United States shall be
    deemed to be a reference to the Director of the Central
    Intelligence Agency.
      "(c) Community Management Staff. - Any reference to the Community
    Management Staff in any law, regulation, document, paper, or other
    record of the United States shall be deemed to be a reference to
    the staff of the Office of the Director of National Intelligence."


-MISC2-
         EFFECTIVE DATE OF 2004 AMENDMENTS; TRANSITION PROVISIONS     
      Pub. L. 108-458, title I, subtitle H, Dec. 17, 2004, 118 Stat.
    3697, as amended by Pub. L. 109-13, div. A, title I, Sec. 1009, May
    11, 2005, 119 Stat. 244, provided that:

      "SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
      "(a) Transfer. - There shall be transferred to the Office of the
    Director of National Intelligence such staff of the Community
    Management Staff as of the date of the enactment of this Act [Dec.
    17, 2004] as the Director of National Intelligence determines to be
    appropriate, including all functions and activities discharged by
    the Community Management Staff as of that date.
      "(b) Administration. - The Director of National Intelligence
    shall administer the Community Management Staff after the date of
    the enactment of this Act [Dec. 17, 2004] as a component of the
    Office of the Director of National Intelligence under section 103
    of the National Security Act of 1947 [50 U.S.C. 403-3], as amended
    by section 1011(a) of this Act.

      "SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
      "(a) Transfer. - There shall be transferred to the National
    Counterterrorism Center the Terrorist Threat Integration Center
    (TTIC) or its successor entity, including all functions and
    activities discharged by the Terrorist Threat Integration Center or
    its successor entity as of the date of the enactment of this Act
    [Dec. 17, 2004].
      "(b) Administration. - The Director of the National
    Counterterrorism Center shall administer the Terrorist Threat
    Integration Center after the date of the enactment of this Act
    [Dec. 17, 2004] as a component of the Directorate of Intelligence
    of the National Counterterrorism Center under section 119(i) of the
    National Security Act of 1947 [50 U.S.C. 404o(i)], as added by
    section 1021(a) [1021] of this Act.

      "SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF
        CENTRAL INTELLIGENCE.
      "(a) Termination. - The positions referred to in subsection (b)
    are hereby abolished.
      "(b) Covered Positions. - The positions referred to in this
    subsection are as follows:
        "(1) The Assistant Director of Central Intelligence for
      Collection.
        "(2) The Assistant Director of Central Intelligence for
      Analysis and Production.
        "(3) The Assistant Director of Central Intelligence for
      Administration.

      "SEC. 1094. IMPLEMENTATION PLAN.
      "The President shall transmit to Congress a plan for the
    implementation of this title [see Short Title of 2004 Amendment
    note below] and the amendments made by this title. The plan shall
    address, at a minimum, the following:
        "(1) The transfer of personnel, assets, and obligations to the
      Director of National Intelligence pursuant to this title.
        "(2) Any consolidation, reorganization, or streamlining of
      activities transferred to the Director of National Intelligence
      pursuant to this title.
        "(3) The establishment of offices within the Office of the
      Director of National Intelligence to implement the duties and
      responsibilities of the Director of National Intelligence as
      described in this title.
        "(4) Specification of any proposed disposition of property,
      facilities, contracts, records, and other assets and obligations
      to be transferred to the Director of National Intelligence.
        "(5) Recommendations for additional legislative or
      administrative action as the President considers appropriate.

      "SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
        IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.
      "(a) Report. - Not later than one year after the effective date
    of this Act [probably means the effective date of title I of Pub.
    L. 108-458, see below], the Director of National Intelligence shall
    submit to the congressional intelligence committees a report on the
    progress made in the implementation of this title [see Short Title
    of 2004 Amendment note below], including the amendments made by
    this title. The report shall include a comprehensive description of
    the progress made, and may include such recommendations for
    additional legislative or administrative action as the Director
    considers appropriate.
      "(b) Congressional Intelligence Committees Defined. - In this
    section, the term 'congressional intelligence committees' means - 
        "(1) the Select Committee on Intelligence of the Senate; and
        "(2) the Permanent Select Committee on Intelligence of the
      House of Representatives.

      "SEC. 1096. TRANSITIONAL AUTHORITIES.
      "(a) In General. - Upon the request of the Director of National
    Intelligence, the head of any executive agency may, on a
    reimbursable basis, provide services or detail personnel to the
    Director of National Intelligence.
      "(b) Transfer of Personnel. - In addition to any other
    authorities available under law for such purposes, in the fiscal
    years 2005 and 2006, the Director of National Intelligence - 
        "(1) is authorized within the Office of the Director of
      National Intelligence the total of 500 new personnel positions;
      and
        "(2) with the approval of the Director of the Office of
      Management and Budget, may detail not more than 150 personnel
      funded within the National Intelligence Program to the Office of
      the Director of National Intelligence for a period of not more
      than 2 years.

      "SEC. 1097. EFFECTIVE DATES.
      "(a) In General. - Except as otherwise expressly provided in this
    Act [see Short Title of 2004 Amendment note below], this title [see
    Short Title of 2004 Amendment note below] and the amendments made
    by this title shall take effect not later than six months after the
    date of the enactment of this Act [Dec. 17, 2004] [For
    determination by the President that certain sections of title I of
    Pub. L. 108-458 take effect earlier than six months after the date
    of enactment, see Memorandum of President of the United States,
    Apr. 21, 2005, 70 F.R. 23925, set out as a note below.].
      "(b) Specific Effective Dates. - (1)(A) Not later than 60 days
    after the date of the appointment of the first Director of National
    Intelligence, the Director of National Intelligence shall first
    appoint individuals to positions within the Office of the Director
    of National Intelligence.
      "(B) Subparagraph (A) shall not apply with respect to the
    Principal Deputy Director of National Intelligence.
      "(2) Not later than 180 days after the effective date of this Act
    [probably means the effective date of title I of Pub. L. 108-458,
    see above], the President shall transmit to Congress the
    implementation plan required by section 1094.
      "(3) Not later than one year after the date of the enactment of
    this Act [Dec. 17, 2004], the Director of National Intelligence
    shall prescribe regulations, policies, procedures, standards, and
    guidelines required under section 102A of the National Security Act
    of 1947 [50 U.S.C. 403-1], as amended by section 1011(a) of this
    Act."
      [Functions of President under section 1094 of Pub. L. 108-458,
    set out in a note above, assigned to the Director of National
    Intelligence by section 3 of Memorandum of President of the United
    States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under
    section 301 of Title 3, The President.]

                              EFFECTIVE DATE                          
      Section 310 of act July 26, 1947, provided:
      "(a) The first sentence of section 202(a) [section 171a of former
    Title 5, Executive Departments and Government Officers and
    Employees] and sections 1, 2, 307, 308, 309, and 310 [section 171
    note of former Title 5, section 361 of this title, and sections
    171m and 171n of former Title 5] shall take effect immediately upon
    the enactment of this Act [July 26, 1947].
      "(b) Except as provided in subsection (a), the provisions of this
    Act [sections 171 to 171l, 181-1, 181-2, 411a, 411b, 626 to 626d of
    former Title 5, section 24 of Title 3, The President, and sections
    401 to 405 of this title] shall take effect on whichever of the
    following days is the earlier: The day after the day upon which the
    Secretary of Defense first appointed takes office, or the sixtieth
    day after the date of the enactment of this Act [July 26, 1947]."

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-458, Sec. 1(a), Dec. 17, 2004, 118 Stat. 3638,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Intelligence Reform and Terrorism Prevention Act of
    2004'."
      Pub. L. 108-458, title I, Sec. 1001, Dec. 17, 2004, 118 Stat.
    3643, provided that: "This title [enacting sections 402-1, 403, 403-
    1, 403-1a to 403-1c, 403-3, 403-3a to 403-3f, 403-4, 403-4a, 403-
    4b, 404o, 404o-1, 404o-2, 441g-1, and 441g-2 of this title,
    section 8K of the Inspector General Act set out in the Appendix to
    Title 5, Government Organization and Employees, and section 485 of
    Title 6, Domestic Security, amending sections 401a, 402, 402a to
    402c, 403-5, 403-5b, 403-6, 403a, 403b, 403g, 403n, 403p, 403q,
    403t, 403u, 404e, 404g to 404i, 404i-1, 404j to 404l, 404n, 404n-1,
    404n-2, 405, 413, 413a, 413b, 414, 415a, 415a-1, 423, 431, 432,
    432a, 432b, 441g, 442a, 1802 to 1805, 1822 to 1824, 1842, 2001, and
    2011 of this title, sections 5312, 5313, 5315, 7323, and 7342 of
    Title 5, section 105 of the Ethics in Government Act set out in the
    Appendix to Title 5, section 9 of the Classified Information
    Procedures Act set out in the Appendix to Title 18, Crimes and
    Criminal Procedure, and section 113 of Title 40, Public Buildings,
    Property, and Works, repealing sections 403, 403-1, 403-3, 403-4,
    and 404f of this title, enacting provisions set out as notes under
    this section, sections 403, 403-1, 403-1a, and 403-4b of this
    title, and section 601 of Title 5, and amending provisions set out
    as notes under sections 403, 403-3, 403-4, 435, and 441g of this
    title, section 4124 of Title 18, and section 519 of Title 28,
    Judiciary and Judicial Procedure] may be cited as the 'National
    Security Intelligence Reform Act of 2004'."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-306, title IX, Sec. 901(a), Nov. 27, 2002, 116 Stat.
    2432, provided that: "This title [enacting sections 402b and 402c
    of this title, amending section 402a of this title, and enacting
    provisions set out as a note under section 402b of this title] may
    be cited as the 'Counterintelligence Enhancement Act of 2002'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-293, title VIII, Sec. 801, Oct. 11, 1996, 110 Stat.
    3474, provided that: "This title [enacting sections 403, 403-1, 403-
    5a, and 403t of this title, amending sections 402, 403, 403-3 to
    403-6, and 404d of this title and sections 5314 and 5315 of Title
    5, Government Organization and Employees, repealing former section
    403 of this title, and enacting provisions set out as notes under
    sections 403-3, 403-4, and 403t of this title] may be cited as the
    'Intelligence Renewal and Reform Act of 1996'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-359, title VIII, Sec. 801, Oct. 14, 1994, 108 Stat.
    3434, provided that: "This title [enacting sections 402a, 435 to
    438, and 1821 to 1829 of this title, section 2170b of the Appendix
    to this title, section 1599 [now 1611] of Title 10, Armed Forces,
    and section 1924 of Title 18, Crimes and Criminal Procedure,
    amending section 783 of this title, section 2170 of the Appendix to
    this title, section 8312 of Title 5, Government Organization and
    Employees, section 1604 of Title 10, and sections 793, 794, 798,
    3071, and 3077 of Title 18, enacting provisions set out as notes
    under sections 435 and 1821 of this title, and amending provisions
    set out as notes under sections 402 and 1801 of this title] may be
    cited as the 'Counterintelligence and Security Enhancements Act of
    1994'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-496, title VII, Sec. 701, Oct. 24, 1992, 106 Stat.
    3188, provided that: "This title [enacting sections 401a and 403-3
    to 403-6 of this title, amending sections 402, 403, 404, and 404a
    of this title, and repealing section 403-1 of this title] may be
    cited as the 'Intelligence Organization Act of 1992'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-477, Sec. 1, Oct. 15, 1984, 98 Stat. 2209, provided:
    "That this Act [enacting sections 431 and 432 of this title,
    amending section 552a of Title 5, Government Organization and
    Employees, and enacting provisions set out as notes under sections
    431 and 432 of this title] may be cited as the 'Central
    Intelligence Agency Information Act'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-200, Sec. 1, June 23, 1982, 96 Stat. 122, provided:
    "That this Act [enacting subchapter IV of this chapter] may be
    cited as the 'Intelligence Identities Protection Act of 1982'."

                       SHORT TITLE OF 1949 AMENDMENT                   
      Section 1 of act Aug. 10, 1949, provided that: "This Act
    [enacting sections 408 and 412 of this title and sections 171-1,
    171t, 172, 172a to 172d, and 172f to 172j of former Title 5,
    Executive Departments and Government Officers and Employees,
    amending this section, sections 151, 402, 403d, 405, 410, 459, 481,
    and 494 of this title, sections 171, 171a, 171b to 171d, 171e to
    171j, 171n, 171r, 172e, 411b, and 626c of former Title 5, section
    1748b of Title 12, Banks and Banking, section 1517 of Title 15,
    Commerce and Trade, sections 474, 481 to 484, and 487 of former
    Title 40, Public Buildings, Property, and Works, section 364a of
    Title 43, Public Lands, sections 1156 and 1157 of former Title 49,
    Transportation, and section 1193 of the Appendix to this title, and
    enacting provisions set out as notes under this section and
    sections 171 and 171c of former Title 5] may be cited as the
    'National Security Act Amendments of 1949'."

                                SHORT TITLE                            
      Section 1 of act July 26, 1947, provided: "That this Act
    [enacting this section, sections 401a to 403, 404, 405, and 408 to
    412 of this title, and sections 171, 171-1, 171-2, 171a, 171b to
    171d, 171e to 171j, 171k to 171m, 171n, 172, 172a to 172d, 172f to
    172j, 181-1, 181-2, 411a, 411b, 626, 626a to 626c, and 626d of
    former Title 5, Executive Department and Government Officers and
    Employees, amending sections 1, 11, and 172e of former Title 5,
    section 1517 of Title 15, Commerce and Trade, and section 72 of
    former Title 31, Money and Finance, and enacting provisions set out
    as notes under this section and section 135 of Title 10, Armed
    Forces] may be cited as the 'National Security Act of 1947'."
      Sections of National Security Act of 1947, which were classified
    to former Title 5, were repealed and restated in Title 10, Armed
    Forces, except as noted, as follows:


        Section of former                  Section of Title 10          
             Title 5                                                    
    --------------------------------------------------------------------
    171                         131, 133.                               
    171a(a), (b)                133.                                    
    171a(c)                     125, 136, 141, 3010, 3012, 5011, 5031,  
                                 8010, 8012.                            
    171a(d)                     133.                                    
    171a(e)                     132.                                    
    171a(f)                     133.                                    
    171a(g)-(i)                 [Omitted].                              
    171a(j)                     124.                                    
    171c                        134, 135, 136, 718, 2358.               
    171c-1, 171c-2              [Repealed].                             
    171d                        1580.                                   
    171e                        171.                                    
    171f                        141, 142.                               
    171g                        143.                                    
    171h                        2201.                                   
    171i                        2351.                                   
    171j                        173.                                    
    172                         136.                                    
    172a                        3014, 5061, 8014.                       
    172b                        2203.                                   
    172c                        2204.                                   
    172d                        2208.                                   
    172e                        2209.                                   
    172f                        126.                                    
    172g                        2205.                                   
    172h                        2206.                                   
    172i                        2701.                                   
    181-1                       101, 3011, 3012, 3062, T. 50 Sec. 409.  
    181-2                       3012.                                   
    411a(a)                     101; T. 50 Sec. 409.                    
    411a(b)                     5012.                                   
    411a(c)                     5013, 5402.                             
    626(a)                      8012.                                   
    626(b)                      [Repealed].                             
    626(c)                      101; T. 50 Sec. 409.                    
    626(d)                      8013.                                   
    626(e)                      8012.                                   
    626(f)                      8033.                                   
    626(g)                      8011.                                   
    626a                        8012.                                   
    626b                        8013.                                   
    626c                        743, 8062.                              
    --------------------------------------------------------------------


                            SAVINGS PROVISIONS                        
      Pub. L. 108-487, title VIII, Sec. 803, Dec. 23, 2004, 118 Stat.
    3962, provided that:
      "(a) Head of Intelligence Community. - (1) During the period
    beginning on the date of the enactment of this Act [Dec. 23, 2004]
    and ending on the date of the appointment of the Director of
    National Intelligence [Apr. 21, 2005] under section 102 of the
    National Security Act of 1947, as amended by section 1011(a) of the
    National Security Intelligence Reform Act of 2004 [50 U.S.C. 403],
    the Director of Central Intelligence may, acting as the head of the
    intelligence community, discharge the functions and authorities
    provided in this Act, and the amendments made by this Act [see
    Effective Date of 2004 Amendments note set out under section 2656f
    of Title 22, Foreign Relations and Intercourse], to the Director of
    National Intelligence.
      "(2) During the period referred to in paragraph (1) any reference
    in this Act or the amendments made by this Act to the Director of
    National Intelligence shall be considered to be a reference to the
    Director of Central Intelligence, as the head of the intelligence
    community.
      "(3) Upon the appointment of an individual as Director of
    National Intelligence under section 102 of the National Security
    Act of 1947, as so amended, any reference in this Act, or in the
    classified annex to accompany this Act, to the Director of Central
    Intelligence as head of the intelligence community shall be deemed
    to be a reference to the Director of National Intelligence.
      "(b) Head of Central Intelligence Agency. - (1) During the period
    beginning on the date of the enactment of this Act [Dec. 23, 2004]
    and ending on the date of the appointment of the Director of the
    Central Intelligence Agency under section 104A of the National
    Security Act of 1947, as amended by section 1011(a) of the National
    Security Intelligence Reform Act of 2004 [50 U.S.C. 403-4a], the
    Director of Central Intelligence may, acting as the head of the
    Central Intelligence Agency, discharge the functions and
    authorities provided in this Act, and the amendments made by this
    Act, to the Director of the Central Intelligence Agency.
      "(2) Upon the appointment of an individual as Director of the
    Central Intelligence Agency under section 104A of the National
    Security Act of 1947, as so amended, any reference in this Act, or
    in the classified annex to accompany this Act, to the Director of
    Central Intelligence as head of the Central Intelligence Agency
    shall be deemed to be a reference to the Director of the Central
    Intelligence Agency."
      Section 12(g) of act Aug. 10, 1949, provided: "All laws, orders,
    regulations, and other actions relating to the National Military
    Establishment, the Departments of the Army, the Navy, or the Air
    Force, or to any officer or activity of such establishment or such
    departments, shall, except to the extent inconsistent with the
    provisions of this Act [see Short Title of 1949 Amendment note
    above], have the same effect as if this Act had not been enacted;
    but, after the effective date of this Act [Aug. 10, 1949], any such
    law, order, regulation, or other action which vested functions in
    or otherwise related to any officer, department, or establishment,
    shall be deemed to have vested such function in or relate to the
    officer or department, executive or military, succeeding the
    officer, department, or establishment in which such function was
    vested. For purposes of this subsection the Department of Defense
    shall be deemed the department succeeding the National Military
    Establishment, and the military departments of Army, Navy, and Air
    Force shall be deemed the departments succeeding the Executive
    Departments of Army, Navy, and Air Force."

                               SEPARABILITY                           
      Pub. L. 108-458, title I, Sec. 1103, Dec. 17, 2004, 118 Stat.
    3700, provided that: "If any provision of this Act [see Short Title
    of 2004 Amendment note above], or an amendment made by this Act, or
    the application of such provision to any person or circumstance is
    held invalid, the remainder of this Act, or the application of such
    provision to persons or circumstances other those to which such
    provision is held invalid shall not be affected thereby."
      Section 309 of act July 26, 1947, provided: "If any provision of
    this Act [see Short Title note above] or the application thereof to
    any person or circumstances is held invalid, the validity of the
    remainder of the Act and of the application of such provision to
    other persons and circumstances shall not be affected thereby."
      [Section 310(a) of act July 26, 1947, set out as an Effective
    Date note above, provided that section 309 of act July 26, 1947, is
    effective July 26, 1947.]

      CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL INTELLIGENCE  
      Pub. L. 108-487, title VIII, Sec. 802, Dec. 23, 2004, 118 Stat.
    3962, provided that: "Except as otherwise specifically provided or
    otherwise provided by context, any reference in this Act [see
    Effective Date of 2004 Amendments note set out under section 2656f
    of Title 22, Foreign Relations and Intercourse], or in the
    classified annex to accompany this Act, to the Director of Central
    Intelligence shall be deemed to be a reference to the Director of
    Central Intelligence as head of the intelligence community."

                  INCORPORATION OF REPORTING REQUIREMENTS              
      Pub. L. 108-177, title I, Sec. 106, Dec. 13, 2003, 117 Stat.
    2604, provided that:
      "(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. 2417 of the One Hundred Eighth Congress [enacted as Pub.
    L. 108-177], 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."
      Similar provisions were contained in Pub. L. 107-306, title I,
    Sec. 108, Nov. 27, 2002, 116 Stat. 2388.

    NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS
                OF THE UNITED STATES INTELLIGENCE COMMUNITY
      Pub. L. 107-306, title X, Nov. 27, 2002, 116 Stat. 2437, as
    amended by Pub. L. 108-177, title III, Sec. 315(a), Dec. 13, 2003,
    117 Stat. 2610, established the National Commission for the Review
    of the Research and Development Programs of the United States
    Intelligence Community to review the status of research and
    development programs and activities within the intelligence
    community, directed the Commission to submit to the congressional
    intelligence committees, the Director of Central Intelligence, and
    the Secretary of Defense a final report on such review not later
    than Sept. 1, 2004, provided that the Commission was to terminate
    at the end of the 120-day period beginning on the date on which the
    final report was transmitted to the congressional intelligence
    committees, and directed the Director of Central Intelligence and
    the Secretary of Defense to each submit to the congressional
    intelligence committees an assessment of the final report not later
    than 60 days after receipt.

     NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL RECONNAISSANCE
                                  OFFICE
      Pub. L. 106-120, title VII, Dec. 3, 1999, 113 Stat. 1620,
    established the National Commission for the Review of the National
    Reconnaissance Office to review the current organization,
    practices, and authorities of the National Reconnaissance Office,
    directed the Commission to submit to the congressional intelligence
    committees, the Director of Central Intelligence, and the Secretary
    of Defense a final report on such review not later than Nov. 1,
    2000, provided that the Commission would terminate at the end of
    the 120-day period beginning on the date on which the final report
    was transmitted to the congressional intelligence committees, and
    directed the Director of Central Intelligence and the Secretary of
    Defense to each submit to the congressional intelligence committees
    an assessment of the final report not later than 60 days after
    receipt.

    COMMISSION ON ROLES AND CAPABILITIES OF UNITED STATES INTELLIGENCE
                                 COMMUNITY
      Pub. L. 103-359, title IX, Oct. 14, 1994, 108 Stat. 3456, related
    to establishment, composition, duties, reports, powers, payment of
    expenses, and termination, not later than Mar. 1, 1996, of the
    Commission on the Roles and Capabilities of the United States
    Intelligence Community.

           NATIONAL COMMISSION ON DEFENSE AND NATIONAL SECURITY       
      Pub. L. 101-511, title VIII, Sec. 8104, Nov. 5, 1990, 104 Stat.
    1898, as amended by Pub. L. 102-172, title VIII, Sec. 8078, Nov.
    26, 1991, 105 Stat. 1189, provided that:
      "SECTION 1. This section establishes the National Commission on
    Defense and National Security.

      "SEC. 2. FINDINGS.
      "The Congress makes the following findings:
        "(1) Recent revolutionary world events require a fundamental
      reassessment of the defense and national security policies of the
      United States.
        "(2) Emerging democracies around the world will require
      political, technical, and economic assistance, as well as
      military assistance, from the developed free nations in order to
      thrive and to become productive members of the world community.
        "(3) Real and potential military threats to the United States
      and its allies will continue to exist for the foreseeable future
      from not just the Soviet Union but also from terrorism and from
      Third World nations.
        "(4) Proliferation of both sophisticated conventional weapons
      and of nuclear weapons could produce a world more dangerous than
      we have faced in the past.
        "(5) Ethnic rivalries as well as economic inequalities may
      produce instabilities that could spark serious conflict.
        "(6) In order to formulate coherent national policies to meet
      these challenges of a new world environment, it is essential for
      the United States to achieve a bipartisan consensus such as that
      which emerged following World War II.
        "(7) Such a consensus can be fostered by the development of
      policy recommendations from a highly respected group of
      individuals who do not bear a partisan label and who possess
      critical expertise and experience.

      "SEC. 3. ESTABLISHMENT.
      "There is established a commission to be known as [the] National
    Commission on Defense and National Security (hereinafter in this
    Act referred to as the 'Commission'). The Commission is established
    until 30 days following submission of the final report required by
    section 6 of this section.

      "SEC. 4. DUTIES OF COMMISSION.
      "(a) In General. - The Commission shall analyze and make
    recommendations to the President and Congress concerning the
    national security and national defense policies of the United
    States.
      "(b) Matters To Be Analyzed. - Matters to be analyzed by the
    Commission shall include the following:
        "(1) The world-wide interests, goals, and objectives of the
      United States that are vital to the national security of the
      United States.
        "(2) The political, economic, and military developments around
      the world and the implications of those developments for United
      States national security interests, including - 
          "(A) the developments in Eastern Europe and the Soviet Union;
          "(B) the question of German unification;
          "(C) the future of NATO and European economic integration;
          "(D) the future of the Pacific Basin; and
          "(E) potential instability resulting from regional conflicts
        or economic problems in the developing world.
        "(3) The foreign policy, world-wide commitments, and national
      defense capabilities of the United States necessary to deter
      aggression and implement the national security strategy of the
      United States, including the contribution that can be made by
      bilateral and multilateral political and economic associations in
      promoting interests that the United States shares with other
      members of the world community.
        "(4) The proposed short-term uses of the political, economic,
      military, and other elements of national power for the United
      States to protect or promote the interests and to achieve the
      goals and objectives referred to in paragraph (1).
        "(5) Long-term options that should be considered further for a
      number of potential courses of world events over the remainder of
      the century and into the next century.

      "SEC. 5. MEMBERSHIP.
      "(a) Number and Appointment. - The Commission shall be composed
    of 10 members, as follows:
        "(1) Three appointed by the President.
        "(2) Three appointed by the Speaker of the House of
      Representatives.
        "(3) One appointed by the minority leader of the House of
      Representatives.
        "(4) Two appointed by the majority leader of the Senate.
        "(5) One appointed by the minority leader of the Senate.
      "(b) Qualifications. - Persons appointed to the Commission shall
    be persons who are not officers or employees of the Federal
    Government (including Members of Congress) and who are specially
    qualified to serve on the Commission by virtue of their education,
    training, or experience.
      "(c) Terms. - Members shall be appointed for the life of the
    Commission. A vacancy in the Commission shall be filled in the
    manner in which the original appointment was made.
      "(d) Basic Pay. - Members of the Commission shall serve without
    pay.
      "(e) Quorum. - A majority of the members of the Commission shall
    constitute a quorum, but a lesser number may hold hearings.
      "(f) Chairman and Vice Chairman. - The Chairman of the Commission
    shall be designated by the President from among the members
    appointed by the President. The Vice Chairman of the Commission
    shall be designated by the Speaker of the House of Representatives
    from among the members appointed by the Speaker.
      "(g) Meetings. - The Commission shall meet at the call of the
    Chairman or a majority of its members.
      "(h) Deadline for Appointments. - Members of the Commission shall
    be appointed not later than the end of the 30-day period beginning
    on the date of the enactment of this Act [Nov. 5, 1990].

      "SEC. 6. REPORTS.
      "(a) Initial Report. - The Commission shall transmit to the
    President and to Congress an initial report not later than six
    months after the date on which the Commission is first constituted
    with a quorum.
      "(b) Final Report. - The Commission shall transmit to the
    President and to Congress a final report one year following
    submission of the initial report under subsection (a).
      "(c) Contents of Reports. - The report under subsection (b) shall
    contain a detailed statement of the findings and conclusions of the
    Commission concerning the matters to be studied by the Commission
    under section 4, together with its recommendations for such
    legislation and administrative actions as it considers appropriate.
    Such report shall include a comprehensive description and
    discussion of the matters set forth in section 4.
      "(d) Reports To Be Unclassified. - Each such report shall be
    submitted in unclassified form.
      "(e) Additional and Minority Views. - Each report may include
    such additional and minority views as individual members of the
    Commission may request be included.

      "SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND
        CONSULTANTS.
      "(a) Director. - The Commission shall, without regard to section
    5311(b) of title 5, United States Code, have a Director who shall
    be appointed by the Chairman and who shall be paid at a rate not to
    exceed the maximum rate of basic pay payable for GS-18 of the
    General Schedule.
      "(b) Staff. - The Chairman may appoint and fix the pay of such
    additional personnel as the Chairman considers appropriate.
      "(c) Applicability of Certain Civil Service Laws. - The Director
    and staff of the Commission may be appointed without regard to the
    provisions of title 5, United States Code, governing appointments
    in the competitive service, and may be paid without regard to the
    provisions of chapter 51 and subchapter III of chapter 53 of such
    title relating to classification and General Schedule pay rates,
    except that no individual so appointed may receive pay in excess of
    the annual rate of basic pay payable for GS-18 of the General
    Schedule.
      "(d) Experts and Consultants. - Subject to such rules as may be
    prescribed by the Commission, the Chairman may procure temporary
    and intermittent services under section 3109(b) of title 5 of the
    United States Code, but at rates for individuals not to exceed the
    daily equivalent of the maximum annual rate of basic pay payable
    for GS-18 of the General Schedule.
      "(e) Staff of Federal Agencies. - Upon request of the Commission,
    the head of any Federal agency may detail, on a reimbursable basis,
    any of the personnel of such agency to the Commission to assist the
    Commission in carrying out its duties under this Act.

      "SEC. 8. POWERS OF COMMISSION
      "(a) Hearings and Sessions. - The Commission may, for the purpose
    of carrying out this Act, hold such hearings, sit and act at such
    times and places, take such testimony, and receive such evidence,
    as the Commission considers appropriate.
      "(b) Powers of Members and Agents. - Any member or agent of the
    Commission may, if so authorized by the Commission, take any action
    which the Commission is authorized to take by this section.
      "(c) Obtaining Official Data. - The Chairman or a designee on
    behalf of the Chairman may request information necessary to enable
    the Commission to carry out this Act directly from any department
    or agency of the United States.
      "(d) Gifts. - The Commission may accept, use, and dispose of
    gifts or donations of services or property.
      "(e) Mails. - The Commission may use the United States mails in
    the same manner and under the same conditions as other departments
    and agencies of the United States.
      "(f) Administrative Support Services. - The Administrator of
    General Services shall provide to the Commission on a reimbursable
    basis such administrative support services as the Commission may
    request.

      "SEC. 9. INITIAL FUNDING OF COMMISSION.
      "If funds are not otherwise available for the necessary expenses
    of the Commission for fiscal year 1991, the Secretary of Defense
    shall make available to the Commission, from funds available to the
    Secretary for the fiscal year concerned, such funds as the
    Commission requires. When funds are specifically appropriated for
    the expenses of the Commission, the Commission shall reimburse the
    Secretary from such funds for any funds provided to it under the
    preceding sentence."
      [References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.]

                INTELLIGENCE PRIORITIES AND REORGANIZATION            
      Pub. L. 101-510, div. A, title IX, Sec. 907, Nov. 5, 1990, 104
    Stat. 1622, provided that:
      "(a) Revision of Priorities and Consolidation of Functions. - The
    Secretary of Defense, together with the Director of Central
    Intelligence, shall conduct a joint review of all intelligence and
    intelligence-related activities in the Tactical Intelligence and
    Related Activities (TIARA) programs and the National Foreign
    Intelligence Program (NFIP). The Secretary, together with the
    Director, shall take the following actions with respect to those
    activities:
        "(1) In cases in which redundancy or fragmentation exist,
      consolidate functions, programs, organizations, and operations to
      improve the efficiency and effectiveness of the conduct of those
      intelligence activities or programs.
        "(2) Revise intelligence collection and analysis priorities and
      resource allocations to reflect changes in the international
      security environment.
        "(3) Strengthen joint intelligence functions, operations, and
      organizations.
        "(4) Improve the quality and independence of intelligence
      support to the weapons acquisition process.
        "(5) Improve the responsiveness and utility of national
      intelligence systems and organizations to the needs of the
      combatant commanders.
      "(b) Personnel Reductions. - (1) The number of personnel assigned
    or detailed to the National Foreign Intelligence Program and
    related Tactical Intelligence and Related Activities programs shall
    be reduced by not less than 5 percent of the number of such
    personnel described in paragraph (2) during each of fiscal years
    1992 through 1996.
      "(2) The number of personnel referred to in paragraph (1) is the
    number of personnel assigned or detailed to such programs on
    September 30, 1990."

               FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE           
      For provisions relating to the exercise of certain authority
    respecting foreign intelligence electronic surveillance, see Ex.
    Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section
    1802 of this title.

      CHANGE OF TITLES OF SECRETARY OF DEFENSE, ET AL.; REAPPOINTMENT  
      Section 12(f) of act Aug. 10, 1949, provided in part that: "The
    titles of the Secretary of Defense, the Secretary of the Army, the
    Secretary of the Navy, the Secretary of the Air Force, the Under
    Secretaries and the Assistant Secretaries of the Departments of the
    Army, Navy, and Air Force, the Chairman of the Munitions Board, and
    the Chairman of the Research and Development Board, shall not be
    changed by virtue of this Act [see Short Title of 1949 Amendment
    note set out above] and the reappointment of the officials holding
    such titles on the effective date of this Act [Aug. 10, 1949] shall
    not be required."

                     REORGANIZATION PLAN NO. 8 OF 1949                 
      Section 12(i) of act Aug. 10, 1949, provided that:
    "Reorganization Plan Numbered 8 of 1949, which was transmitted to
    the Congress by the President on July 18, 1949 [set out in Appendix
    to Title 5, Government Organization and Employees] pursuant to the
    provisions of the Reorganization Act of 1949, shall not take
    effect, notwithstanding the provisions of section 6 of such
    Reorganization Act of 1949."


-EXEC-
                EX. ORD. NO. 10431. NATIONAL SECURITY MEDAL            
      Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, provided:
      1. There is hereby established a medal to be known as the
    National Security Medal with accompanying ribbons and
    appurtenances. The medal and its appurtenances shall be of
    appropriate design, approved by the Executive Secretary of the
    National Security Council.
      2. The National Security Medal may be awarded to any person,
    without regard to nationality, including members of the armed
    forces of the United States, for distinguished achievement or
    outstanding contribution on or after July 26, 1947, in the field of
    intelligence relating to the national security.
      3. The decoration established by this order shall be awarded by
    the President of the United States or, under regulations approved
    by him, by such person or persons as he may designate.
      4. No more than one National Security Medal shall be awarded to
    any one person, but for subsequent services justifying an award, a
    suitable device may be awarded to be worn with the Medal.
      5. Members of the armed forces of the United States who are
    awarded the decoration established by this order are authorized to
    wear the medal and the ribbon symbolic of the award, as may be
    authorized by uniform regulations approved by the Secretary of
    Defense.
      6. The decoration established by this order may be awarded
    posthumously.

      REGULATIONS GOVERNING THE AWARD OF THE NATIONAL SECURITY MEDAL  
      Pursuant to Paragraph 2 of Executive Order 10431, the following
    regulations are hereby issued to govern the award of the National
    Security Medal:
      1. The National Security Medal may be awarded to any person
    without regard to nationality, including a member of the Armed
    Forces of the United States, who, on or after 26 July 1947, has
    made an outstanding contribution to the National intelligence
    effort. This contribution may consist of either exceptionally
    meritorious service performed in a position of high responsibility
    or of an act of valor requiring personal courage of a high degree
    and complete disregard of personal safety.
      2. The National Security Medal with accompanying ribbon and
    appurtenances, shall be of appropriate design to be approved by the
    Executive Secretary of the National Security Council.
      3. The National Security Medal shall be awarded only by the
    President or his designee for that purpose.
      4. Recommendations may be submitted to the Executive Secretary of
    the National Security Council by any individual having personal
    knowledge of the facts of the exceptionally meritorious conduct or
    act of valor of the candidate in the performance of outstanding
    services, either as an eyewitness or from the testimony of others
    who have personal knowledge or were eyewitnesses. Any
    recommendations shall be accompanied by complete documentation,
    including where necessary, certificates, affidavits or sworn
    transcripts of testimony. Each recommendation for an award shall
    show the exact status, at the time of the rendition of the service
    on which the recommendation is based, with respect to citizenship,
    employment, and all other material factors, of the person who is
    being recommended for the National Security Medal.
      5. Each recommendation shall contain a draft of an appropriate
    citation to accompany the award of the National Security Medal.

                         EXECUTIVE ORDER NO. 11905                     
      Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by
    Ex. Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No.
    11994, June 1, 1977, 42 F.R. 28869, which related to United States
    foreign intelligence activities, was superseded by Ex. Ord. No.
    12036, Jan. 24, 1978, 43 F.R. 3674, formerly set out below.

                         EXECUTIVE ORDER NO. 12036                     
      Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by
    Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to
    United States foreign intelligence activities, was revoked by Ex.
    Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, set out below.

         EX. ORD. NO. 12333. UNITED STATES INTELLIGENCE ACTIVITIES     
      Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, as amended by
    Ex. Ord. No. 13284, Sec. 18, Jan. 23, 2003, 68 F.R. 4077; Ex. Ord.
    No. 13355, Secs. 2, 3, 6, Aug. 27, 2004, 69 F.R. 53593, provided:



                             TABLE OF CONTENTS                         
    --------------------------------------------------------------------
    Preamble                                                            

    PART 1. GOALS, DIRECTION, DUTIES, AND RESPONSIBILITIES WITH RESPECT
                    TO THE NATIONAL INTELLIGENCE EFFORT
                                                                            
    1.1                Goals                                            
    1.2                The National Security Council                    
    1.3                National Foreign Intelligence Advisory Groups    
    1.4                The Intelligence Community                       
    1.5                Director of Central Intelligence                 
    1.6                Duties and Responsibilities of the Heads of      
                        Executive Branch Departments and Agencies       
    1.7                Senior Officials of the Intelligence Community   
    1.8                The Central Intelligence Agency                  
    1.9                The Department of State                          
    1.10               The Department of the Treasury                   
    1.11               The Department of Defense                        
    1.12               Intelligence Components Utilized by the          
                        Secretary of Defense                            
    1.13               The Department of Energy                         
    1.14               The Federal Bureau of Investigation              

               PART 2. CONDUCT OF INTELLIGENCE ACTIVITIES
           
    2.1                Need                                             
    2.2                Purpose                                          
    2.3                Collection of Information                        
    2.4                Collection Techniques                            
    2.5                Attorney General Approval                        
    2.6                Assistance to Law Enforcement Authorities        
    2.7                Contracting                                      
    2.8                Consistency With Other Laws                      
    2.9                Undisclosed Participation in Organizations       
                        Within the United States                        
    2.10               Human Experimentation                            
    2.11               Prohibition on Assassination                     
    2.12               Indirect Participation                           

                       PART 3. GENERAL PROVISIONS
                   
    3.1                Congressional Oversight                          
    3.2                Implementation                                   
    3.3                Procedures                                       
    3.4                Definitions                                      
    3.5                Purpose and Effect                               
    3.6                Revocation                                       
    --------------------------------------------------------------------

      Timely and accurate information about the activities,
    capabilities, plans, and intentions of foreign powers,
    organizations, and persons, and their agents, is essential to the
    national security of the United States. All reasonable and lawful
    means must be used to ensure that the United States will receive
    the best intelligence available. For that purpose, by virtue of the
    authority vested in me by the Constitution and statutes of the
    United States of America, including the National Security Act of
    1947, as amended (Act) [see Short Title note above], and as
    President of the United States of America, in order to provide for
    the effective conduct of United States intelligence activities and
    the protection of constitutional rights, it is hereby ordered as
    follows:


-MISC3-
    PART 1 - GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT
                    TO THE NATIONAL INTELLIGENCE EFFORT

                                 1.1 GOALS                             
      The United States intelligence effort shall provide the President
    and the National Security Council with the necessary information on
    which to base decisions concerning the conduct and development of
    foreign, defense and economic policy, and the protection of United
    States national interests from foreign security threats. All
    departments and agencies shall cooperate fully to fulfill this
    goal.
      (a) Maximum emphasis should be given to fostering analytical
    competition among appropriate elements of the Intelligence
    Community.
      (b) All means, consistent with applicable United States law and
    this Order, and with full consideration of the rights of United
    States persons, shall be used to develop intelligence information
    for the President and the National Security Council. A balanced
    approach between technical collection efforts and other means
    should be maintained and encouraged.
      (c) Special emphasis should be given to detecting and countering
    espionage and other threats and activities directed by foreign
    intelligence services against the United States Government, or
    United States corporations, establishments, or persons.
      (d) To the greatest extent possible consistent with applicable
    United States law and this Order, and with full consideration of
    the rights of United States persons, all agencies and departments
    should seek to ensure full and free exchange of information in
    order to derive maximum benefit from the United States intelligence
    effort.

                     1.2 THE NATIONAL SECURITY COUNCIL                 
      (a) Purpose. The National Security Council (NSC) was established
    by the National Security Act of 1947 [see Short Title note above]
    to advise the President with respect to the integration of
    domestic, foreign and military policies relating to the national
    security. The NSC shall act as the highest Executive Branch entity
    that provides review of, guidance for and direction to the conduct
    of all national foreign intelligence, counterintelligence, and
    special activities, and attendant policies and programs.
      (b) Committees. The NSC shall establish such committees as may be
    necessary to carry out its functions and responsibilities under
    this Order. The NSC, or a committee established by it, shall
    consider and submit to the President a policy recommendation,
    including all dissents, on each special activity and shall review
    proposals for other sensitive intelligence operations.

             1.3 NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS         
      (a) Establishment and Duties. The Director of Central
    Intelligence shall establish such boards, councils, or groups as
    required for the purpose of obtaining advice from within the
    Intelligence Community concerning:
      (1) Production, review and coordination of national foreign
    intelligence;
      (2) Priorities for the National Foreign Intelligence Program
    budget;
      (3) Interagency exchanges of foreign intelligence information;
      (4) Arrangements with foreign governments and organizations on
    intelligence matters;
      (5) Protection of intelligence sources and methods;
      (6) Activities of common concern; and
      (7) Such other matters as may be referred by the Director of
    Central Intelligence.
      (b) Membership. Advisory groups established pursuant to this
    section shall be chaired by the Director of Central Intelligence or
    his designated representative and shall consist of senior
    representatives from organizations within the Intelligence
    Community and from departments or agencies containing such
    organizations, as designated by the Director of Central
    Intelligence. Groups for consideration of substantive intelligence
    matters will include representatives of organizations involved in
    the collection, processing and analysis of intelligence. A senior
    representative of the Secretary of Commerce, the Attorney General,
    the Assistant to the President for National Security Affairs, and
    the Office of the Secretary of Defense shall be invited to
    participate in any group which deals with other than substantive
    intelligence matters.

                      1.4 THE INTELLIGENCE COMMUNITY                  
      The agencies within the Intelligence Community shall, in
    accordance with applicable United States law and with the other
    provisions of this Order, conduct intelligence activities necessary
    for the conduct of foreign relations and the protection of the
    national security of the United States, including:
      (a) Collection of information needed by the President and, in the
    performance of Executive functions, the Vice President,, [sic] the
    National Security Council, the Secretaries of State and Defense,
    and other Executive Branch officials for the performance of their
    duties and responsibilities;
      (b) Production and dissemination of intelligence;
      (c) Collection of information concerning, and the conduct of
    activities to protect against, intelligence activities directed
    against the United States, international terrorist and
    international narcotics activities, and other hostile activities
    directed against the United States by foreign powers,
    organizations, persons, and their agents;
      (d) Special activities;
      (e) Administrative and support activities within the United
    States and abroad necessary for the performance of authorized
    activities; and
      (f) Such other intelligence activities as the President may
    direct from time to time.

                   1.5 DIRECTOR OF CENTRAL INTELLIGENCE               
      In order to discharge the duties and responsibilities prescribed
    by law, the Director of Central Intelligence shall be responsible
    directly to the President and the NSC and shall:
      (a)(1) Act as the principal adviser to the President for
    intelligence matters related to the national security;
      (2) Act as the principal adviser to the National Security Council
    and Homeland Security Council for intelligence matters related to
    the national security; and
      (b)(1) Develop such objectives and guidance for the Intelligence
    Community necessary, in the Director's judgment, to ensure timely
    and effective collection, processing, analysis, and dissemination
    of intelligence, of whatever nature and from whatever source
    derived, concerning current and potential threats to the security
    of the United States and its interests, and to ensure that the
    National Foreign Intelligence Program (NFIP) is structured
    adequately to achieve these requirements; and
      (2) Working with the Intelligence Community, ensure that United
    States intelligence collection activities are integrated in: (i)
    collecting against enduring and emerging national security
    intelligence issues; (ii) maximizing the value to the national
    security; and (iii) ensuring that all collected data is available
    to the maximum extent practicable for integration, analysis, and
    dissemination to those who can act on, add value to, or otherwise
    apply it to mission needs.
      (c) Promote the development and maintenance of services of common
    concern by designated intelligence organizations on behalf of the
    Intelligence Community;
      (d) Ensure implementation of special activities;
      (e) Formulate policies concerning foreign intelligence and
    counterintelligence arrangements with foreign governments,
    coordinate foreign intelligence and counterintelligence
    relationships between agencies of the Intelligence Community and
    the intelligence or internal security services of foreign
    governments, and establish procedures governing the conduct of
    liaison by any department or agency with such services on narcotics
    activities;
      (f) Participate in the development of procedures approved by the
    Attorney General governing criminal narcotics intelligence
    activities abroad to ensure that these activities are consistent
    with foreign intelligence programs;
      (g)(1) Establish common security and access standards for
    managing and handling intelligence systems, information, and
    products, with special emphasis on facilitating:
      (A) the fullest and most prompt sharing of information
    practicable, assigning the highest priority to detecting,
    preventing, preempting, and disrupting terrorist threats against
    our homeland, our people, our allies, and our interests; and
      (B) the establishment of interface standards for an interoperable
    information sharing enterprise that facilitates the automated
    sharing of intelligence information among agencies within the
    Intelligence Community.
      (2)(A) Establish, operate, and direct national centers with
    respect to matters determined by the President for purposes of this
    subparagraph to be of the highest national security priority, with
    the functions of analysis and planning (including planning for
    diplomatic, financial, military, intelligence, homeland security,
    and law enforcement activities, and integration of such activities
    among departments and agencies) relating to such matters.
      (B) The countering of terrorism within the United States, or
    against citizens of the United States, our allies, and our
    interests abroad, is hereby determined to be a matter of the
    highest national security priority for purposes of subparagraph
    (2)(A) of this subsection.
      (3) Ensure that appropriate agencies and departments have access
    to and receive all-source intelligence support needed to perform
    independent, alternative analysis.
      (h) Ensure that programs are developed which protect intelligence
    sources, methods, and analytical procedures;
      (i) Establish uniform criteria for the determination of relative
    priorities for the transmission of critical national foreign
    intelligence, and advise the Secretary of Defense concerning the
    communications requirements of the Intelligence Community for the
    transmission of such intelligence;
      (j) Establish appropriate staffs, committees, or other advisory
    groups to assist in the execution of the Director's
    responsibilities;
      (k) Have full responsibility for production and dissemination of
    national foreign intelligence, and authority to levy analytic tasks
    on departmental intelligence production organizations, in
    consultation with those organizations, ensuring that appropriate
    mechanisms for competitive analysis are developed so that diverse
    points of view are considered fully and differences of judgment
    within the Intelligence Community are brought to the attention of
    national policymakers;
      (l) Ensure the timely exploitation and dissemination of data
    gathered by national foreign intelligence collection means, and
    ensure that the resulting intelligence is disseminated immediately
    to appropriate government entities and military commands;
      (m)(1) Establish policies, procedures, and mechanisms that
    translate intelligence objectives and priorities approved by the
    President into specific guidance for the Intelligence Community.
      (2) In accordance with objectives and priorities approved by the
    President, establish collection requirements for the Intelligence
    Community, determine collection priorities, manage collection
    tasking, and resolve conflicts in the tasking of national
    collection assets (except when otherwise directed by the President
    or when the Secretary of Defense exercises collection tasking
    authority under plans and arrangements approved by the Secretary of
    Defense and the Director) of the Intelligence Community.
      (3) Provide advisory tasking concerning collection of
    intelligence information to elements of the United States
    Government that have information collection capabilities and are
    not organizations within the Intelligence Community.
      (4) The responsibilities in subsections 1.5(m)(2) and (3) apply,
    to the maximum extent consistent with applicable law, whether
    information is to be collected inside or outside the United States.
      (n)(1) Develop, determine, and present with the advice of the
    heads of departments or agencies that have an organization within
    the Intelligence Community, the annual consolidated NFIP budget.
    The Director shall be responsible for developing an integrated and
    balanced national intelligence program that is directly responsive
    to the national security threats facing the United States. The
    Director shall submit such budget (accompanied by dissenting views,
    if any, of the head of a department or agency that has an
    organization within the Intelligence Community) to the President
    for approval; and
      (2) Participate in the development by the Secretary of Defense of
    the annual budgets for the Joint Military Intelligence Program
    (JMIP) and the Tactical Intelligence and Related Activities (TIARA)
    Program.
      (o)(1) Transfer, consistent with applicable law and with the
    approval of the Director of the Office of Management and Budget,
    funds from an appropriation for the NFIP to another appropriation
    for the NFIP or to another NFIP component;
      (2) Review, and approve or disapprove, consistent with applicable
    law, any proposal to: (i) reprogram funds within an appropriation
    for the NFIP; (ii) transfer funds from an appropriation for the
    NFIP to an appropriation that is not for the NFIP within the
    Intelligence Community; or (iii) transfer funds from an
    appropriation that is not for the NFIP within the Intelligence
    Community to an appropriation for the NFIP; and
      (3) Monitor and consult with the Secretary of Defense on
    reprogrammings or transfers of funds within, into, or out of,
    appropriations for the JMIP and the TIARA Program.
      (p)(1) Monitor implementation and execution of the NFIP budget by
    the heads of departments or agencies that have an organization
    within the Intelligence Community, including, as necessary, by
    conducting program and performance audits and evaluations;
      (2) Monitor implementation of the JMIP and the TIARA Program and
    advise the Secretary of Defense thereon; and
      (3) After consultation with the heads of relevant departments,
    report periodically, and not less often than semiannually, to the
    President on the effectiveness of implementation of the NFIP
    Program by organizations within the Intelligence Community, for
    which purpose the heads of departments and agencies shall ensure
    that the Director has access to programmatic, execution, and other
    appropriate information.
      (q) Together with the Secretary of Defense, ensure that there is
    no unnecessary overlap between national foreign intelligence
    programs and Department of Defense intelligence programs consistent
    with the requirement to develop competitive analysis, and provide
    to and obtain from the Secretary of Defense all information
    necessary for this purpose;
      (r) In accordance with law and relevant procedures approved by
    the Attorney General under this Order, give the heads of the
    departments and agencies access to all intelligence, developed by
    the CIA or the staff elements of the Director of Central
    Intelligence, relevant to the national intelligence needs of the
    departments and agencies; and
      (s) Facilitate the use of national foreign intelligence products
    by Congress in a secure manner.

     1.6 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH
                         DEPARTMENTS AND AGENCIES
      (a) The heads of all departments and agencies shall:
      (1) Unless the Director provides otherwise, give the Director
    access to all foreign intelligence, counterintelligence, and
    national intelligence, as defined in the Act, that is relevant to
    transnational terrorist threats and weapons of mass destruction
    proliferation threats, including such relevant intelligence derived
    from activities of the FBI, DHS, and any other department or
    agency, and all other information that is related to the national
    security or that otherwise is required for the performance of the
    Director's duties, except such information that is prohibited by
    law, by the President, or by the Attorney General acting under this
    order at the direction of the President from being provided to the
    Director. The Attorney General shall agree to procedures with the
    Director pursuant to section 3(5)(B) of the Act [50 U.S.C.
    401a(5)(B)] no later than 90 days after the issuance of this order
    that ensure the Director receives all such information;
      (2) support the Director in developing the NFIP;
      (3) ensure that any intelligence and operational systems and
    architectures of their departments and agencies are consistent with
    national intelligence requirements set by the Director and all
    applicable information sharing and security guidelines, and
    information privacy requirements; and
      (4) provide, to the extent permitted by law, subject to the
    availability of appropriations, and not inconsistent with the
    mission of the department or agency, such further support to the
    Director as the Director may request, after consultation with the
    head of the department or agency, for the performance of the
    Director's functions.
      (b) The heads of departments and agencies involved in the
    National Foreign Intelligence Program shall ensure timely
    development and submission to the Director of Central Intelligence
    by the program managers and heads of component activities of
    proposed national programs and budgets in the format designated by
    the Director of Central Intelligence, and shall also ensure that
    the Director of Central Intelligence is provided, in a timely and
    responsive manner, all information necessary to perform the
    Director's program and budget responsibilities.
      (c) The heads of departments and agencies involved in the
    National Foreign Intelligence Program may appeal to the President
    decisions by the Director of Central Intelligence on budget or
    reprogramming matters of the National Foreign Intelligence Program.

            1.7 SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY        
      The heads of departments and agencies with organizations in the
    Intelligence Community or the heads of such organizations, as
    appropriate, shall:
      (a) Report to the Attorney General possible violations of federal
    criminal laws by employees and of specified federal criminal laws
    by any other person as provided in procedures agreed upon by the
    Attorney General and the head of the department or agency
    concerned, in a manner consistent with the protection of
    intelligence sources and methods, as specified in those procedures;
      (b) In any case involving serious or continuing breaches of
    security, recommend to the Attorney General that the case be
    referred to the FBI for further investigation;
      (c) Furnish the NSC, in accordance with applicable law and
    procedures approved by the Attorney General under this Order, the
    information required for the performance of its duties;
      (d) Report to the Intelligence Oversight Board, and keep the
    Director of Central Intelligence appropriately informed, concerning
    any intelligence activities of their organizations that they have
    reason to believe may be unlawful or contrary to Executive order or
    Presidential directive;
      (e) Protect intelligence and intelligence sources and methods
    from unauthorized disclosure consistent with guidance from the
    Director of Central Intelligence;
      (f) Disseminate intelligence to cooperating foreign governments
    under arrangements established or agreed to by the Director of
    Central Intelligence;
      (g) Participate in the development of procedures approved by the
    Attorney General governing production and dissemination of
    intelligence resulting from criminal narcotics intelligence
    activities abroad if their departments, agencies, or organizations
    have intelligence responsibilities for foreign or domestic
    narcotics production and trafficking;
      (h) Instruct their employees to cooperate fully with the
    Intelligence Oversight Board; and
      (i) Ensure that the Inspectors General and General Counsels for
    their organizations have access to any information necessary to
    perform their duties assigned by this Order.

                    1.8 THE CENTRAL INTELLIGENCE AGENCY                
      All duties and responsibilities of the CIA shall be related to
    the intelligence functions set out below. As authorized by this
    Order; the National Security Act of 1947, as amended [see Short
    Title note above]; the CIA Act of 1949, as amended [probably means
    the Central Intelligence Agency Act of 1949, see Short Title note
    set out under 50 U.S.C. 403a]; appropriate directives or other
    applicable law, the CIA shall:
      (a) Collect, produce and disseminate foreign intelligence and
    counterintelligence, including information not otherwise
    obtainable. The collection of foreign intelligence or
    counterintelligence within the United States shall be coordinated
    with the FBI as required by procedures agreed upon by the Director
    of Central Intelligence and the Attorney General;
      (b) Collect, produce and disseminate intelligence on foreign
    aspects of narcotics production and trafficking;
      (c) Conduct counterintelligence activities outside the United
    States and, without assuming or performing any internal security
    functions, conduct counterintelligence activities within the United
    States in coordination with the FBI as required by procedures
    agreed upon by the Director of Central Intelligence and the
    Attorney General;
      (d) Coordinate counterintelligence activities and the collection
    of information not otherwise obtainable when conducted outside the
    United States by other departments and agencies;
      (e) Conduct special activities approved by the President. No
    agency except the CIA (or the Armed Forces of the United States in
    time of war declared by Congress or during any period covered by a
    report from the President to the Congress under the War Powers
    Resolution (87 Stat. 855) [50 U.S.C. 1541 et seq.]) may conduct any
    special activity unless the President determines that another
    agency is more likely to achieve a particular objective;
      (f) Conduct services of common concern for the Intelligence
    Community as directed by the NSC;
      (g) Carry out or contract for research, development and
    procurement of technical systems and devices relating to authorized
    functions;
      (h) Protect the security of its installations, activities,
    information, property, and employees by appropriate means,
    including such investigations of applicants, employees,
    contractors, and other persons with similar associations with the
    CIA as are necessary; and
      (i) Conduct such administrative and technical support activities
    within and outside the United States as are necessary to perform
    the functions described in sections (a) through (h) above,
    including procurement and essential cover and proprietary
    arrangements.

                        1.9 THE DEPARTMENT OF STATE                    
      The Secretary of State shall:
      (a) Overtly collect information relevant to United States foreign
    policy concerns;
      (b) Produce and disseminate foreign intelligence relating to
    United States foreign policy as required for the execution of the
    Secretary's responsibilities;
      (c) Disseminate, as appropriate, reports received from United
    States diplomatic and consular posts;
      (d) Transmit reporting requirements of the Intelligence Community
    to the Chiefs of United States Missions abroad; and
      (e) Support Chiefs of Missions in discharging their statutory
    responsibilities for direction and coordination of mission
    activities.

    1.10 THE DEPARTMENT OF THE TREASURY AND THE DEPARTMENT OF HOMELAND
                                 SECURITY.
      The Secretary of the Treasury, with respect to subsections (a),
    (b), and (c), and the Secretary of Homeland Security with respect
    to subsection (d), shall:
      (a) Overtly collect foreign financial and monetary information;
      (b) Participate with the Department of State in the overt
    collection of general foreign economic information;
      (c) Produce and disseminate foreign intelligence relating to
    United States economic policy as required for the execution of the
    Secretary's responsibilities; and
      (d) Conduct, through the United States Secret Service, activities
    to determine the existence and capability of surveillance equipment
    being used against the President or the Vice President of the
    United States, the Executive Office of the President, and, as
    authorized by the Secretary of Homeland Security or the President,
    other Secret Service protectees and United States officials. No
    information shall be acquired intentionally through such activities
    except to protect against such surveillance, and those activities
    shall be conducted pursuant to procedures agreed upon by the
    Secretary of Homeland Security and the Attorney General.

                      1.11 THE DEPARTMENT OF DEFENSE                  
      The Secretary of Defense shall:
      (a) Collect national foreign intelligence and be responsive to
    collection tasking by the Director of Central Intelligence;
      (b) Collect, produce and disseminate military and military-
    related foreign intelligence and counterintelligence as required
    for execution of the Secretary's responsibilities;
      (c) Conduct programs and missions necessary to fulfill national,
    departmental and tactical foreign intelligence requirements;
      (d) Conduct counterintelligence activities in support of
    Department of Defense components outside the United States in
    coordination with the CIA, and within the United States in
    coordination with the FBI pursuant to procedures agreed upon by the
    Secretary of Defense and the Attorney General;
      (e) Conduct, as the executive agent of the United States
    Government, signals intelligence and communications security
    activities, except as otherwise directed by the NSC;
      (f) Provide for the timely transmission of critical intelligence,
    as defined by the Director of Central Intelligence, within the
    United States Government;
      (g) Carry out or contract for research, development and
    procurement of technical systems and devices relating to authorized
    intelligence functions;
      (h) Protect the security of Department of Defense installations,
    activities, property, information, and employees by appropriate
    means, including such investigations of applicants, employees,
    contractors, and other persons with similar associations with the
    Department of Defense as are necessary;
      (i) Establish and maintain military intelligence relationships
    and military intelligence exchange programs with selected
    cooperative foreign defense establishments and international
    organizations, and ensure that such relationships and programs are
    in accordance with policies formulated by the Director of Central
    Intelligence;
      (j) Direct, operate, control and provide fiscal management for
    the National Security Agency and for defense and military
    intelligence and national reconnaissance entities; and
      (k) Conduct such administrative and technical support activities
    within and outside the United States as are necessary to perform
    the functions described in sections (a) through (j) above.

     1.12 INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF DEFENSE 
      In carrying out the responsibilities assigned in section 1.11,
    the Secretary of Defense is authorized to utilize the following:
      (a) Defense Intelligence Agency, whose responsibilities shall
    include:
      (1) Collection, production, or, through tasking and coordination,
    provision of military and military-related intelligence for the
    Secretary of Defense, the Joint Chiefs of Staff, other Defense
    components, and, as appropriate, non-Defense agencies;
      (2) Collection and provision of military intelligence for
    national foreign intelligence and counterintelligence products;
      (3) Coordination of all Department of Defense intelligence
    collection requirements;
      (4) Management of the Defense Attache system; and
      (5) Provision of foreign intelligence and counterintelligence
    staff support as directed by the Joint Chiefs of Staff.
      (b) National Security Agency, whose responsibilities shall
    include:
      (1) Establishment and operation of an effective unified
    organization for signals intelligence activities, except for the
    delegation of operational control over certain operations that are
    conducted through other elements of the Intelligence Community. No
    other department or agency may engage in signals intelligence
    activities except pursuant to a delegation by the Secretary of
    Defense;
      (2) Control of signals intelligence collection and processing
    activities, including assignment of resources to an appropriate
    agent for such periods and tasks as required for the direct support
    of military commanders;
      (3) Collection of signals intelligence information for national
    foreign intelligence purposes in accordance with guidance from the
    Director of Central Intelligence;
      (4) Processing of signals intelligence data for national foreign
    intelligence purposes in accordance with guidance from the Director
    of Central Intelligence;
      (5) Dissemination of signals intelligence information for
    national foreign intelligence purposes to authorized elements of
    the Government, including the military services, in accordance with
    guidance from the Director of Central Intelligence;
      (6) Collection, processing and dissemination of signals
    intelligence information for counterintelligence purposes;
      (7) Provision of signals intelligence support for the conduct of
    military operations in accordance with tasking, priorities, and
    standards of timeliness assigned by the Secretary of Defense. If
    provision of such support requires use of national collection
    systems, these systems will be tasked within existing guidance from
    the Director of Central Intelligence;
      (8) Executing the responsibilities of the Secretary of Defense as
    executive agent for the communications security of the United
    States Government;
      (9) Conduct of research and development to meet the needs of the
    United States for signals intelligence and communications security;
      (10) Protection of the security of its installations, activities,
    property, information, and employees by appropriate means,
    including such investigations of applicants, employees,
    contractors, and other persons with similar associations with the
    NSA as are necessary;
      (11) Prescribing, within its field of authorized operations,
    security regulations covering operating practices, including the
    transmission, handling and distribution of signals intelligence and
    communications security material within and among the elements
    under control of the Director of the NSA, and exercising the
    necessary supervisory control to ensure compliance with the
    regulations;
      (12) Conduct of foreign cryptologic liaison relationships, with
    liaison for intelligence purposes conducted in accordance with
    policies formulated by the Director of Central Intelligence; and
      (13) Conduct of such administrative and technical support
    activities within and outside the United States as are necessary to
    perform the functions described in sections (1) through (12) above,
    including procurement.
      (c) Offices for the collection of specialized intelligence
    through reconnaissance programs, whose responsibilities shall
    include:
      (1) Carrying out consolidated reconnaissance programs for
    specialized intelligence;
      (2) Responding to tasking in accordance with procedures
    established by the Director of Central Intelligence; and
      (3) Delegating authority to the various departments and agencies
    for research, development, procurement, and operation of designated
    means of collection.
      (d) The foreign intelligence and counterintelligence elements of
    the Army, Navy, Air Force, and Marine Corps, whose responsibilities
    shall include:
      (1) Collection, production and dissemination of military and
    military-related foreign intelligence and counterintelligence, and
    information on the foreign aspects of narcotics production and
    trafficking. When collection is conducted in response to national
    foreign intelligence requirements, it will be conducted in
    accordance with guidance from the Director of Central Intelligence.
    Collection of national foreign intelligence, not otherwise
    obtainable, outside the United States shall be coordinated with the
    CIA, and such collection within the United States shall be
    coordinated with the FBI;
      (2) Conduct of counterintelligence activities outside the United
    States in coordination with the CIA, and within the United States
    in coordination with the FBI; and
      (3) Monitoring of the development, procurement and management of
    tactical intelligence systems and equipment and conducting related
    research, development, and test and evaluation activities.
      (e) Other offices within the Department of Defense appropriate
    for conduct of the intelligence missions and responsibilities
    assigned to the Secretary of Defense. If such other offices are
    used for intelligence purposes, the provisions of Part 2 of this
    Order shall apply to those offices when used for those purposes.

                       1.13 THE DEPARTMENT OF ENERGY                   
      The Secretary of Energy shall:
      (a) Participate with the Department of State in overtly
    collecting information with respect to foreign energy matters;
      (b) Produce and disseminate foreign intelligence necessary for
    the Secretary's responsibilities;
      (c) Participate in formulating intelligence collection and
    analysis requirements where the special expert capability of the
    Department can contribute; and
      (d) Provide expert technical, analytical and research capability
    to other agencies within the Intelligence Community.

                 1.14 THE FEDERAL BUREAU OF INVESTIGATION             
      Under the supervision of the Attorney General and pursuant to
    such regulations as the Attorney General may establish, the
    Director of the FBI shall:
      (a) Within the United States conduct counterintelligence and
    coordinate counterintelligence activities of other agencies within
    the Intelligence Community. When a counterintelligence activity of
    the FBI involves military or civilian personnel of the Department
    of Defense, the FBI shall coordinate with the Department of
    Defense;
      (b) Conduct counterintelligence activities outside the United
    States in coordination with the CIA as required by procedures
    agreed upon by the Director of Central Intelligence and the
    Attorney General;
      (c) Conduct within the United States, when requested by officials
    of the Intelligence Community designated by the President,
    activities undertaken to collect foreign intelligence or support
    foreign intelligence collection requirements of other agencies
    within the Intelligence Community, or, when requested by the
    Director of the National Security Agency, to support the
    communications security activities of the United States Government;
      (d) Produce and disseminate foreign intelligence and
    counterintelligence; and
      (e) Carry out or contract for research, development and
    procurement of technical systems and devices relating to the
    functions authorized above.

                PART 2 - CONDUCT OF INTELLIGENCE ACTIVITIES            

                                 2.1 NEED                             
      Accurate and timely information about the capabilities,
    intentions and activities of foreign powers, organizations, or
    persons and their agents is essential to informed decisionmaking in
    the areas of national defense and foreign relations. Collection of
    such information is a priority objective and will be pursued in a
    vigorous, innovative and responsible manner that is consistent with
    the Constitution and applicable law and respectful of the
    principles upon which the United States was founded.

                                2.2 PURPOSE                            
      This Order is intended to enhance human and technical collection
    techniques, especially those undertaken abroad, and the acquisition
    of significant foreign intelligence, as well as the detection and
    countering of international terrorist activities and espionage
    conducted by foreign powers. Set forth below are certain general
    principles that, in addition to and consistent with applicable
    laws, are intended to achieve the proper balance between the
    acquisition of essential information and protection of individual
    interests. Nothing in this Order shall be construed to apply to or
    interfere with any authorized civil or criminal law enforcement
    responsibility of any department or agency.

                       2.3 COLLECTION OF INFORMATION                   
      Agencies within the Intelligence Community are authorized to
    collect, retain or disseminate information concerning United States
    persons only in accordance with procedures established by the head
    of the agency concerned and approved by the Attorney General,
    consistent with the authorities provided by Part 1 of this Order.
    Those procedures shall permit collection, retention and
    dissemination of the following types of information:
      (a) Information that is publicly available or collected with the
    consent of the person concerned;
      (b) Information constituting foreign intelligence or
    counterintelligence, including such information concerning
    corporations or other commercial organizations. Collection within
    the United States of foreign intelligence not otherwise obtainable
    shall be undertaken by the FBI or, when significant foreign
    intelligence is sought, by other authorized agencies of the
    Intelligence Community, provided that no foreign intelligence
    collection by such agencies may be undertaken for the purpose of
    acquiring information concerning the domestic activities of United
    States persons;
      (c) Information obtained in the course of a lawful foreign
    intelligence, counterintelligence, international narcotics or
    international terrorism investigation;
      (d) Information needed to protect the safety of any persons or
    organizations, including those who are targets, victims or hostages
    of international terrorist organizations;
      (e) Information needed to protect foreign intelligence or
    counterintelligence sources or methods from unauthorized
    disclosure. Collection within the United States shall be undertaken
    by the FBI except that other agencies of the Intelligence Community
    may also collect such information concerning present or former
    employees, present or former intelligence agency contractors or
    their present or former employees, or applicants for any such
    employment or contracting;
      (f) Information concerning persons who are reasonably believed to
    be potential sources or contacts for the purpose of determining
    their suitability or credibility;
      (g) Information arising out of a lawful personnel, physical or
    communications security investigation;
      (h) Information acquired by overhead reconnaissance not directed
    at specific United States persons;
      (i) Incidentally obtained information that may indicate
    involvement in activities that may violate federal, state, local or
    foreign laws; and
      (j) Information necessary for administrative purposes.
      In addition, agencies within the Intelligence Community may
    disseminate information, other than information derived from
    signals intelligence, to each appropriate agency within the
    Intelligence Community for purposes of allowing the recipient
    agency to determine whether the information is relevant to its
    responsibilities and can be retained by it.

                         2.4 COLLECTION TECHNIQUES                     
      Agencies within the Intelligence Community shall use the least
    intrusive collection techniques feasible within the United States
    or directed against United States persons abroad. Agencies are not
    authorized to use such techniques as electronic surveillance,
    unconsented physical search, mail surveillance, physical
    surveillance, or monitoring devices unless they are in accordance
    with procedures established by the head of the agency concerned and
    approved by the Attorney General. Such procedures shall protect
    constitutional and other legal rights and limit use of such
    information to lawful governmental purposes. These procedures shall
    not authorize:
      (a) The CIA to engage in electronic surveillance within the
    United States except for the purpose of training, testing, or
    conducting countermeasures to hostile electronic surveillance;
      (b) Unconsented physical searches in the United States by
    agencies other than the FBI, except for:
      (1) Searches by counterintelligence elements of the military
    services directed against military personnel within the United
    States or abroad for intelligence purposes, when authorized by a
    military commander empowered to approve physical searches for law
    enforcement purposes, based upon a finding of probable cause to
    believe that such persons are acting as agents of foreign powers;
    and
      (2) Searches by CIA of personal property of non-United States
    persons lawfully in its possession.
      (c) Physical surveillance of a United States person in the United
    States by agencies other than the FBI, except for:
      (1) Physical surveillance of present or former employees, present
    or former intelligence agency contractors or their present or
    former employees, or applicants for any such employment or
    contracting; and
      (2) Physical surveillance of a military person employed by a
    nonintelligence element of a military service.
      (d) Physical surveillance of a United States person abroad to
    collect foreign intelligence, except to obtain significant
    information that cannot reasonably be acquired by other means.

                       2.5 ATTORNEY GENERAL APPROVAL                   
      The Attorney General hereby is delegated the power to approve the
    use for intelligence purposes, within the United States or against
    a United States person abroad, of any technique for which a warrant
    would be required if undertaken for law enforcement purposes,
    provided that such techniques shall not be undertaken unless the
    Attorney General has determined in each case that there is probable
    cause to believe that the technique is directed against a foreign
    power or an agent of a foreign power. Electronic surveillance, as
    defined in the Foreign Intelligence Surveillance Act of 1978 [50
    U.S.C. 1801 et seq.], shall be conducted in accordance with that
    Act, as well as this Order.

               2.6 ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES           
      Agencies within the Intelligence Community are authorized to:
      (a) Cooperate with appropriate law enforcement agencies for the
    purpose of protecting the employees, information, property and
    facilities of any agency within the Intelligence Community;
      (b) Unless otherwise precluded by law or this Order, participate
    in law enforcement activities to investigate or prevent clandestine
    intelligence activities by foreign powers, or international
    terrorist or narcotics activities;
      (c) Provide specialized equipment, technical knowledge, or
    assistance of expert personnel for use by any department or agency,
    or, when lives are endangered, to support local law enforcement
    agencies. Provision of assistance by expert personnel shall be
    approved in each case by the General Counsel of the providing
    agency; and
      (d) Render any other assistance and cooperation to law
    enforcement authorities not precluded by applicable law.

                              2.7 CONTRACTING                          
      Agencies within the Intelligence Community are authorized to
    enter into contracts or arrangements for the provision of goods or
    services with private companies or institutions in the United
    States and need not reveal the sponsorship of such contracts or
    arrangements for authorized intelligence purposes. Contracts or
    arrangements with academic institutions may be undertaken only with
    the consent of appropriate officials of the institution.

                      2.8 CONSISTENCY WITH OTHER LAWS                  
      Nothing in this Order shall be construed to authorize any
    activity in violation of the Constitution or statutes of the United
    States.

     2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED
                                  STATES
      No one acting on behalf of agencies within the Intelligence
    Community may join or otherwise participate in any organization in
    the United States on behalf of any agency within the Intelligence
    Community without disclosing his intelligence affiliation to
    appropriate officials of the organization, except in accordance
    with procedures established by the head of the agency concerned and
    approved by the Attorney General. Such participation shall be
    authorized only if it is essential to achieving lawful purposes as
    determined by the agency head or designee. No such participation
    may be undertaken for the purpose of influencing the activity of
    the organization or its members except in cases where:
      (a) The participation is undertaken on behalf of the FBI in the
    course of a lawful investigation; or
      (b) The organization concerned is composed primarily of
    individuals who are not United States persons and is reasonably
    believed to be acting on behalf of a foreign power.

                        2.10 HUMAN EXPERIMENTATION                    
      No agency within the Intelligence Community shall sponsor,
    contract for or conduct research on human subjects except in
    accordance with guidelines issued by the Department of Health and
    Human Services. The subject's informed consent shall be documented
    as required by those guidelines.

                     2.11 PROHIBITION ON ASSASSINATION                 
      No person employed by or acting on behalf of the United States
    Government shall engage in, or conspire to engage in,
    assassination.

                        2.12 INDIRECT PARTICIPATION                    
      No agency of the Intelligence Community shall participate in or
    request any person to undertake activities forbidden by this Order.

                        PART 3 - GENERAL PROVISIONS                    

                        3.1 CONGRESSIONAL OVERSIGHT                    
      The duties and responsibilities of the Director of Central
    Intelligence and the heads of other departments, agencies, and
    entities engaged in intelligence activities to cooperate with the
    Congress in the conduct of its responsibilities for oversight of
    intelligence activities shall be implemented in accordance with
    applicable law, including title V of the Act [50 U.S.C. 413 et
    seq.]. The requirements of applicable law, including title V of the
    Act, shall apply to all special activities as defined in this
    Order.

                            3.2 IMPLEMENTATION                        
      The NSC, the Secretary of Defense, the Attorney General, and the
    Director of Central Intelligence shall issue such appropriate
    directives and procedures as are necessary to implement this Order.
    Heads of agencies within the Intelligence Community shall issue
    appropriate supplementary directives and procedures consistent with
    this Order. The Attorney General shall provide a statement of
    reasons for not approving any procedures established by the head of
    an agency in the Intelligence Community other than the FBI. The
    National Security Council may establish procedures in instances
    where the agency head and the Attorney General are unable to reach
    agreement on other than constitutional or other legal grounds.

                              3.3 PROCEDURES                          
      Until the procedures required by this Order have been
    established, the activities herein authorized which require
    procedures shall be conducted in accordance with existing
    procedures or requirements established under Executive Order No.
    12036 [formerly set out above]. Procedures required by this Order
    shall be established as expeditiously as possible. All procedures
    promulgated pursuant to this Order shall be made available to the
    congressional intelligence committees.

                              3.4 DEFINITIONS                          
      For the purposes of this Order, the following terms shall have
    these meanings:
      (a) Counterintelligence means information gathered and activities
    conducted to protect against espionage, other intelligence
    activities, sabotage, or assassinations conducted for or on behalf
    of foreign powers, organizations or persons, or international
    terrorist activities, but not including personnel, physical,
    document or communications security programs.
      (b) Electronic surveillance means acquisition of a nonpublic
    communication by electronic means without the consent of a person
    who is a party to an electronic communication or, in the case of a
    nonelectronic communication, without the consent of a person who is
    visibly present at the place of communication, but not including
    the use of radio direction-finding equipment solely to determine
    the location of a transmitter.
      (c) Employee means a person employed by, assigned to or acting
    for an agency within the Intelligence Community.
      (d) Foreign intelligence means information relating to the
    capabilities, intentions and activities of foreign powers,
    organizations or persons, but not including counterintelligence
    except for information on international terrorist activities.
      (e) Intelligence activities means all activities that agencies
    within the Intelligence Community are authorized to conduct
    pursuant to this Order.
      (f) Intelligence Community and agencies within the Intelligence
    Community, or organizations within the Intelligence Community refer
    to the following agencies or organizations:
      (1) The Central Intelligence Agency (CIA);
      (2) The National Security Agency (NSA);
      (3) The Defense Intelligence Agency (DIA);
      (4) The offices within the Department of Defense for the
    collection of specialized national foreign intelligence through
    reconnaissance programs;
      (5) The Bureau of Intelligence and Research of the Department of
    State;
      (6) The intelligence elements of the Army, Navy, Air Force, and
    Marine Corps, the Federal Bureau of Investigation (FBI), the
    Department of the Treasury, and the Department of Energy;
      (7) The staff elements of the Director of Central Intelligence;
      (8) The intelligence elements of the Coast Guard and those
    elements of the Department of Homeland Security that are supervised
    by the Department's Under Secretary for Information Analysis and
    Infrastructure Protection through the Department's Assistant
    Secretary for Information Analysis, with the exception of those
    functions that involve no analysis of foreign intelligence
    information; and
      (9) National Geospatial-Intelligence Agency[.]
      (g) The National Foreign Intelligence Program includes the
    programs listed below, but its composition shall be subject to
    review by the National Security Council and modification by the
    President:
      (1) The programs of the CIA;
      (2) The Consolidated Cryptologic Program, the General Defense
    Intelligence Program, and the programs of the offices within the
    Department of Defense for the collection of specialized national
    foreign intelligence through reconnaissance, except such elements
    as the Director of Central Intelligence and the Secretary of
    Defense agree should be excluded;
      (3) Other programs of agencies within the Intelligence Community
    designated jointly by the Director of Central Intelligence and the
    head of the department or by the President as national foreign
    intelligence or counterintelligence activities;
      (4) Activities of the staff elements of the Director of Central
    Intelligence;
      (5) Activities to acquire the intelligence required for the
    planning and conduct of tactical operations by the United States
    military forces are not included in the National Foreign
    Intelligence Program.
      (h) Special activities means activities conducted in support of
    national foreign policy objectives abroad which are planned and
    executed so that the role of the United States Government is not
    apparent or acknowledged publicly, and functions in support of such
    activities, but which are not intended to influence United States
    political processes, public opinion, policies, or media and do not
    include diplomatic activities or the collection and production of
    intelligence or related support functions.
      (i) United States person means a United States citizen, an alien
    known by the intelligence agency concerned to be a permanent
    resident alien, an unincorporated association substantially
    composed of United States citizens or permanent resident aliens, or
    a corporation incorporated in the United States, except for a
    corporation directed and controlled by a foreign government or
    governments.

                          3.5 PURPOSE AND EFFECT                      
      This Order is intended to control and provide direction and
    guidance to the Intelligence Community. Nothing contained herein or
    in any procedures promulgated hereunder is intended to confer any
    substantive or procedural right or privilege on any person or
    organization.

                              3.6 REVOCATION                          
      Executive Order No. 12036 of January 24, 1978, as amended,
    entitled "United States Intelligence Activities," is revoked.
      [For provisions relating to consideration of Commandant and
    Assistant Commandant for Intelligence of the Coast Guard as a
    "Senior Official of the Intelligence Community" for purposes of Ex.
    Ord. No. 12333, set out above, and all other relevant authorities,
    see Ex. Ord. No. 13286, Sec. 87, Feb. 28, 2003, 68 F.R. 10632, set
    out as a note under section 111 of Title 6, Domestic Security.]


-EXEC-
                         EXECUTIVE ORDER NO. 12334                     
      Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by
    Ex. Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, which established
    the President's Intelligence Oversight Board, was revoked by Ex.
    Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set out
    below.

    EX. ORD. NO. 12863. PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD
      Ex. Ord. No. 12863, Sept. 13, 1993, 58 F.R. 48441, as amended by
    Ex. Ord. No. 13070, Dec. 15, 1997, 62 F.R. 66493; Ex. Ord. No.
    13301, May 14, 2003, 68 F.R. 26981; Ex. Ord. No. 13376, Apr. 13,
    2005, 70 F.R. 20261, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    enhance the security of the United States by improving the quality
    and effectiveness of intelligence available to the United States,
    and to assure the legality of activities of the Intelligence
    Community, it is ordered as follows:


-MISC4-
               PART I. ASSESSMENT OF INTELLIGENCE ACTIVITIES           
      Section 1.1. There is hereby established within the White House
    Office, Executive Office of the President, the President's Foreign
    Intelligence Advisory Board (PFIAB). The PFIAB shall consist of not
    more than 16 members, who shall serve at the pleasure of the
    President and shall be appointed by the President from among
    trustworthy and distinguished citizens outside the Government who
    are qualified on the basis of achievement, experience and
    independence. The President shall establish the terms of the
    members upon their appointment. To the extent practicable, one-
    third of the PFIAB at any one time shall be comprised of members
    whose term of service does not exceed 2 years. The President shall
    designate a Chairman and Vice Chairman from among the members. The
    PFIAB shall utilize full-time staff and consultants as authorized
    by the President. Such staff shall be headed by an Executive
    Director, appointed by the President.
      Sec. 1.2. The PFIAB shall assess the quality, quantity, and
    adequacy of intelligence collection, of analysis and estimates, and
    of counterintelligence and other intelligence activities. The PFIAB
    shall have the authority to review continually the performance of
    all agencies of the Federal Government that are engaged in the
    collection, evaluation, or production of intelligence or the
    execution of intelligence policy. The PFIAB shall further be
    authorized to assess the adequacy of management, personnel and
    organization in the intelligence agencies. The heads of departments
    and agencies of the Federal Government, to the extent permitted by
    law, shall provide the PFIAB with access to all information that
    the PFIAB deems necessary to carry out its responsibilities.
      Sec. 1.3. The PFIAB shall report directly to the President and
    advise him concerning the objectives, conduct, management and
    coordination of the various activities of the agencies of the
    Intelligence Community. The PFIAB shall report periodically, but at
    least semiannually, concerning its findings and appraisals and
    shall make appropriate recommendations for the improvement and
    enhancement of the intelligence efforts of the United States.
      Sec. 1.4. The PFIAB shall consider and recommend appropriate
    action with respect to matters, identified to the PFIAB by the
    Director of National Intelligence, the Central Intelligence Agency,
    or other Government agencies engaged in intelligence or related
    activities, in which the advice of the PFIAB will further the
    effectiveness of the national intelligence effort. With respect to
    matters deemed appropriate by the President, the PFIAB shall advise
    and make recommendations to the Director of National Intelligence,
    the Central Intelligence Agency, and other Government agencies
    engaged in intelligence and related activities, concerning ways to
    achieve increased effectiveness in meeting national intelligence
    needs.

               PART II. OVERSIGHT OF INTELLIGENCE ACTIVITIES           
      Sec. 2.1. The Intelligence Oversight Board (IOB) is hereby
    established as a standing committee of the PFIAB. The IOB shall
    consist of no more than five members designated by the President
    from among the membership of the PFIAB. The Chairman of the PFIAB
    may also serve as the Chairman or a member of the IOB if so
    designated by the President. The IOB shall utilize such full-time
    staff and consultants as authorized by the Chairman of the IOB with
    the concurrence of the Chairman of the PFIAB.
      Sec. 2.2. The IOB shall:
        (a) prepare for the President reports of intelligence
      activities that the IOB believes may be unlawful or contrary to
      Executive order or Presidential directive;
        (b) forward to the Attorney General reports received concerning
      intelligence activities that the IOB believes may be unlawful or
      contrary to Executive order or Presidential directive;
        (c) review the internal guidelines of each agency within the
      Intelligence Community that concern the lawfulness of
      intelligence activities;
        (d) review the practices and procedures of the Inspectors
      General and General Counsel of the Intelligence Community for
      discovering and reporting intelligence activities that may be
      unlawful or contrary to Executive order or Presidential
      directive; and
        (e) conduct such investigations as the IOB deems necessary to
      carry out its functions under this order.
      Sec. 2.3. The IOB shall report to the President. The IOB shall
    consider and take appropriate action with respect to matters
    identified by the Director of National Intelligence, the Central
    Intelligence Agency or other agencies of the Intelligence
    Community. With respect to matters deemed appropriate by the
    President, the IOB shall advise and make appropriate
    recommendations to the Director of National Intelligence, the
    Central Intelligence Agency and other agencies of the Intelligence
    Community.
      Sec. 2.4. The heads of departments and agencies of the
    Intelligence Community, to the extent permitted by law, shall
    provide the IOB with all information that the IOB deems necessary
    to carry out its responsibilities. Inspectors General and General
    Counsel of the Intelligence Community, to the extent permitted by
    law, shall report to the IOB, at least on a quarterly basis and
    from time to time as necessary or appropriate, concerning
    intelligence activities that they have reason to believe may be
    unlawful or contrary to Executive order or Presidential directive.

                       PART III. GENERAL PROVISIONS                   
      Sec. 3.1. Information made available to the PFIAB, or members of
    the PFIAB acting in their IOB capacity, shall be given all
    necessary security protection in accordance with applicable laws
    and regulations. Each member of the PFIAB, each member of the
    PFIAB's staff and each of the PFIAB's consultants shall execute an
    agreement never to reveal any classified information obtained by
    virtue of his or her services with the PFIAB except to the
    President or to such persons as the President may designate.
      Sec. 3.2. Members of the PFIAB shall serve without compensation
    but may receive transportation expenses and per diem allowance as
    authorized by law. Staff and consultants to the PFIAB shall receive
    pay and allowances as authorized by the President.
      Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as
    amended, and Executive Order No. 12537 of October 28, 1985, as
    amended [50 U.S.C. 403 note], are revoked.
      Sec. 3.4. This order is intended only to improve the internal
    management of the executive branch of the Federal Government, and
    is not intended to, and does not, create any right or benefit,
    substantive or procedural, enforceable at law or in equity, against
    the United States, its departments, agencies, or other entities,
    its officers or employees, or any other person.


-EXEC-
    EFFECTIVE DATES OF PROVISIONS IN TITLE I OF THE INTELLIGENCE REFORM
                   AND TERRORISM PREVENTION ACT OF 2004
      Memorandum of President of the United States, Apr. 21, 2005, 70
    F.R. 23925, provided:
      Memorandum for the Secretary of State[,] the Secretary of the
    Treasury[,] the Secretary of Defense[,] the Attorney General[,] the
    Secretary of Energy[,] the Secretary of Homeland Security[,] the
    Director of the Office of Management and Budget[, and] the Director
    of National Intelligence
      Subsection 1097(a) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458, December 17, 2004) (the
    Act) [set out in a note above] provides:
      (a) IN GENERAL- Except as otherwise expressly provided in this
      Act, this title and the amendments made by this title shall take
      effect not later than 6 months after the date of the enactment of
      this Act.
      Subsection 1097(a) clearly contemplates that one or more of the
    provisions in Title I of the Act may take effect earlier than the
    date that is 6 months after the date of enactment of the Act, but
    does not state explicitly the mechanism for determining when such
    earlier effect shall occur, leaving it to the President in the
    execution of the Act. Moreover, given that section 1097(a) evinces
    a legislative intent to afford the President flexibility, and such
    flexibility is constitutionally appropriate with respect to
    intelligence matters (see United States v. Curtiss-Wright Export
    Corporation, 299 U.S. 304 (1936)), the executive branch shall
    construe section 1097(a) to authorize the President to select
    different effective dates that precede the 6-month deadline for
    different provisions in Title I.
      Therefore, pursuant to the Constitution and the laws of the
    United States of America, including subsection 1097(a) of the Act,
    I hereby determine and direct:
      1. Sections 1097(a) and 1103 of the Act [set out in notes above],
    relating respectively to effective dates of provisions and to
    severability, shall take effect immediately upon the signing of
    this memorandum to any extent that they have not already taken
    effect.
      2. Provisions in Title I of the Act other than those addressed in
    numbered paragraph 1 of this memorandum shall take effect
    immediately upon the signing of this memorandum, except:
      (a) any provision in Title I of the Act for which the Act
    expressly provides the date on which the provision shall take
    effect; and
      (b) sections 1021 and 1092 of the Act [enacting section 404o of
    this title and provisions set out in a note above, respectively],
    relating to the National Counterterrorism Center.
      The taking of effect of a provision pursuant to section 1097(a)
    of the Act and this memorandum shall not affect the construction of
    such provision by the executive branch as set forth in my Statement
    of December 17, 2004, upon signing the Act into law.
      The Director of the Office of Management and Budget is authorized
    and directed to publish this memorandum in the Federal Register.
                                                         George W. Bush.

-End-



-CITE-
    50 USC Sec. 401a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY

-HEAD-
    Sec. 401a. Definitions

-STATUTE-
      As used in this Act:
        (1) The term "intelligence" includes foreign intelligence and
      counterintelligence.
        (2) The term "foreign intelligence" means information relating
      to the capabilities, intentions, or activities of foreign
      governments or elements thereof, foreign organizations, or
      foreign persons, or international terrorist activities.
        (3) The term "counterintelligence" means information gathered,
      and activities conducted, to protect against espionage, other
      intelligence activities, sabotage, or assassinations conducted by
      or on behalf of foreign governments or elements thereof, foreign
      organizations, or foreign persons, or international terrorist
      activities.
        (4) The term "intelligence community" includes the following:
          (A) The Office of the Director of National Intelligence.
          (B) The Central Intelligence Agency.
          (C) The National Security Agency.
          (D) The Defense Intelligence Agency.
          (E) The National Geospatial-Intelligence Agency.
          (F) The National Reconnaissance Office.
          (G) Other offices within the Department of Defense for the
        collection of specialized national intelligence through
        reconnaissance programs.
          (H) The intelligence elements of the Army, the Navy, the Air
        Force, the Marine Corps, the Federal Bureau of Investigation,
        and the Department of Energy.
          (I) The Bureau of Intelligence and Research of the Department
        of State.
          (J) The Office of Intelligence and Analysis of the Department
        of the Treasury.
          (K) The elements of the Department of Homeland Security
        concerned with the analysis of intelligence information,
        including the Office of Intelligence of the Coast Guard.
          (L) Such other elements of any other department or agency as
        may be designated by the President, or designated jointly by
        the Director of National Intelligence and the head of the
        department or agency concerned, as an element of the
        intelligence community.

        (5) The terms "national intelligence" and "intelligence related
      to national security" refer to all intelligence, regardless of
      the source from which derived and including information gathered
      within or outside the United States, that - 
          (A) pertains, as determined consistent with any guidance
        issued by the President, to more than one United States
        Government agency; and
          (B) that involves - 
            (i) threats to the United States, its people, property, or
          interests;
            (ii) the development, proliferation, or use of weapons of
          mass destruction; or
            (iii) any other matter bearing on United States national or
          homeland security.

        (6) The term "National Intelligence Program" refers to all
      programs, projects, and activities of the intelligence community,
      as well as any other programs of the intelligence community
      designated jointly by the Director of Central Intelligence and
      the head of a United States department or agency or by the
      President. Such term does not include programs, projects, or
      activities of the military departments to acquire intelligence
      solely for the planning and conduct of tactical military
      operations by United States Armed Forces.
        (7) The term "congressional intelligence committees" means - 
          (A) the Select Committee on Intelligence of the Senate; and
          (B) the Permanent Select Committee on Intelligence of the
        House of Representatives.

-SOURCE-
    (July 26, 1947, ch. 343, Sec. 3, as added Pub. L. 102-496, title
    VII, Sec. 702, Oct. 24, 1992, 106 Stat. 3188; amended Pub. L. 103-
    359, title V, Sec. 501(a)(1), Oct. 14, 1994, 108 Stat. 3428; Pub.
    L. 104-201, div. A, title XI, Sec. 1122(b)(1), Sept. 23, 1996, 110
    Stat. 2687; Pub. L. 107-56, title IX, Sec. 902, Oct. 26, 2001, 115
    Stat. 387; Pub. L. 107-108, title I, Sec. 105, Dec. 28, 2001, 115
    Stat. 1397; Pub. L. 107-296, title II, Sec. 201(h), Nov. 25, 2002,
    116 Stat. 2149; Pub. L. 107-306, title III, Sec. 353(a), Nov. 27,
    2002, 116 Stat. 2401; Pub. L. 108-136, div. A, title IX, Sec.
    921(e)(1), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108-177, title I,
    Sec. 105(d)(1), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108-458,
    title I, Secs. 1012, 1073, 1074(a), Dec. 17, 2004, 118 Stat. 3662,
    3693, 3694.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means act July 26, 1947, ch. 343,
    61 Stat. 495, as amended, known as the National Security Act of
    1947. For complete classification of this Act to the Code, see
    Short Title note set out under section 401 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Par. (4). Pub. L. 108-458, Sec. 1073, amended par. (4)
    generally, substituting provisions defining "intelligence
    community" as including the Office of the Director of National
    Intelligence and other entities for provisions defining
    "intelligence community" as including the Office of the Director of
    Central Intelligence and other entities.
      Par. (5). Pub. L. 108-458, Sec. 1012, amended par. (5) generally.
    Prior to amendment, par. (5) read as follows: "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."
      Par. (6). Pub. L. 108-458, Sec. 1074(a), struck out "Foreign"
    before "Intelligence Program".
      2003 - Par. (4)(E). Pub. L. 108-136 substituted "National
    Geospatial-Intelligence Agency" for "National Imagery and Mapping
    Agency".
      Par. (4)(H). Pub. L. 108-177, Sec. 105(d)(1)(A), struck out "the
    Department of the Treasury," after "the Federal Bureau of
    Investigation,".
      Par. (4)(J) to (L). Pub. L. 108-177, Sec. 105(d)(1)(B), (C),
    added subpar. (J) and redesignated former subpars. (J) and (K) as
    (K) and (L), respectively.
      2002 - Par. (4)(J), (K). Pub. L. 107-296 added subpar. (J) and
    redesignated former subpar. (J) as (K).
      Par. (7). Pub. L. 107-306 added par. (7).
      2001 - Par. (2). Pub. L. 107-56, Sec. 902(1), inserted ", or
    international terrorist activities" before period at end.
      Par. (3). Pub. L. 107-56, Sec. 902(2), substituted ", and
    activities conducted," for "and activities conducted".
      Par. (4)(H). Pub. L. 107-108 struck out "and" before "the
    Department of Energy" and inserted ", and the Coast Guard" before
    semicolon.
      1996 - Par. (4)(E). Pub. L. 104-201 substituted "National Imagery
    and Mapping Agency" for "Central Imagery Office".
      1994 - Par. (4)(E). Pub. L. 103-359 substituted "the Central
    Imagery Office" for "the central imagery authority within the
    Department of Defense".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.


-MISC2-
                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section
    1124 of Pub. L. 104-201, set out as a note under section 193 of
    Title 10, Armed Forces.


-TRANS-
                      AUTHORITY OF SECRETARY OF STATE                  
      Except as otherwise provided, Secretary of State to have and
    exercise any authority vested by law in any official or office of
    Department of State and references to such officials or offices
    deemed to refer to Secretary of State or Department of State, as
    appropriate, see section 2651a of Title 22, Foreign Relations and
    Intercourse, and section 161(d) of Pub. L. 103-236, set out as a
    note under section 2651a of Title 22.

-End-


-CITE-
    50 USC SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
             SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY         

-End-



-CITE-
    50 USC Sec. 402                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 402. National Security Council

-STATUTE-
    (a) Establishment; presiding officer; functions; composition
      There is established a council to be known as the National
    Security Council (hereinafter in this section referred to as the
    "Council").
      The President of the United States shall preside over meetings of
    the Council: Provided, That in his absence he may designate a
    member of the Council to preside in his place.
      The function of the Council shall be to advise the President with
    respect to the integration of domestic, foreign, and military
    policies relating to the national security so as to enable the
    military services and the other departments and agencies of the
    Government to cooperate more effectively in matters involving the
    national security.
      The Council shall be composed of - 
        (1) the President;
        (2) the Vice President;
        (3) the Secretary of State;
        (4) the Secretary of Defense;
        (5) the Director for Mutual Security;
        (6) the Chairman of the National Security Resources Board; and
        (7) the Secretaries and Under Secretaries of other executive
      departments and of the military departments, the Chairman of the
      Munitions Board, and the Chairman of the Research and Development
      Board, when appointed by the President by and with the advice and
      consent of the Senate, to serve at his pleasure.
    (b) Additional functions
      In addition to performing such other functions as the President
    may direct, for the purpose of more effectively coordinating the
    policies and functions of the departments and agencies of the
    Government relating to the national security, it shall, subject to
    the direction of the President, be the duty of the Council - 
        (1) to assess and appraise the objectives, commitments, and
      risks of the United States in relation to our actual and
      potential military power, in the interest of national security,
      for the purpose of making recommendations to the President in
      connection therewith; and
        (2) to consider policies on matters of common interest to the
      departments and agencies of the Government concerned with the
      national security, and to make recommendations to the President
      in connection therewith.
    (c) Executive secretary; appointment; staff employees
      The Council shall have a staff to be headed by a civilian
    executive secretary who shall be appointed by the President. The
    executive secretary, subject to the direction of the Council, is
    authorized, subject to the civil-service laws and chapter 51 and
    subchapter III of chapter 53 of title 5, to appoint and fix the
    compensation of such personnel as may be necessary to perform such
    duties as may be prescribed by the Council in connection with the
    performance of its functions.
    (d) Recommendations and reports
      The Council shall, from time to time, make such recommendations,
    and such other reports to the President as it deems appropriate or
    as the President may require.
    (e) Participation of Chairman or Vice Chairman of Joint Chiefs of
      Staff
      The Chairman (or in his absence the Vice Chairman) of the Joint
    Chiefs of Staff may, in his role as principal military adviser to
    the National Security Council and subject to the direction of the
    President, attend and participate in meetings of the National
    Security Council.
    (f) Participation by Director of National Drug Control Policy
      The Director of National Drug Control Policy may, in the role of
    the Director as principal adviser to the National Security Council
    on national drug control policy, and subject to the direction of
    the President, attend and participate in meetings of the National
    Security Council.
    (g) Board for Low Intensity Conflict
      The President shall establish within the National Security
    Council a board to be known as the "Board for Low Intensity
    Conflict". The principal function of the board shall be to
    coordinate the policies of the United States for low intensity
    conflict.
    (h) Committee on Foreign Intelligence
      (1) There is established within the National Security Council a
    committee to be known as the Committee on Foreign Intelligence (in
    this subsection referred to as the "Committee").
      (2) The Committee shall be composed of the following:
        (A) The Director of National Intelligence.
        (B) The Secretary of State.
        (C) The Secretary of Defense.
        (D) The Assistant to the President for National Security
      Affairs, who shall serve as the chairperson of the Committee.
        (E) Such other members as the President may designate.

      (3) The function of the Committee shall be to assist the Council
    in its activities by - 
        (A) identifying the intelligence required to address the
      national security interests of the United States as specified by
      the President;
        (B) establishing priorities (including funding priorities)
      among the programs, projects, and activities that address such
      interests and requirements; and
        (C) establishing policies relating to the conduct of
      intelligence activities of the United States, including
      appropriate roles and missions for the elements of the
      intelligence community and appropriate targets of intelligence
      collection activities.

      (4) In carrying out its function, the Committee shall - 
        (A) conduct an annual review of the national security interests
      of the United States;
        (B) identify on an annual basis, and at such other times as the
      Council may require, the intelligence required to meet such
      interests and establish an order of priority for the collection
      and analysis of such intelligence; and
        (C) conduct an annual review of the elements of the
      intelligence community in order to determine the success of such
      elements in collecting, analyzing, and disseminating the
      intelligence identified under subparagraph (B).

      (5) The Committee shall submit each year to the Council and to
    the Director of National Intelligence a comprehensive report on its
    activities during the preceding year, including its activities
    under paragraphs (3) and (4).
    (i) (!1) Committee on Transnational Threats

      (1) There is established within the National Security Council a
    committee to be known as the Committee on Transnational Threats (in
    this subsection referred to as the "Committee").
      (2) The Committee shall include the following members:
        (A) The Director of National 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.
        (B) Any individual or group that engages in an activity
      referred to in subparagraph (A).
    (j) Participation of Director of National Intelligence
      The Director of National Intelligence (or, in the Director's
    absence, the Principal Deputy Director of National Intelligence)
    may, in the performance of the Director's duties under this Act and
    subject to the direction of the President, attend and participate
    in meetings of the National Security Council.
    (i) (!2) Special Adviser to the President on International
      Religious Freedom

      It is the sense of the Congress that there should be within the
    staff of the National Security Council a Special Adviser to the
    President on International Religious Freedom, whose position should
    be comparable to that of a director within the Executive Office of
    the President. The Special Adviser should serve as a resource for
    executive branch officials, compiling and maintaining information
    on the facts and circumstances of violations of religious freedom
    (as defined in section 6402 of title 22), and making policy
    recommendations. The Special Adviser should serve as liaison with
    the Ambassador at Large for International Religious Freedom, the
    United States Commission on International Religious Freedom,
    Congress and, as advisable, religious nongovernmental
    organizations.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 101, 61 Stat. 496; Aug. 10,
    1949, ch. 412, Sec. 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title
    XI, Sec. 1106(a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V,
    Sec. 501(e)(1), 65 Stat. 378; Pub. L. 99-433, title II, Sec. 203,
    Oct. 1, 1986, 100 Stat. 1011; Pub. L. 99-500, Sec. 101(c) [title
    IX, Sec. 9115(f)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-125, and
    Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9115(f)], Oct. 30,
    1986, 100 Stat. 3341-82, 3341-125; Pub. L. 99-661, div. A, title
    XIII, Sec. 1311(f), Nov. 14, 1986, 100 Stat. 3986; Pub. L. 100-690,
    title I, Sec. 1003(a)(3), Nov. 18, 1988, 102 Stat. 4182; Pub. L.
    102-496, title VII, Sec. 703, Oct. 24, 1992, 106 Stat. 3189; Pub.
    L. 104-293, title VIII, Secs. 802, 804, Oct. 11, 1996, 110 Stat.
    3474, 3476; Pub. L. 105-277, div. C, title VII, Sec. 713(b), Oct.
    21, 1998, 112 Stat. 2681-693; Pub. L. 105-292, title III, Sec. 301,
    Oct. 27, 1998, 112 Stat. 2800; Pub. L. 108-458, title I, Secs.
    1071(a)(1)(A)-(D), 1072(a)(1), Dec. 17, 2004, 118 Stat. 3689,
    3692.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil-service laws, referred to in subsec. (c), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      This Act, referred to in subsec. (j), means act July 26, 1947,
    ch. 343, 61 Stat. 495, as amended, known as the National Security
    Act of 1947. For complete classification of this Act to the Code,
    see Short Title note set out under section 401 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
      In subsec. (c), provisions that specified compensation of $10,000
    per year for the executive secretary to the Council were omitted.
    Section 304(b) of Pub. L. 88-426 amended section 105 of Title 3,
    The President, to include the executive secretary of the Council
    among those whose compensation was authorized to be fixed by the
    President. Section 1(a) of Pub. L. 95-570 further amended section
    105 of Title 3 to authorize the President to appoint and fix the
    pay of the employees of the White House Office subject to certain
    provisions.
      In subsec. (c), "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (h)(2)(A). Pub. L. 108-458, Sec. 1071(a)(1)(A),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (h)(5). Pub. L. 108-458, Sec. 1071(a)(1)(B), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      Subsec. (i)(2)(A). Pub. L. 108-458, Sec. 1071(a)(1)(C),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (j). Pub. L. 108-458, Sec. 1072(a)(1), substituted
    "Principal Deputy Director of National Intelligence" for "Deputy
    Director of Central Intelligence".
      Pub. L. 108-458, Sec. 1071(a)(1)(D), substituted "Director of
    National Intelligence" for "Director of Central Intelligence".
      1998 - Subsecs. (f), (g). Pub. L. 105-277 added subsec. (f) and
    redesignated former subsec. (f) as (g).
      Subsec. (i). Pub. L. 105-292 added subsec. (i) relating to
    Special Adviser to the President on International Religious
    Freedom.
      1996 - Subsec. (h). Pub. L. 104-293, Sec. 802(2), added subsec.
    (h). Former subsec. (h) redesignated (j).
      Subsec. (i). Pub. L. 104-293, Sec. 804, added subsec. (i).
      Subsec. (j). Pub. L. 104-293, Sec. 802(1), redesignated subsec.
    (h) as (j).
      1992 - Subsec. (h). Pub. L. 102-496 added subsec. (h).
      1988 - Subsecs. (f), (g). Pub. L. 100-690, Secs. 1003(a)(3),
    1009, temporarily added subsec. (f), relating to participation by
    Director of National Drug Control Policy in meetings of National
    Security Council, and redesignated former subsec. (f) as (g). See
    Effective and Termination Dates of 1988 Amendment note below.
      1986 - Subsec. (e). Pub. L. 99-433 added subsec. (e).
      Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661
    amended section identically adding subsec. (f).
      1951 - Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating
    to Director for Mutual Security, in fourth paragraph, and
    renumbered former cls. (5) and (6) thereof as cls. (6) and (7),
    respectively.
      1949 - Subsec. (a). Act Aug. 10, 1949, added the Vice President
    to the Council, removed the Secretaries of the military
    departments, to authorize the President to add, with the consent of
    the Senate, Secretaries and Under Secretaries of other executive
    departments and of the military department, and the Chairmen of the
    Munitions Board and the Research and Development Board.
      Subsec. (c). Act Oct. 28, 1949, substituted "Classification Act
    of 1949" for "Classification Act of 1923, as amended".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

             EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT         
      Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and
    repealed on Sept. 30, 1997, see sections 1012 and 1009,
    respectively, of Pub. L. 100-690.

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Office of Director for Mutual Security abolished and functions of
    Director, including those as a member of National Security Council,
    transferred to Director of Foreign Operations Administration by
    Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out
    in the Appendix to Title 5, Government Organization and Employees.
    Foreign Operations Administration abolished by Ex. Ord. No. 10610,
    May 9, 1955, 20 F.R. 3179, and its functions and offices
    transferred to Department of State to be administered by
    International Cooperation Administration. For later transfer, see
    section 2381 of Title 22, Foreign Relations and Intercourse, and
    notes set out under that section.
      National Security Resources Board, together with Office of
    Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff.
    June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out under section
    404 of this title. Functions of Chairman with limited exception,
    including his functions as a member of National Security Council
    transferred to Office of Defense Mobilization by section 2(a) of
    Reorg. Plan No. 3 of 1953. Functions of Director of Office of
    Defense Mobilization with respect to being a member of National
    Security Council transferred to Director of Office of Civil and
    Defense Mobilization by Reorg. Plan No. 1 of 1958, Sec. 4, eff.
    July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended by Pub. L. 85-
    763, Aug. 26, 1958, 72 Stat. 861, set out as a note under section
    5195 of Title 42, The Public Health and Welfare. For subsequent
    transfers to Office of Emergency Planning, Office of Emergency
    Preparedness, and President, see Transfer of Functions notes set
    out under section 404 of this title.
      Munitions Board, together with office of Chairman, abolished by
    section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R.
    3743, 67 Stat. 638, set out in the Appendix to Title 5, Government
    Organization and Employees. All functions vested in Munitions Board
    transferred to Secretary of Defense by section 1(a) of Reorg. Plan
    No. 6 of 1953.
      Research and Development Board, together with office of Chairman,
    abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30,
    1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title
    5, Government Organization and Employees. Functions vested in Board
    transferred to Secretary of Defense by section 1(a) of Reorg. Plan
    No. 6 of 1953.
      National Security Council, together with its functions, records,
    property, personnel, and unexpended balances of appropriations,
    allocations, and other funds (available or to be made available)
    transferred to Executive Office of President by Reorg. Plan No. 4
    of 1949, eff. Aug. 20, 1949, 14 F.R. 5227, 63 Stat. 1067, set out
    in the Appendix to Title 5, Government Organization and Employees.


-MISC2-
    RULE OF CONSTRUCTION FOR DUPLICATE AUTHORIZATION AND APPROPRIATION
           PROVISIONS OF PUBLIC LAWS 99-500, 99-591, AND 99-661
      For rule of construction for certain duplicate provisions of
    Public Laws 99-500, 99-591, and 99-661, see section 6 of Pub. L.
    100-26, set out as a note under section 2302 of Title 10, Armed
    Forces.

                     SECTION AS UNAFFECTED BY REPEALS                 
      Repeals by section 542(a) of Mutual Security Act of 1954 did not
    repeal amendment to this section by act Oct. 10, 1951.

               PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING           
      Pub. L. 108-375, div. A, title IX, Sec. 922, Oct. 28, 2004, 118
    Stat. 2029, provided that:
      "(a) Program Authorized. - The Director of the National Security
    Agency may carry out a pilot program on cryptologic service
    training for the intelligence community.
      "(b) Objective of Program. - The objective of the pilot program
    is to increase the number of qualified entry-level language
    analysts and intelligence analysts available to the National
    Security Agency and the other elements of the intelligence
    community through the directed preparation and recruitment of
    qualified entry-level language analysts and intelligence analysts
    who commit to a period of service or a career in the intelligence
    community.
      "(c) Program Scope. - The pilot program shall be national in
    scope.
      "(d) Program Participants. - (1) Subject to the provisions of
    this subsection, the Director shall select the participants in the
    pilot program from among individuals qualified to participate in
    the pilot program utilizing such procedures as the Director
    considers appropriate for purposes of the pilot program.
      "(2) Each individual who receives financial assistance under the
    pilot program shall perform one year of obligated service with the
    National Security Agency, or another element of the intelligence
    community approved by the Director, for each academic year for
    which such individual receives such financial assistance upon such
    individual's completion of post-secondary education.
      "(3) Each individual selected to participate in the pilot program
    shall be qualified for a security clearance appropriate for the
    individual under the pilot program.
      "(4) The total number of participants in the pilot program at any
    one time may not exceed 400 individuals.
      "(e) Program Management. - In carrying out the pilot program, the
    Director shall - 
        "(1) identify individuals interested in working in the
      intelligence community, and committed to taking college-level
      courses that will better prepare them for a career in the
      intelligence community as a language analyst or intelligence
      analyst;
        "(2) provide each individual selected for participation in the
      pilot program - 
          "(A) financial assistance for the pursuit of courses at
        institutions of higher education selected by the Director in
        fields of study that will qualify such individual for
        employment by an element of the intelligence community as a
        language analyst or intelligence analyst; and
          "(B) educational counseling on the selection of courses to be
        so pursued; and
        "(3) provide each individual so selected information on the
      opportunities available for employment in the intelligence
      community.
      "(f) Duration of Program. - (1) The Director shall terminate the
    pilot program not later than six years after the date of the
    enactment of this Act [Oct. 28, 2004].
      "(2) The termination of the pilot program under paragraph (1)
    shall not prevent the Director from continuing to provide
    assistance, counseling, and information under subsection (e) to
    individuals who are participating in the pilot program on the date
    of termination of the pilot program throughout the academic year in
    progress as of that date."

                   NATIONAL SECURITY AGENCY ACT OF 1959               
      Pub. L. 86-36, May 29, 1959, 73 Stat. 63, as amended by Pub. L.
    87-367, title II, Secs. 201, 204, Oct. 4, 1961, 75 Stat. 789, 791;
    Pub. L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Sept.
    23, 1950, ch. 1024, title III, Sec. 306(a), as added Mar. 26, 1964,
    Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title
    III, Sec. 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, Sec.
    3(d), 78 Stat. 1008; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80
    Stat. 660; Oct. 8, 1966, Pub. L. 89-632, Sec. 1(e), 80 Stat. 878;
    Pub. L. 91-187, Sec. 2, Dec. 30, 1969, 83 Stat. 850; Pub. L. 96-
    450, title IV, Sec. 402(a), Oct. 14, 1980, 94 Stat. 1977; Pub. L.
    97-89, title VI, Secs. 601-603, Dec. 4, 1981, 95 Stat. 1154-1156,
    eff. Oct. 1, 1981; Pub. L. 99-335, title V, Sec. 507(a), June 6,
    1986, 100 Stat. 628; Pub. L. 99-569, title V, Sec. 505, Oct. 27,
    1986, 100 Stat. 3200; Pub. L. 101-193, title V, Sec. 505(b), Nov.
    30, 1989, 103 Stat. 1709; Pub. L. 101-194, title V, Sec. 506(c)(2),
    Nov. 30, 1989, 103 Stat. 1759; Pub. L. 102-88, title V, Sec. 503,
    Aug. 14, 1991, 105 Stat. 436; Pub. L. 102-183, title IV, Sec. 405,
    Dec. 4, 1991, 105 Stat. 1267; Pub. L. 102-496, title III, Sec.
    304(a), title IV, Sec. 405, title VIII, Sec. 803(b), Oct. 24, 1992,
    106 Stat. 3183, 3186, 3253; Pub. L. 103-359, title VIII, Sec.
    806(b)(2), Oct. 14, 1994, 108 Stat. 3442; Pub. L. 104-106, div. A,
    title X, Sec. 1064(b), Feb. 10, 1996, 110 Stat. 445; Pub. L. 104-
    201, div. A, title XVI, Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat.
    2751; Pub. L. 107-108, title V, Sec. 506, Dec. 28, 2001, 115 Stat.
    1406; Pub. L. 107-306, title VIII, Sec. 841(f), Nov. 27, 2002, 116
    Stat. 2432; Pub. L. 108-177, title III, Sec. 377(c), title V, Sec.
    501, Dec. 13, 2003, 117 Stat. 2630, 2633; Pub. L. 108-487, title V,
    Sec. 501, Dec. 23, 2004, 118 Stat. 3950, provided: "That this Act
    [this note] may be cited as the 'National Security Agency Act of
    1959'. [Amended Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
    660; Pub. L. 96-450, title IV, Sec. 402(a)(2), Oct. 14, 1980, 94
    Stat. 1978.]
      "[Sec. 2. Repealed. Pub. L. 104-201, div. A, title XVI, Sec.
    1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]
      "Sec. 3. [Amended section 1581(a) of Title 10, Armed Forces.]
      "[Sec. 4. Repealed. Pub. L. 104-201, div. A, title XVI, Sec.
    1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]
      "Sec. 5. Officers and employees of the National Security Agency
    who are citizens or nationals of the United States may be granted
    additional compensation, in accordance with regulations which shall
    be prescribed by the Secretary of Defense, not in excess of
    additional compensation authorized by section 207 of the
    Independent Offices Appropriation Act, 1949, as amended (5 U.S.C.
    118h) [see 5 U.S.C. 5941], for employees whose rates of basic
    compensation are fixed by statute.
      "Sec. 6. (a) Except as provided in subsection (b) of this
    section, nothing in this Act or any other law (including, but not
    limited to, the first section and section 2 of the Act of August
    28, 1935 (5 U.S.C. 654) [repealed by Pub. L. 86-626, title I, Sec.
    101, July 12, 1960, 74 Stat. 427]) shall be construed to require
    the disclosure of the organization or any function of the National
    Security Agency, or any information with respect to the activities
    thereof, or of the names, titles, salaries, or number of the
    persons employed by such agency.
      "(b) The reporting requirements of section 1582 of title 10,
    United States Code, shall apply to positions established in the
    National Security Agency in the manner provided by section 4 of
    this Act.
      "[Sec. 7. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
    Stat. 660.]
      "Sec. 8. The foregoing provisions of this Act shall take effect
    on the first day of the first pay period which begins later than
    the thirtieth day following the date of enactment of this Act [May
    29, 1959].
      "Sec. 9. (a) Notwithstanding section 322 of the Act of June 30,
    1932 ([former] 40 U.S.C. 278a), section 5536 of title 5, United
    States Code, and section 2675 of title 10, United States Code, the
    Director of the National Security Agency, on behalf of the
    Secretary of Defense, may lease real property outside the United
    States, for periods not exceeding ten years, for the use of the
    National Security Agency for special cryptologic activities and for
    housing for personnel assigned to such activities.
      "(b) The Director of the National Security Agency, on behalf of
    the Secretary of Defense, may provide to certain civilian and
    military personnel of the Department of Defense who are assigned to
    special cryptologic activities outside the United States and who
    are designated by the Secretary of Defense for the purposes of this
    subsection - 
        "(1) allowances and benefits - 
          "(A) comparable to those provided by the Secretary of State
        to members of the Foreign Service under chapter 9 of title I of
        the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any
        other provision of law; and
          "(B) in the case of selected personnel serving in
        circumstances similar to those in which personnel of the
        Central Intelligence Agency serve, comparable to those provided
        by the Director of Central Intelligence to personnel of the
        Central Intelligence Agency;
        "(2) housing (including heat, light, and household equipment)
      without cost to such personnel, if the Director of the National
      Security Agency, on behalf of the Secretary of Defense determines
      that it would be in the public interest to provide such housing;
      and
        "(3) special retirement accrual in the same manner provided in
      section 303 of the Central Intelligence Agency Retirement Act (50
      U.S.C. 403 note) [50 U.S.C. 2001 et seq.] and in section 18 of
      the Central Intelligence Agency Act of 1949 [50 U.S.C. 403r].
      "(c) The authority of the Director of the National Security
    Agency, on behalf of the Secretary of Defense, to make payments
    under subsections (a) and (b), and under contracts for leases
    entered into under subsection (a), is effective for any fiscal year
    only to the extent that appropriated funds are available for such
    purpose.
      "(d) Members of the Armed Forces may not receive benefits under
    both subsection (b)(1) and title 37, United States Code, for the
    same purpose. The Secretary of Defense shall prescribe such
    regulations as may be necessary to carry out this subsection.
      "(e) Regulations issued pursuant to subsection (b)(1) shall be
    submitted to the Permanent Select Committee on Intelligence of the
    House of Representatives and the Select Committee on Intelligence
    of the Senate before such regulations take effect.
      [Amended Pub. L. 102-496, title VIII, Sec. 803(b), Oct. 24, 1992,
    106 Stat. 3253. Amendment by Pub. L. 102-496 effective on first day
    of fourth month beginning after Oct. 24, 1992, see section 805 of
    Pub. L. 102-496, set out as an Effective Date note under section
    2001 of this title.]
      [Amended Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989,
    103 Stat. 1709.]
      [Amended Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100
    Stat. 628. Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see
    section 702(a) of Pub. L. 99-335, set out as an Effective Date note
    under section 8401 of Title 5, Government Organization and
    Employees.]
      [Amended Pub. L. 97-89, title VI, Sec. 601, Dec. 4, 1981, 95
    Stat. 1154.]
      [Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980,
    94 Stat. 1977.]
      "Sec. 10. (a) The Director of the National Security Agency shall
    arrange for, and shall prescribe regulations concerning, language
    and language-related training programs for military and civilian
    cryptologic personnel. In establishing programs under this section
    for language and language-related training, the Director - 
        "(1) may provide for the training and instruction to be
      furnished, including functional and geographic area
      specializations;
        "(2) may arrange for training and instruction through other
      Government agencies and, in any case in which appropriate
      training or instruction is unavailable through Government
      facilities, through nongovernmental facilities that furnish
      training and instruction useful in the fields of language and
      foreign affairs;
        "(3) may support programs that furnish necessary language and
      language-related skills, including, in any case in which
      appropriate programs are unavailable at Government facilities,
      support through contracts, grants, or cooperation with
      nongovernmental educational institutions; and
        "(4) may obtain by appointment or contract the services of
      individuals to serve as language instructors, linguists, or
      special language project personnel.
      "(b)(1) In order to maintain necessary capability in foreign
    language skills and related abilities needed by the National
    Security Agency, the Director, without regard to subchapter IV of
    chapter 55 of title 5, United States Code, may provide special
    monetary or other incentives to encourage civilian cryptologic
    personnel of the Agency to acquire or retain proficiency in foreign
    languages or special related abilities needed by the Agency.
      "(2) In order to provide linguistic training and support for
    cryptologic personnel, the Director - 
        "(A) may pay all or part of the tuition and other expenses
      related to the training of personnel who are assigned or detailed
      for language and language-related training, orientation, or
      instruction; and
        "(B) may pay benefits and allowances to civilian personnel in
      accordance with chapters 57 and 59 of title 5, United States
      Code, and to military personnel in accordance with chapter 7 of
      title 37, United States Code, and applicable provisions of title
      10, United States Code, when such personnel are assigned to
      training at sites away from their designated duty station.
      "(c)(1) To the extent not inconsistent, in the opinion of the
    Secretary of Defense, with the operation of military cryptologic
    reserve units and in order to maintain necessary capability in
    foreign language skills and related abilities needed by the
    National Security Agency, the Director may establish a cryptologic
    linguist reserve. The cryptologic linguist reserve may consist of
    former or retired civilian or military cryptologic personnel of the
    National Security Agency and of other qualified individuals, as
    determined by the Director of the Agency. Each member of the
    cryptologic linguist reserve shall agree that, during any period of
    emergency (as determined by the Director), the member shall return
    to active civilian status with the National Security Agency and
    shall perform such linguistic or linguistic-related duties as the
    Director may assign.
      "(2) In order to attract individuals to become members of the
    cryptologic linguist reserve, the Director, without regard to
    subchapter IV of chapter 55 of title 5, United States Code, may
    provide special monetary incentives to individuals eligible to
    become members of the reserve who agree to become members of the
    cryptologic linguist reserve and to acquire or retain proficiency
    in foreign languages or special related abilities.
      "(3) In order to provide training and support for members of the
    cryptologic linguist reserve, the Director - 
        "(A) may pay all or part of the tuition and other expenses
      related to the training of individuals in the cryptologic
      linguist reserve who are assigned or detailed for language and
      language-related training, orientation, or instruction; and
        "(B) may pay benefits and allowances in accordance with
      chapters 57 and 59 of title 5, United States Code, to individuals
      in the cryptologic linguist reserve who are assigned to training
      at sites away from their homes or regular places of business.
      "(d)(1) The Director, before providing training under this
    section to any individual, may obtain an agreement with that
    individual that - 
        "(A) in the case of current employees, pertains to continuation
      of service of the employee, and repayment of the expenses of such
      training for failure to fulfill the agreement, consistent with
      the provisions of section 4108 of title 5, United States Code;
      and
        "(B) in the case of individuals accepted for membership in the
      cryptologic linguist reserve, pertains to return to service when
      requested, and repayment of the expenses of such training for
      failure to fulfill the agreement, consistent with the provisions
      of section 4108 of title 5, United States Code.
      "(2) The Director, under regulations prescribed under this
    section, may waive, in whole or in part, a right of recovery under
    an agreement made under this subsection if it is shown that the
    recovery would be against equity and good conscience or against the
    public interest.
      "(e)(1) Subject to paragraph (2), the Director may provide to
    family members of military and civilian cryptologic personnel
    assigned to representational duties outside the United States, in
    anticipation of the assignment of such personnel outside the United
    States or while outside the United States, appropriate orientation
    and language training that is directly related to the assignment
    abroad.
      "(2) Language training under paragraph (1) may not be provided to
    any individual through payment of the expenses of tuition or other
    cost of instruction at a non-Government educational institution
    unless appropriate instruction is not available at a Government
    facility.
      "(f) The Director may waive the applicability of any provision of
    chapter 41 of title 5, United States Code, to any provision of this
    section if he finds that such waiver is important to the
    performance of cryptologic functions.
      "(g) The authority of the Director to enter into contracts or to
    make grants under this section is effective for any fiscal year
    only to the extent that appropriated funds are available for such
    purpose.
      "(h) Regulations issued pursuant to this section shall be
    submitted to the Permanent Select Committee on Intelligence of the
    House of Representatives and the Select Committee on Intelligence
    of the Senate before such regulations take effect.
      "(i) The Director of the National Security Agency, on behalf of
    the Secretary of Defense, may, without regard to section
    4109(a)(2)(B) of title 5, United States Code, pay travel,
    transportation, storage, and subsistence expenses under chapter 57
    of such title to civilian and military personnel of the Department
    of Defense who are assigned to duty outside the United States for a
    period of one year or longer which involves cryptologic training,
    language training, or related disciplines. [Added Pub. L. 96-450,
    title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978, and amended
    Pub. L. 97-89, title VI, Sec. 602, Dec. 4, 1981, 95 Stat. 1154.]
      "Sec. 11. (a)(1) The Director of the National Security Agency may
    authorize agency personnel within the United States to perform the
    same functions as officers and agents of the Department of Homeland
    Security, as provided in section 1315(b)(2) of title 40, United
    States Code, 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 section 1315(c)(2) of title 40,
    United States Code.
      "(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.
      "(d)(1) Notwithstanding any other provision of law, agency
    personnel designated by the Director of the National Security
    Agency under subsection (a) shall be considered for purposes of
    chapter 171 of title 28, United States Code, or any other provision
    of law relating to tort liability, to be acting within the scope of
    their office or employment when such agency personnel take
    reasonable action, which may include the use of force, to - 
        "(A) protect an individual in the presence of such agency
      personnel from a crime of violence;
        "(B) provide immediate assistance to an individual who has
      suffered or who is threatened with bodily harm; or
        "(C) prevent the escape of any individual whom such agency
      personnel reasonably believe to have committed a crime of
      violence in the presence of such agency personnel.
      "(2) Paragraph (1) shall not affect the authorities of the
    Attorney General under section 2679 of title 28, United States
    Code.
      "(3) In this subsection, the term 'crime of violence' has the
    meaning given that term in section 16 of title 18, United States
    Code. [Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14,
    1980, 94 Stat. 1978; amended Pub. L. 107-108, title V, Sec. 506,
    Dec. 28, 2001, 115 Stat. 1406; Pub. L. 107-306, title VIII, Sec.
    841(f), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108-177, title III,
    Sec. 377(c), title V, Sec. 501, Dec. 13, 2003, 117 Stat. 2630,
    2633.]
      "Sec. 12. (a)(1) The Secretary of Defense (or his designee) may
    by regulation establish a personnel system for senior civilian
    cryptologic personnel in the National Security Agency to be known
    as the Senior Cryptologic Executive Service. The regulations
    establishing the Senior Cryptologic Executive Service shall - 
        "(A) meet the requirements set forth in section 3131 of title
      5, United States Code, for the Senior Executive Service;
        "(B) provide that positions in the Senior Cryptologic Executive
      Service meet requirements that are consistent with the provisions
      of section 3132(a)(2) of such title;
        "(C) provide, without regard to section 2, rates of pay for the
      Senior Cryptologic Executive Service that are not in excess of
      the maximum rate or less than the minimum rate of basic pay
      established for the Senior Executive Service under section 5382
      of such title, and that are adjusted at the same time and to the
      same extent as rates of basic pay for the Senior Executive
      Service are adjusted;
        "(D) provide a performance appraisal system for the Senior
      Cryptologic Executive Service that conforms to the provisions of
      subchapter II of chapter 43 of such title;
        "(E) provide for removal consistent with section 3592 of such
      title, and removal or suspension consistent with subsections (a),
      (b), and (c) of section 7543 of such title (except that any
      hearing or appeal to which a member of the Senior Cryptologic
      Executive Service is entitled shall be held or decided pursuant
      to procedures established by regulations of the Secretary of
      Defense or his designee);
        "(F) permit the payment of performance awards to members of the
      Senior Cryptologic Executive Service consistent with the
      provisions applicable to performance awards under section 5384 of
      such title;
        "(G) provide that members of the Senior Cryptologic Executive
      Service may be granted sabbatical leaves consistent with the
      provisions of section 3396(c) of such title.[;] and
        "(H) provide for the recertification of members of the Senior
      Cryptologic Executive Service consistent with the provisions of
      section 3393a of such title.
      "(2) Except as otherwise provided in subsection (a), the
    Secretary of Defense (or his designee) may - 
        "(A) make applicable to the Senior Cryptologic Executive
      Service any of the provisions of title 5, United States Code,
      applicable to applicants for or members of the Senior Executive
      Service; and
        "(B) appoint, promote, and assign individuals to positions
      established within the Senior Cryptologic Executive Service
      without regard to the provisions of title 5, United States Code,
      governing appointments and other personnel actions in the
      competitive service.
      "(3) The President, based on the recommendations of the Secretary
    of Defense, may award ranks to members of the Senior Cryptologic
    Executive Service in a manner consistent with the provisions of
    section 4507 of title 5, United States Code.
      "(4) Notwithstanding any other provision of this section, the
    Director of the National Security Agency may detail or assign any
    member of the Senior Cryptologic Executive Service to serve in a
    position outside the National Security Agency in which the member's
    expertise and experience may be of benefit to the National Security
    Agency or another Government agency. Any such member shall not by
    reason of such detail or assignment lose any entitlement or status
    associated with membership in the Senior Cryptologic Executive
    Service.
      [Amended Pub. L. 104-106, div. A, title X, Sec. 1064(b), Feb. 10,
    1996, 110 Stat. 445.]
      [Amended Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989,
    103 Stat. 1759. Amendment by Pub. L. 101-194 effective Jan. 1,
    1991, see section 506(d) of Pub. L. 101-194, set out as an
    Effective Date of 1989 Amendment note under section 3151 of Title
    5, Government Organization and Employees.]
      "Sec. 13. (a) The Director of the National Security Agency may
    make grants to private individuals and institutions for the conduct
    of cryptologic research. An application for a grant under this
    section may not be approved unless the Director determines that the
    award of the grant would be clearly consistent with the national
    security.
      "(b) The grant program established by subsection (a) shall be
    conducted in accordance with the Federal Grant and Cooperative
    Agreement Act of 1977 (41 U.S.C. 501 et seq.) [31 U.S.C. 6301 et
    seq.] to the extent that such Act is consistent with and in
    accordance with section 6 of this Act.
      "(c) The authority of the Director to make grants under this
    section is effective for any fiscal year only to the extent that
    appropriated funds are available for such purpose. [Added Pub. L.
    97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.]
      "Sec. 14. Funds appropriated to an entity of the Federal
    Government other than an element of the Department of Defense that
    have been specifically appropriated for the purchase of cryptologic
    equipment, materials, or services with respect to which the
    National Security Agency has been designated as the central source
    of procurement for the Government shall remain available for a
    period of three fiscal years. [Added Pub. L. 97-89, title VI, Sec.
    603, Dec. 4, 1981, 95 Stat. 1156.]
      "Sec. 15. (a) No person may, except with the written permission
    of the Director of the National Security Agency, knowingly use the
    words 'National Security Agency', the initials 'NSA', the seal of
    the National Security Agency, or any colorable imitation of such
    words, initials, or seal in connection with any merchandise,
    impersonation, solicitation, or commercial activity in a manner
    reasonably calculated to convey the impression that such use is
    approved, endorsed, or authorized by the National Security Agency.
      "(b) Whenever it appears to the Attorney General that any person
    is engaged or is about to engage in an act or practice which
    constitutes or will constitute conduct prohibited by subsection
    (a), the Attorney General may initiate a civil proceeding in a
    district court of the United States to enjoin such act or practice.
    Such court shall proceed as soon as practicable to the hearing and
    determination of such action and may, at any time before final
    determination, enter such restraining orders or prohibitions, or
    take such other action as is warranted, to prevent injury to the
    United States or to any person or class of persons for whose
    protection the action is brought. [Added Pub. L. 97-89, title VI,
    Sec. 603, Dec. 4, 1981, 95 Stat. 1156.]
      "Sec. 16. (a) The purpose of this section is to establish an
    undergraduate training program, which may lead to the baccalaureate
    degree, to facilitate the recruitment of individuals, particularly
    minority high school students, with a demonstrated capability to
    develop skills critical to the mission of the National Security
    Agency, including mathematics, computer science, engineering, and
    foreign languages.
      "(b) The Secretary of Defense is authorized, in his discretion,
    to assign civilian employees of the National Security Agency as
    students at accredited professional, technical, and other
    institutions of higher learning for training at the undergraduate
    level in skills critical to effective performance of the mission of
    the Agency.
      "(c) The National Security Agency may pay, directly or by
    reimbursement to employees, expenses incident to assignments under
    subsection (b), in any fiscal year only to the extent that
    appropriated funds are available for such purpose.
      "(d)(1) To be eligible for assignment under subsection (b), an
    employee of the Agency must agree in writing - 
        "(A) to continue in the service of the Agency for the period of
      the assignment and to complete the educational course of training
      for which the employee is assigned;
        "(B) to continue in the service of the Agency following
      completion of the assignment for a period of one-and-a-half years
      for each year of the assignment or part thereof;
        "(C) to reimburse the United States for the total cost of
      education (excluding the employee's pay and allowances) provided
      under this section to the employee if, prior to the employee's
      completing the educational course of training for which the
      employee is assigned, the assignment or the employee's employment
      with the Agency is terminated either by the Agency due to
      misconduct by the employee or by the employee voluntarily; and
        "(D) to reimburse the United States if, after completing the
      educational course of training for which the employee is
      assigned, the employee's employment with the Agency is terminated
      either by the Agency due to misconduct by the employee or by the
      employee voluntarily, prior to the employee's completion of the
      service obligation period described in subparagraph (B), in an
      amount that bears the same ratio to the total cost of the
      education (excluding the employee's pay and allowances) provided
      to the employee as the unserved portion of the service obligation
      period described in subparagraph (B) bears to the total period of
      the service obligation described in subparagraph (B).
      "(2) Subject to paragraph (3), the obligation to reimburse the
    United States under an agreement described in paragraph (1),
    including interest due on such obligation, is for all purposes a
    debt owing the United States.
      "(3)(A) A discharge in bankruptcy under title 11, United States
    Code, shall not release a person from an obligation to reimburse
    the United States required under an agreement described in
    paragraph (1) if the final decree of the discharge in bankruptcy is
    issued within five years after the last day of the combined period
    of service obligation described in subparagraphs (A) and (B) of
    paragraph (1).
      "(B) The Secretary of Defense may release a person, in whole or
    in part, from the obligation to reimburse the United States under
    an agreement described in paragraph (1) when, in his discretion,
    the Secretary determines that equity or the interests of the United
    States so require.
      "(C) The Secretary of Defense shall permit an employee assigned
    under this section who, prior to commencing a second academic year
    of such assignment, voluntarily terminates the assignment or the
    employee's employment with the Agency, to satisfy his obligation
    under an agreement described in paragraph (1) to reimburse the
    United States by reimbursement according to a schedule of monthly
    payments which results in completion of reimbursement by a date
    five years after the date of termination of the assignment or
    employment or earlier at the option of the employee.
      "(e)(1) When an employee is assigned under this section to an
    institution, the Agency shall disclose to the institution to which
    the employee is assigned that the Agency employs the employee and
    that the Agency funds the employee's education.
      "(2) Agency efforts to recruit individuals at educational
    institutions for participation in the undergraduate training
    program established by this section shall be made openly and
    according to the common practices of universities and employers
    recruiting at such institutions.
      "(f) Chapter 41 of title 5 and subsections (a) and (b) of section
    3324 of title 31, United States Code, shall not apply with respect
    to this section.
      "(g) The Secretary of Defense may issue such regulations as may
    be necessary to implement this section. [Added Pub. L. 99-569,
    title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200.]
      "[Sec. 17. Repealed. Pub. L. 103-359, title VIII, Sec. 806(b)(2),
    Oct. 14, 1994, 108 Stat. 3442.]
      "Sec. 18. (a) The Secretary of Defense may pay the expenses
    referred to in section 5742(b) of title 5, United States Code, in
    the case of any employee of the National Security Agency who dies
    while on a rotational tour of duty within the United States or
    while in transit to or from such tour of duty.
      "(b) For the purposes of this section, the term 'rotational tour
    of duty', with respect to an employee, means a permanent change of
    station involving the transfer of the employee from the National
    Security Agency headquarters to another post of duty for a fixed
    period established by regulation to be followed at the end of such
    period by a permanent change of station involving a transfer of the
    employee back to such headquarters. [Added Pub. L. 102-183, title
    IV, Sec. 405, Dec. 4, 1991, 105 Stat. 1267; amended Pub. L. 102-
    496, title III, Sec. 304(a), Oct. 24, 1992, 106 Stat. 3183.]
      "Sec. 19. (a) There is established the National Security Agency
    Emerging Technologies Panel. The Panel is a standing panel of the
    National Security Agency. The Panel shall be appointed by, and
    shall report directly to, the Director of the National Security
    Agency.
      "(b) The Panel shall study and assess, and periodically advise
    the Director on, the research, development, and application of
    existing and emerging science and technology advances, advances in
    encryption, and other topics.
      "(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
    apply with respect to the Panel." [Added Pub. L. 108-487, title V,
    Sec. 501, Dec. 23, 2004, 118 Stat. 3950.]
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]


-EXEC-
                         EXECUTIVE ORDER NO. 10483                     
      Ex. Ord. No. 10483, Sept. 2, 1953, 18 F.R. 5379, as amended by
    Ex. Ord. No. 10598, Feb. 28, 1955, 20 F.R. 1237, which provided for
    an Operations Coordinating Board, was superseded by Ex. Ord. No.
    10700, Feb. 25, 1957, formerly set out below.

                         EXECUTIVE ORDER NO. 10700                     
      Ex. Ord. No. 10700, Feb. 25, 1957, 22 F.R. 1111, as amended by
    Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,
    Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. 10838, Sept. 16, 1959, 24
    F.R. 7519, which provided for the Operations Coordinating Board,
    was revoked by Ex. Ord. No. 10920, Feb. 18, 1961, 26 F.R. 1463.

     EX. ORD. NO. 13228. ESTABLISHING THE OFFICE OF HOMELAND SECURITY
                     AND THE HOMELAND SECURITY COUNCIL
      Ex. Ord. No. 13228, Oct. 8, 2001, 66 F.R. 51812, as amended by
    Ex. Ord. No. 13284, Sec. 3, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord.
    No. 13286, Sec. 8, Feb. 28, 2003, 68 F.R. 10622, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, it is hereby ordered
    as follows:
      Section 1. Establishment. I hereby establish within the Executive
    Office of the President an Office of Homeland Security (the
    "Office") to be headed by the Assistant to the President for
    Homeland Security.
      Sec. 2. Mission. The mission of the Office shall be to develop
    and coordinate the implementation of a comprehensive national
    strategy to secure the United States from terrorist threats or
    attacks. The Office shall perform the functions necessary to carry
    out this mission, including the functions specified in section 3 of
    this order.
      Sec. 3. Functions. The functions of the Office shall be to
    coordinate the executive branch's efforts to detect, prepare for,
    prevent, protect against, respond to, and recover from terrorist
    attacks within the United States.
      (a) National Strategy. The Office shall work with executive
    departments and agencies, State and local governments, and private
    entities to ensure the adequacy of the national strategy for
    detecting, preparing for, preventing, protecting against,
    responding to, and recovering from terrorist threats or attacks
    within the United States and shall periodically review and
    coordinate revisions to that strategy as necessary.
      (b) Detection. The Office shall identify priorities and
    coordinate efforts for collection and analysis of information
    within the United States regarding threats of terrorism against the
    United States and activities of terrorists or terrorist groups
    within the United States. The Office also shall identify, in
    coordination with the Assistant to the President for National
    Security Affairs, priorities for collection of intelligence outside
    the United States regarding threats of terrorism within the United
    States.
        (i) In performing these functions, the Office shall work with
      Federal, State, and local agencies, as appropriate, to:
          (A) facilitate collection from State and local governments
        and private entities of information pertaining to terrorist
        threats or activities within the United States;
          (B) coordinate and prioritize the requirements for foreign
        intelligence relating to terrorism within the United States of
        executive departments and agencies responsible for homeland
        security and provide these requirements and priorities to the
        Director of Central Intelligence and other agencies responsible
        for collection of foreign intelligence;
          (C) coordinate efforts to ensure that all executive
        departments and agencies that have intelligence collection
        responsibilities have sufficient technological capabilities and
        resources to collect intelligence and data relating to
        terrorist activities or possible terrorist acts within the
        United States, working with the Assistant to the President for
        National Security Affairs, as appropriate;
          (D) coordinate development of monitoring protocols and
        equipment for use in detecting the release of biological,
        chemical, and radiological hazards; and
          (E) ensure that, to the extent permitted by law, all
        appropriate and necessary intelligence and law enforcement
        information relating to homeland security is disseminated to
        and exchanged among appropriate executive departments and
        agencies responsible for homeland security and, where
        appropriate for reasons of homeland security, promote exchange
        of such information with and among State and local governments
        and private entities.
        (ii) Executive departments and agencies shall, to the extent
      permitted by law, make available to the Office all information
      relating to terrorist threats and activities within the United
      States.
      (c) Preparedness. The Office of Homeland Security shall
    coordinate national efforts to prepare for and mitigate the
    consequences of terrorist threats or attacks within the United
    States. In performing this function, the Office shall work with
    Federal, State, and local agencies, and private entities, as
    appropriate, to:
        (i) review and assess the adequacy of the portions of all
      Federal emergency response plans that pertain to terrorist
      threats or attacks within the United States;
        (ii) coordinate domestic exercises and simulations designed to
      assess and practice systems that would be called upon to respond
      to a terrorist threat or attack within the United States and
      coordinate programs and activities for training Federal, State,
      and local employees who would be called upon to respond to such a
      threat or attack;
        (iii) coordinate national efforts to ensure public health
      preparedness for a terrorist attack, including reviewing
      vaccination policies and reviewing the adequacy of and, if
      necessary, increasing vaccine and pharmaceutical stockpiles and
      hospital capacity;
        (iv) coordinate Federal assistance to State and local
      authorities and nongovernmental organizations to prepare for and
      respond to terrorist threats or attacks within the United States;
        (v) ensure that national preparedness programs and activities
      for terrorist threats or attacks are developed and are regularly
      evaluated under appropriate standards and that resources are
      allocated to improving and sustaining preparedness based on such
      evaluations; and
        (vi) ensure the readiness and coordinated deployment of Federal
      response teams to respond to terrorist threats or attacks,
      working with the Assistant to the President for National Security
      Affairs, when appropriate.
      (d) Prevention. The Office shall coordinate efforts to prevent
    terrorist attacks within the United States. In performing this
    function, the Office shall work with Federal, State, and local
    agencies, and private entities, as appropriate, to:
        (i) facilitate the exchange of information among such agencies
      relating to immigration and visa matters and shipments of cargo;
      and, working with the Assistant to the President for National
      Security Affairs, ensure coordination among such agencies to
      prevent the entry of terrorists and terrorist materials and
      supplies into the United States and facilitate removal of such
      terrorists from the United States, when appropriate;
        (ii) coordinate efforts to investigate terrorist threats and
      attacks within the United States; and
        (iii) coordinate efforts to improve the security of United
      States borders, territorial waters, and airspace in order to
      prevent acts of terrorism within the United States, working with
      the Assistant to the President for National Security Affairs,
      when appropriate.
      (e) Protection. The Office shall coordinate efforts to protect
    the United States and its critical infrastructure from the
    consequences of terrorist attacks. In performing this function, the
    Office shall work with Federal, State, and local agencies, and
    private entities, as appropriate, to:
        (i) strengthen measures for protecting energy production,
      transmission, and distribution services and critical facilities;
      other utilities; telecommunications; facilities that produce,
      use, store, or dispose of nuclear material; and other critical
      infrastructure services and critical facilities within the United
      States from terrorist attack;
        (ii) coordinate efforts to protect critical public and
      privately owned information systems within the United States from
      terrorist attack;
        (iii) develop criteria for reviewing whether appropriate
      security measures are in place at major public and privately
      owned facilities within the United States;
        (iv) coordinate domestic efforts to ensure that special events
      determined by appropriate senior officials to have national
      significance are protected from terrorist attack;
        (v) coordinate efforts to protect transportation systems within
      the United States, including railways, highways, shipping, ports
      and waterways, and airports and civilian aircraft, from terrorist
      attack;
        (vi) coordinate efforts to protect United States livestock,
      agriculture, and systems for the provision of water and food for
      human use and consumption from terrorist attack; and
        (vii) coordinate efforts to prevent unauthorized access to,
      development of, and unlawful importation into the United States
      of, chemical, biological, radiological, nuclear, explosive, or
      other related materials that have the potential to be used in
      terrorist attacks.
      (f) Response and Recovery. The Office shall coordinate efforts to
    respond to and promote recovery from terrorist threats or attacks
    within the United States. In performing this function, the Office
    shall work with Federal, State, and local agencies, and private
    entities, as appropriate, to:
        (i) coordinate efforts to ensure rapid restoration of
      transportation systems, energy production, transmission, and
      distribution systems; telecommunications; other utilities; and
      other critical infrastructure facilities after disruption by a
      terrorist threat or attack;
        (ii) coordinate efforts to ensure rapid restoration of public
      and private critical information systems after disruption by a
      terrorist threat or attack;
        (iii) work with the National Economic Council to coordinate
      efforts to stabilize United States financial markets after a
      terrorist threat or attack and manage the immediate economic and
      financial consequences of the incident;
        (iv) coordinate Federal plans and programs to provide medical,
      financial, and other assistance to victims of terrorist attacks
      and their families; and
        (v) coordinate containment and removal of biological, chemical,
      radiological, explosive, or other hazardous materials in the
      event of a terrorist threat or attack involving such hazards and
      coordinate efforts to mitigate the effects of such an attack.
      (g) Incident Management. Consistent with applicable law,
    including the statutory functions of the Secretary of Homeland
    Security, the Assistant to the President for Homeland Security
    shall be the official primarily responsible for advising and
    assisting the President in the coordination of domestic incident
    management activities of all departments and agencies in the event
    of a terrorist threat, and during and in the aftermath of terrorist
    attacks, major disasters, or other emergencies, within the United
    States. Generally, the Assistant to the President for Homeland
    Security shall serve as the principal point of contact for and to
    the President with respect to the coordination of such activities.
    The Assistant to the President for Homeland Security shall
    coordinate with the Assistant to the President for National
    Security Affairs, as appropriate.
      (h) Continuity of Government. The Assistant to the President for
    Homeland Security, in coordination with the Assistant to the
    President for National Security Affairs, shall review plans and
    preparations for ensuring the continuity of the Federal Government
    in the event of a terrorist attack that threatens the safety and
    security of the United States Government or its leadership.
      (i) Public Affairs. The Office, subject to the direction of the
    White House Office of Communications, shall coordinate the strategy
    of the executive branch for communicating with the public in the
    event of a terrorist threat or attack within the United States. The
    Office also shall coordinate the development of programs for
    educating the public about the nature of terrorist threats and
    appropriate precautions and responses.
      (j) Cooperation with State and Local Governments and Private
    Entities. The Office shall encourage and invite the participation
    of State and local governments and private entities, as
    appropriate, in carrying out the Office's functions.
      (k) Review of Legal Authorities and Development of Legislative
    Proposals. The Office shall coordinate a periodic review and
    assessment of the legal authorities available to executive
    departments and agencies to permit them to perform the functions
    described in this order. When the Office determines that such legal
    authorities are inadequate, the Office shall develop, in
    consultation with executive departments and agencies, proposals for
    presidential action and legislative proposals for submission to the
    Office of Management and Budget to enhance the ability of executive
    departments and agencies to perform those functions. The Office
    shall work with State and local governments in assessing the
    adequacy of their legal authorities to permit them to detect,
    prepare for, prevent, protect against, and recover from terrorist
    threats and attacks.
      (l) Budget Review. The Assistant to the President for Homeland
    Security, in consultation with the Director of the Office of
    Management and Budget (the "Director") and the heads of executive
    departments and agencies, shall identify programs that contribute
    to the Administration's strategy for homeland security and, in the
    development of the President's annual budget submission, shall
    review and provide advice to the heads of departments and agencies
    for such programs. The Assistant to the President for Homeland
    Security shall provide advice to the Director on the level and use
    of funding in departments and agencies for homeland security-
    related activities and, prior to the Director's forwarding of the
    proposed annual budget submission to the President for transmittal
    to the Congress, shall certify to the Director the funding levels
    that the Assistant to the President for Homeland Security believes
    are necessary and appropriate for the homeland security-related
    activities of the executive branch.
      Sec. 4. Administration.
      (a) The Office of Homeland Security shall be directed by the
    Assistant to the President for Homeland Security.
      (b) The Office of Administration within the Executive Office of
    the President shall provide the Office of Homeland Security with
    such personnel, funding, and administrative support, to the extent
    permitted by law and subject to the availability of appropriations,
    as directed by the Chief of Staff to carry out the provisions of
    this order.
      (c) Heads of executive departments and agencies are authorized,
    to the extent permitted by law, to detail or assign personnel of
    such departments and agencies to the Office of Homeland Security
    upon request of the Assistant to the President for Homeland
    Security, subject to the approval of the Chief of Staff.
      Sec. 5. Establishment of Homeland Security Council.
      (a) I hereby establish a Homeland Security Council (the
    "Council"), which shall be responsible for advising and assisting
    the President with respect to all aspects of homeland security. The
    Council shall serve as the mechanism for ensuring coordination of
    homeland security-related activities of executive departments and
    agencies and effective development and implementation of homeland
    security policies.
      (b) The Council shall have as its members the President, the Vice
    President, the Secretary of the Treasury, the Secretary of Defense,
    the Attorney General, the Secretary of Health and Human Services,
    the Secretary of Transportation, the Secretary of Homeland
    Security, the Director of the Federal Emergency Management Agency,
    the Director of the Federal Bureau of Investigation, the Director
    of Central Intelligence, the Assistant to the President for
    Homeland Security, and such other officers of the executive branch
    as the President may from time to time designate. The Chief of
    Staff, the Chief of Staff to the Vice President, the Assistant to
    the President for National Security Affairs, the Counsel to the
    President, and the Director of the Office of Management and Budget
    also are invited to attend any Council meeting. The Secretary of
    State, the Secretary of Agriculture, the Secretary of the Interior,
    the Secretary of Energy, the Secretary of Labor, the Secretary of
    Commerce, the Secretary of Veterans Affairs, the Administrator of
    the Environmental Protection Agency, the Assistant to the President
    for Economic Policy, and the Assistant to the President for
    Domestic Policy shall be invited to attend meetings pertaining to
    their responsibilities. The heads of other executive departments
    and agencies and other senior officials shall be invited to attend
    Council meetings when appropriate.
      (c) The Council shall meet at the President's direction. When the
    President is absent from a meeting of the Council, at the
    President's direction the Vice President may preside. The Assistant
    to the President for Homeland Security shall be responsible, at the
    President's direction, for determining the agenda, ensuring that
    necessary papers are prepared, and recording Council actions and
    Presidential decisions.
      Sec. 6. Original Classification Authority. I hereby delegate the
    authority to classify information originally as Top Secret, in
    accordance with Executive Order 12958 [50 U.S.C. 435 note] or any
    successor Executive Order, to the Assistant to the President for
    Homeland Security.
      Sec. 7. Continuing Authorities. This order does not alter the
    existing authorities of United States Government departments and
    agencies, including the Department of Homeland Security. All
    executive departments and agencies are directed to assist the
    Council and the Assistant to the President for Homeland Security in
    carrying out the purposes of this order.
      Sec. 8. General Provisions.
      (a) This order does not create any right or benefit, substantive
    or procedural, enforceable at law or equity by a party against the
    United States, its departments, agencies or instrumentalities, its
    officers or employees, or any other person.
      (b) References in this order to State and local governments shall
    be construed to include tribal governments and United States
    territories and other possessions.
      (c) References to the "United States" shall be construed to
    include United States territories and possessions.
      Sec. 9. [Amended Ex. Ord. No. 12656, set out as a note under
    section 5195 of this title.]
                                                         George W. Bush.

                         EXECUTIVE ORDER NO. 13260                     
      Ex. Ord. No. 13260, Mar. 19, 2002, 67 F.R. 13241, as amended by
    Ex. Ord. No. 13286, Sec. 4, Feb. 28, 2003, 68 F.R. 10619, which
    established the President's Homeland Security Advisory Council and
    Senior Advisory Committees for Homeland Security, was revoked by
    Ex. Ord. No. 13286, Sec. 4, Feb. 28, 2003, 68 F.R. 10619, eff. Mar.
    31, 2003.

-FOOTNOTE-
    (!1) So in original. Another subsec. (i) is set out after subsec.
         (j).

    (!2) So in original. Probably should be "(k)".


-End-



-CITE-
    50 USC Sec. 402-1                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 402-1. Joint Intelligence Community Council

-STATUTE-
    (a) Joint Intelligence Community Council
      There is a Joint Intelligence Community Council.
    (b) Membership
      The Joint Intelligence Community Council shall consist of the
    following:
        (1) The Director of National Intelligence, who shall chair the
      Council.
        (2) The Secretary of State.
        (3) The Secretary of the Treasury.
        (4) The Secretary of Defense.
        (5) The Attorney General.
        (6) The Secretary of Energy.
        (7) The Secretary of Homeland Security.
        (8) Such other officers of the United States Government as the
      President may designate from time to time.
    (c) Functions
      The Joint Intelligence Community Council shall assist the
    Director of National Intelligence in developing and implementing a
    joint, unified national intelligence effort to protect national
    security by - 
        (1) advising the Director on establishing requirements,
      developing budgets, financial management, and monitoring and
      evaluating the performance of the intelligence community, and on
      such other matters as the Director may request; and
        (2) ensuring the timely execution of programs, policies, and
      directives established or developed by the Director.
    (d) Meetings
      The Director of National Intelligence shall convene regular
    meetings of the Joint Intelligence Community Council.
    (e) Advice and opinions of members other than Chairman
      (1) A member of the Joint Intelligence Community Council (other
    than the Chairman) may submit to the Chairman advice or an opinion
    in disagreement with, or advice or an opinion in addition to, the
    advice presented by the Director of National Intelligence to the
    President or the National Security Council, in the role of the
    Chairman as Chairman of the Joint Intelligence Community Council.
    If a member submits such advice or opinion, the Chairman shall
    present the advice or opinion of such member at the same time the
    Chairman presents the advice of the Chairman to the President or
    the National Security Council, as the case may be.
      (2) The Chairman shall establish procedures to ensure that the
    presentation of the advice of the Chairman to the President or the
    National Security Council is not unduly delayed by reason of the
    submission of the individual advice or opinion of another member of
    the Council.
    (f) Recommendations to Congress
      Any member of the Joint Intelligence Community Council may make
    such recommendations to Congress relating to the intelligence
    community as such member considers appropriate.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 101A, as added Pub. L. 108-
    458, title I, Sec. 1031, Dec. 17, 2004, 118 Stat. 3677.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 402a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 402a. Coordination of counterintelligence activities

-STATUTE-
    (a) Establishment of Counterintelligence Policy Board
      There is established within the executive branch of Government a
    National Counterintelligence Policy Board (in this section referred
    to as the "Board"). The Board shall report to the President through
    the National Security Council.
    (b) Chairperson
      The National Counterintelligence Executive under section 902 of
    the Counterintelligence Enhancement Act of 2002 [50 U.S.C. 402b]
    shall serve as the chairperson of the Board.
    (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.
    (d) Functions and discharge of functions
      (1) The Board shall - 
        (A) serve as the principal mechanism for - 
          (i) developing policies and procedures for the approval of
        the President to govern the conduct of counterintelligence
        activities; and
          (ii) upon the direction of the President, resolving conflicts
        that arise between elements of the Government conducting such
        activities; and

        (B) act as an interagency working group to - 
          (i) ensure the discussion and review of matters relating to
        the implementation of the Counterintelligence Enhancement Act
        of 2002; and
          (ii) provide advice to the National Counterintelligence
        Executive on priorities in the implementation of the National
        Counterintelligence Strategy produced by the Office of the
        National Counterintelligence Executive under section 904(e)(2)
        of that Act [50 U.S.C. 402c(e)(2)].

      (2) The Board may, for purposes of carrying out its functions
    under this section, establish such interagency boards and working
    groups as the Board considers appropriate.
    (e) Coordination of counterintelligence matters with Federal Bureau
      of Investigation
      (1) Except as provided in paragraph (5), the head of each
    department or agency within the executive branch shall ensure that -
     
        (A) the Federal Bureau of Investigation is advised immediately
      of any information, regardless of its origin, which indicates
      that classified information is being, or may have been, disclosed
      in an unauthorized manner to a foreign power or an agent of a
      foreign power;
        (B) following a report made pursuant to subparagraph (A), the
      Federal Bureau of Investigation is consulted with respect to all
      subsequent actions which may be undertaken by the department or
      agency concerned to determine the source of such loss or
      compromise; and
        (C) where, after appropriate consultation with the department
      or agency concerned, the Federal Bureau of Investigation
      undertakes investigative activities to determine the source of
      the loss or compromise, the Federal Bureau of Investigation is
      given complete and timely access to the employees and records of
      the department or agency concerned for purposes of such
      investigative activities.

      (2) Except as provided in paragraph (5), the Director of the
    Federal Bureau of Investigation shall ensure that espionage
    information obtained by the Federal Bureau of Investigation
    pertaining to the personnel, operations, or information of
    departments or agencies of the executive branch, is provided
    through appropriate channels in a timely manner to the department
    or agency concerned, and that such departments or agencies are
    consulted in a timely manner with respect to espionage
    investigations undertaken by the Federal Bureau of Investigation
    which involve the personnel, operations, or information of such
    department or agency.
      (3)(A) The Director of the Federal Bureau of Investigation shall
    submit to the head of the department or agency concerned a written
    assessment of the potential impact of the actions of the department
    or agency on a counterintelligence investigation.
      (B) The head of the department or agency concerned shall - 
        (i) use an assessment under subparagraph (A) as an aid in
      determining whether, and under what circumstances, the subject of
      an investigation under paragraph (1) should be left in place for
      investigative purposes; and
        (ii) notify in writing the Director of the Federal Bureau of
      Investigation of such determination.

      (C) The Director of the Federal Bureau of Investigation and the
    head of the department or agency concerned shall continue to
    consult, as appropriate, to review the status of an investigation
    covered by this paragraph, and to reassess, as appropriate, a
    determination of the head of the department or agency concerned to
    leave a subject in place for investigative purposes.
      (4)(A) The Federal Bureau of Investigation shall notify
    appropriate officials within the executive branch, including the
    head of the department or agency concerned, of the commencement of
    a full field espionage investigation with respect to an employee
    within the executive branch.
      (B) A department or agency may not conduct a polygraph
    examination, interrogate, or otherwise take any action that is
    likely to alert an employee covered by a notice under subparagraph
    (A) of an investigation described in that subparagraph without
    prior coordination and consultation with the Federal Bureau of
    Investigation.
      (5) Where essential to meet extraordinary circumstances affecting
    vital national security interests of the United States, the
    President may on a case-by-case basis waive the requirements of
    paragraph (1), (2), or (3), as they apply to the head of a
    particular department or agency, or the Director of the Federal
    Bureau of Investigation. Such waiver shall be in writing and shall
    fully state the justification for such waiver. Within thirty days,
    the President shall notify the Select Committee on Intelligence of
    the Senate and the Permanent Select Committee on Intelligence of
    the House of Representatives that such waiver has been issued, and
    at that time or as soon as national security considerations permit,
    provide these committees with a complete explanation of the
    circumstances which necessitated such waiver.
      (6) Nothing in this section may be construed to alter the
    existing jurisdictional arrangements between the Federal Bureau of
    Investigation and the Department of Defense with respect to
    investigations of persons subject to the Uniform Code of Military
    Justice, nor to impose additional reporting requirements upon the
    Department of Defense with respect to such investigations beyond
    those required by existing law and executive branch policy.
      (7) As used in this section, the terms "foreign power" and "agent
    of a foreign power" have the same meanings as set forth in sections
    (!1) 1801(a) and (b), respectively, of this title.


-SOURCE-
    (Pub. L. 103-359, title VIII, Sec. 811, Oct. 14, 1994, 108 Stat.
    3455; Pub. L. 106-120, title VI, Sec. 602, Dec. 3, 1999, 113 Stat.
    1620; Pub. L. 106-567, title VI, Sec. 605, Dec. 27, 2000, 114 Stat.
    2853; Pub. L. 107-306, title VIII, Sec. 811(b)(5)(B), title IX,
    Sec. 903, Nov. 27, 2002, 116 Stat. 2424, 2433; Pub. L. 108-177,
    title III, Sec. 361(g), Dec. 13, 2003, 117 Stat. 2625; Pub. L. 108-
    458, title I, Sec. 1071(g)(1), Dec. 17, 2004, 118 Stat. 3691.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Counterintelligence Enhancement Act of 2002, referred to in
    subsec. (d)(1)(B)(i), is title IX of Pub. L. 107-306, Nov. 27,
    2002, 116 Stat. 2432, which enacted sections 402b and 402c of this
    title, amended this section, and enacted provisions set out as a
    note under section 402b of this title. For complete classification
    of this Act to the Code, see Short Title of 2002 Amendment note set
    out under section 401 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Counterintelligence and
    Security Enhancements Act of 1994 and also as part of the
    Intelligence Authorization Act for Fiscal Year 1995, and not as
    part of the National Security Act of 1947 which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(6)(C). Pub. L. 108-458, which directed
    amendment of subsec. (c)(6)(C) by substituting "Director of
    National Intelligence" for "Director of Central Intelligence",
    could not be executed because of the amendments by Pub. L. 107-306,
    Sec. 903(a)(2), and Pub. L. 108-177. See 2002 and 2003 Amendment
    notes below.
      2003 - Subsec. (e). Pub. L. 108-177, which directed the amendment
    of subsec. (c) by redesignating pars. (7) and (8) as (6) and (7),
    respectively, and striking out former par. (6), was executed by
    making the amendment to subsec. (e) to reflect the probable intent
    of Congress and the redesignation of subsec. (c) as (e) by Pub. L.
    107-306, Sec. 903(a)(2), see below. Prior to amendment, par. (6)
    read as follows:
      "(6)(A) Not later each year than the date provided in section
    415b of this title, the Director of the Federal Bureau of
    Investigation shall submit to the congressional intelligence
    committees (as defined in section 401a of this title) a report with
    respect to compliance with paragraphs (1) and (2) during the
    previous calendar year.
      "(B) Not later than February 1 each year, the Director shall, in
    accordance with applicable security procedures, submit to the
    Committees on the Judiciary of the Senate and House of
    Representatives a report with respect to compliance with paragraphs
    (1) and (2) during the previous calendar year.
      "(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."
      2002 - Subsec. (b). Pub. L. 107-306, Sec. 903(a)(1), (3), added
    subsec. (b) and struck out heading and text of former subsec. (b).
    Text read as follows: "The Board shall serve as the principal
    mechanism for - 
        "(1) developing policies and procedures for the approval of the
      President to govern the conduct of counterintelligence
      activities; and
        "(2) resolving conflicts, as directed by the President, which
      may arise between elements of the Government which carry out such
      activities."
      Subsec. (c). Pub. L. 107-306, Sec. 903(b), added subsec. (c).
    Former subsec. (c) redesignated (e).
      Subsec. (c)(6). Pub. L. 107-306, Sec. 811(b)(5)(B), amended par.
    (6) generally. Prior to amendment, par. (6) read as follows: "The
    Director of the Federal Bureau of Investigation shall, in
    consultation with the Director of Central Intelligence and the
    Secretary of Defense, report annually, beginning on February 1,
    1995, and continuing each year thereafter, to the Select Committee
    on Intelligence of the Senate and to the Permanent Select Committee
    on Intelligence of the House of Representatives and, in accordance
    with applicable security procedures, the Committees on the
    Judiciary of the House of Representatives and the Senate with
    respect to compliance with paragraphs (1) and (2) during the
    previous calendar year."
      Subsec. (d). Pub. L. 107-306, Sec. 903(c), added subsec. (d).
      Subsec. (e). Pub. L. 107-306, Sec. 903(a)(2), redesignated
    subsec. (c) as (e).
      2000 - Subsec. (c)(1). Pub. L. 106-567, Sec. 605(a)(1),
    substituted "paragraph (5)" for "paragraph (3)".
      Subsec. (c)(2). Pub. L. 106-567, Sec. 605(a)(1), (b), substituted
    "paragraph (5)" for "paragraph (3)" and inserted "in a timely
    manner" after "through appropriate channels" and "are consulted".
      Subsec. (c)(3). Pub. L. 106-567, Sec. 605(a)(3), added par. (3).
    Former par. (3) redesignated (5).
      Subsec. (c)(4). Pub. L. 106-567, Sec. 605(a), (c), added par.
    (4). Former par. (4) redesignated (6).
      Subsec. (c)(5). Pub. L. 106-567, Sec. 605(a)(2), (4),
    redesignated par. (3) as (5) and substituted "paragraph (1), (2),
    or (3)" for "paragraph (1) or (2)". Former par. (5) redesignated
    (7).
      Subsec. (c)(6) to (8). Pub. L. 106-567, Sec. 605(a)(2),
    redesignated pars. (4) to (6) as (6) to (8), respectively.
      1999 - Subsec. (c)(2). Pub. L. 106-120 struck out "after a report
    has been provided pursuant to paragraph (1)(A)" before period at
    end.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-177 effective Dec. 31, 2003, see section
    361(n) of Pub. L. 108-177, set out as a note under section 1611 of
    Title 10, Armed Forces.

    ANNUAL REPORTS ON INTELLIGENCE ACTIVITIES OF THE PEOPLE'S REPUBLIC
                                 OF CHINA
      Pub. L. 105-107, title III, Sec. 308, Nov. 20, 1997, 111 Stat.
    2253, as amended by Pub. L. 107-306, title VIII, Sec. 811(b)(5)(D),
    Nov. 27, 2002, 116 Stat. 2424, related to annual reports to
    Congress by the Director of Central Intelligence and the Director
    of the Federal Bureau of Investigation on intelligence activities
    of the People's Republic of China directed against or affecting the
    interests of the United States, prior to repeal by Pub. L. 108-177,
    title III, Sec. 361(f), Dec. 13, 2003, 117 Stat. 2625.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-



-CITE-
    50 USC Sec. 402b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 402b. National Counterintelligence Executive

-STATUTE-
    (a) Establishment
      (1) There shall be a National Counterintelligence Executive, who
    shall be appointed by the Director of National Intelligence.
      (2) It is the sense of Congress that the Director of National
    Intelligence should seek the views of the Attorney General,
    Secretary of Defense, and Director of the Central Intelligence
    Agency 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 Director of National
    Intelligence, the duties of the National Counterintelligence
    Executive are as follows:
        (1) To carry out the mission referred to in subsection (b) of
      this section.
        (2) To act as chairperson of the National Counterintelligence
      Policy Board under section 402a of this title.
        (3) To act as head of the Office of the National
      Counterintelligence Executive under section 402c of this title.
        (4) To participate as an observer on such boards, committees,
      and entities of the executive branch as the Director of National
      Intelligence considers appropriate for the discharge of the
      mission and functions of the Executive and the Office of the
      National Counterintelligence Executive under section 402c of this
      title.

-SOURCE-
    (Pub. L. 107-306, title IX, Sec. 902, Nov. 27, 2002, 116 Stat.
    2432; Pub. L. 108-458, title I, Sec. 1072(d)(1)(B), Dec. 17, 2004,
    118 Stat. 3693.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Counterintelligence
    Enhancement Act of 2002, and also as part of the Intelligence
    Authorization Act for Fiscal Year 2003, and not as part of the
    National Security Act of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1072(d)(1)(B)(i),
    substituted "Director of National Intelligence" for "President".
      Subsec. (a)(2). Pub. L. 108-458, Sec. 1072(d)(1)(B), substituted
    "Director of National Intelligence" for "President" and "Director
    of the Central Intelligence Agency" for "Director of Central
    Intelligence".
      Subsec. (c). Pub. L. 108-458, Sec. 1072(d)(1)(B)(i), substituted
    "Director of National Intelligence" for "President" in two places.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                                  PURPOSE                              
      Pub. L. 107-306, title IX, Sec. 901(b), Nov. 27, 2002, 116 Stat.
    2432, provided that: "The purpose of this title [enacting this
    section and section 402c of this title, amending section 402a of
    this title, and enacting provisions set out as a note under section
    401 of this title] is to facilitate the enhancement of the
    counterintelligence activities of the United States Government by -
    
        "(1) enabling the counterintelligence community of the United
      States Government to fulfill better its mission of identifying,
      assessing, prioritizing, and countering the intelligence threats
      to the United States;
        "(2) ensuring that the counterintelligence community of the
      United States Government acts in an efficient and effective
      manner; and
        "(3) providing for the integration of all the
      counterintelligence activities of the United States Government."

-End-



-CITE-
    50 USC Sec. 402c                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 402c. Office of the National Counterintelligence Executive

-STATUTE-
    (a) Establishment
      There shall be an Office of the National Counterintelligence
    Executive.
    (b) Head of Office
      The National Counterintelligence Executive shall be the head of
    the Office of the National Counterintelligence Executive.
    (c) Location of Office
      The Office of the National Counterintelligence Executive shall be
    located in the Office of the Director of National 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) of this section, in consultation with
      appropriate department and agencies of the United States
      Government, and private sector entities, to produce on an annual
      basis a strategic planning assessment of the counterintelligence
      requirements of the United States to be known as the National
      Threat Identification and Prioritization Assessment.
      (2) National Counterintelligence Strategy
        Subject to subsection (f) of this section, in consultation with
      appropriate department and agencies of the United States
      Government, and private sector entities, and based on the most
      current National Threat Identification and Prioritization
      Assessment under paragraph (1), to produce on an annual basis a
      strategy for the counterintelligence programs and activities of
      the United States Government to be known as the National
      Counterintelligence Strategy.
      (3) Implementation of National Counterintelligence Strategy
        To evaluate on an ongoing basis the implementation of the
      National Counterintelligence Strategy and to submit to the
      President periodic reports on such evaluation, including a
      discussion of any shortfalls in the implementation of the
      Strategy and recommendations for remedies for such shortfalls.
      (4) National counterintelligence strategic analyses
        As directed by the Director of National 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 National Intelligence - 
          (A) to coordinate the development of budgets and resource
        allocation plans for the counterintelligence programs and
        activities of the Department of Defense, the Federal Bureau of
        Investigation, the Central Intelligence Agency, and other
        appropriate elements of the United States Government;
          (B) to ensure that the budgets and resource allocation plans
        developed under subparagraph (A) address the objectives and
        priorities for counterintelligence under the National
        Counterintelligence Strategy; and
          (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) of this section, and any
    modification of such assessment, shall not go into effect until
    approved by the President.
      (2) A National Counterintelligence Strategy under subsection
    (e)(2) of this section, and any modification of such strategy,
    shall not go into effect until approved by the President.
      (3) The National Counterintelligence Executive shall submit to
    the congressional intelligence committees each National Threat
    Identification and Prioritization Assessment, or modification
    thereof, and each National Counterintelligence Strategy, or
    modification thereof, approved under this section.
      (4) In this subsection, the term "congressional intelligence
    committees" means - 
        (A) the Select Committee on Intelligence of the Senate; and
        (B) the Permanent Select Committee on Intelligence of the House
      of Representatives.
    (g) Personnel
      (1) Personnel of the Office of the National Counterintelligence
    Executive may consist of personnel employed by the Office or
    personnel on detail from any other department, agency, or element
    of the Federal Government. Any such detail may be on a reimbursable
    or nonreimbursable basis, at the election of the head of the agency
    detailing such personnel.
      (2) Notwithstanding section 104(d) (!1) or any other provision of
    law limiting the period of the detail of personnel on a
    nonreimbursable basis, the detail of an officer or employee of
    United States or a member of the Armed Forces under paragraph (1)
    on a nonreimbursable basis may be for any period in excess of one
    year that the National Counterintelligence Executive and the head
    of the department, agency, or element concerned consider
    appropriate.

      (3) The employment of personnel by the Office, including the
    appointment, compensation and benefits, management, and separation
    of such personnel, shall be governed by the provisions of law on
    such matters with respect to the personnel of the Central
    Intelligence Agency, except that, for purposes of the applicability
    of such provisions of law to personnel of the Office, the National
    Counterintelligence Executive shall be treated as the head of the
    Office.
      (4) Positions in the Office shall be excepted service positions
    for purposes of title 5.
    (h) Support
      (1) The Attorney General, Secretary of Defense, and Director of
    National 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 National Intelligence, the Director may provide administrative
    and contract support to the Office as if the Office were an element
    of the Central Intelligence Agency.
      (3) Support provided under this subsection may be provided on a
    reimbursable or nonreimbursable basis, at the election of the
    official providing such support.
    (i) Availability of funds for reimbursement
      The National Counterintelligence Executive may, from amounts
    available for the Office, transfer to a department or agency
    detailing personnel under subsection (g) of this section, or
    providing support under subsection (h) of this section, on a
    reimbursable basis amounts appropriate to reimburse such department
    or agency for the detail of such personnel or the provision of such
    support, as the case may be.
    (j) Contracts
      (1) Subject to paragraph (2), the National Counterintelligence
    Executive may enter into any contract, lease, cooperative
    agreement, or other transaction that the Executive considers
    appropriate to carry out the functions of the Office of the
    National Counterintelligence Executive under this section.
      (2) The authority under paragraph (1) to enter into contracts,
    leases, cooperative agreements, and other transactions shall be
    subject to any terms, conditions, and limitations applicable to the
    Central Intelligence Agency under law with respect to similar
    contracts, leases, cooperative agreements, and other transactions.
    (k) Treatment of activities under certain administrative laws
      The files of the Office shall be treated as operational files of
    the Central Intelligence Agency for purposes of section 701 of the
    National Security Act of 1947 (50 U.S.C. 431) to the extent such
    files meet criteria under subsection (b) of that section for
    treatment of files as operational files of an element of the
    Agency.
    (l) Oversight by Congress
      The location of the Office of the National Counterintelligence
    Executive within the Office of the Director of National
    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 National Intelligence, the Secretary
    of Defense, the Secretary of State, the Attorney General, or the
    Director of the Federal Bureau of Investigation as provided or
    specified under the National Security Act of 1947 or under other
    provisions of law.

-SOURCE-
    (Pub. L. 107-306, title IX, Sec. 904, Nov. 27, 2002, 116 Stat.
    2434; Pub. L. 108-458, title I, Secs. 1071(g)(2)(B), 1072(d)(1)(C),
    Dec. 17, 2004, 118 Stat. 3691, 3693.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 104(d), referred to in subsec. (g)(2), is section 104(d)
    of Pub. L. 107-306, title I, Nov. 27, 2002, 116 Stat. 2387, which
    is not classified to the Code.
      The National Security Act of 1947, referred to in subsec. (m), is
    act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 401 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Counterintelligence
    Enhancement Act of 2002, and also as part of the Intelligence
    Authorization Act for Fiscal Year 2003, and not as part of the
    National Security Act of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-458, Sec. 1072(d)(1)(C)(i),
    substituted "Office of the Director of National Intelligence" for
    "Office of the Director of Central Intelligence".
      Subsec. (e)(4). Pub. L. 108-458, Sec. 1071(g)(2)(B)(i),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (e)(5). Pub. L. 108-458, Sec. 1071(g)(2)(B)(ii),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence" in introductory provisions.
      Subsec. (h)(1), (2). Pub. L. 108-458, Sec. 1071(g)(2)(B)(iii),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (l). Pub. L. 108-458, Sec. 1072(d)(1)(C)(ii), substituted
    "Office of the Director of National Intelligence" for "Office of
    the Director of Central Intelligence" in introductory provisions.
      Subsec. (m). Pub. L. 108-458, Sec. 1071(g)(2)(B)(iv), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 403                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403. Director of National Intelligence

-STATUTE-
    (a) Director of National Intelligence
      (1) There is a Director of National Intelligence who shall be
    appointed by the President, by and with the advice and consent of
    the Senate. Any individual nominated for appointment as Director of
    National Intelligence shall have extensive national security
    expertise.
      (2) The Director of National Intelligence shall not be located
    within the Executive Office of the President.
    (b) Principal responsibility
      Subject to the authority, direction, and control of the
    President, the Director of National Intelligence shall - 
        (1) serve as head of the intelligence community;
        (2) act as the principal adviser to the President, to the
      National Security Council, and the Homeland Security Council for
      intelligence matters related to the national security; and
        (3) consistent with section 1018 of the National Security
      Intelligence Reform Act of 2004, oversee and direct the
      implementation of the National Intelligence Program.
    (c) Prohibition on dual service
      The individual serving in the position of Director of National
    Intelligence shall not, while so serving, also serve as the
    Director of the Central Intelligence Agency or as the head of any
    other element of the intelligence community.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 102, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3644.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1018 of the National Security Intelligence Reform Act of
    2004, referred to in subsec. (b)(3), is section 1018 of Pub. L. 108-
    458, which is set out as a note below.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 403, act July 26, 1947, ch. 343, title I, Sec.
    102, as added and amended Pub. L. 104-293, title VIII, Secs.
    805(a), 809(a), 810, 811, Oct. 11, 1996, 110 Stat. 3477, 3481,
    3482; Pub. L. 105-107, title IV, Sec. 405, Nov. 20, 1997, 111 Stat.
    2261; Pub. L. 105-272, title III, Sec. 306, Oct. 20, 1998, 112
    Stat. 2401, related to Office of the Director of Central
    Intelligence prior to repeal by Pub. L. 108-458, title I, Secs.
    1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, effective
    not later than six months after Dec. 17, 2004, except as otherwise
    expressly provided. See section 403-4a of this title.
      Another prior section 403, acts July 26, 1947, ch. 343, title I,
    Sec. 102, 61 Stat. 497; Apr. 4, 1953, ch. 16, 67 Stat. 19; Oct. 24,
    1992, Pub. L. 102-496, title VII, Sec. 704, 106 Stat. 3189; Jan. 6,
    1996, Pub. L. 104-93, title VII, Sec. 701, 109 Stat. 977; Feb. 10,
    1996, Pub. L. 104-106, div. A, title V, Sec. 570, 110 Stat. 353,
    related to establishment of Central Intelligence Agency and
    appointment and functions of its Director and Deputy Director prior
    to repeal by Pub. L. 104-293, title VIII, Sec. 805(a), Oct. 11,
    1996, 110 Stat. 3477.

                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

       PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF
                                AUTHORITIES
      Pub. L. 108-458, title I, Sec. 1018, Dec. 17, 2004, 118 Stat.
    3670, provided that: "The President shall issue guidelines to
    ensure the effective implementation and execution within the
    executive branch of the authorities granted to the Director of
    National Intelligence by this title [see Short Title of 2004
    Amendment note set out under section 401 of this title] and the
    amendments made by this title, in a manner that respects and does
    not abrogate the statutory responsibilities of the heads of the
    departments of the United States Government concerning such
    departments, including, but not limited to:
        "(1) the authority of the Director of the Office of Management
      and Budget; and
        "(2) the authority of the principal officers of the executive
      departments as heads of their respective departments, including,
      but not limited to, under - 
          "(A) section 199 of the Revised Statutes (22 U.S.C. 2651);
          "(B) title II of the Department of Energy Organization Act
        (42 U.S.C. 7131 et seq.);
          "(C) the State Department Basic Authorities Act of 1956 [Act
        Aug. 1, 1956, ch. 841, see Tables for classification];
          "(D) section 102(a) of the Homeland Security Act of 2002 (6
        U.S.C. 112(a)); and
          "(E) sections 301 of title 5, 113(b) and 162(b) of title 10,
        503 of title 28, and 301(b) of title 31, United States Code."

        IMPROVEMENT OF EQUALITY OF EMPLOYMENT OPPORTUNITIES IN THE
                          INTELLIGENCE COMMUNITY
      Pub. L. 108-177, title III, Sec. 319, Dec. 13, 2003, 117 Stat.
    2614, as amended by Pub. L. 108-458, title I, Sec.
    1071(g)(3)(A)(iv), (B), Dec. 17, 2004, 118 Stat. 3692, provided
    that:
      "(a) Findings. - Congress makes the following findings:
        "(1) It is the recommendation of the Joint Inquiry of the
      Senate Select Committee on Intelligence and the House Permanent
      Select Committee on Intelligence into Intelligence Community
      Activities Before and After the Terrorist Attacks of September
      11, 2001, that the Intelligence Community should enhance
      recruitment of a more ethnically and culturally diverse workforce
      and devise a strategy to capitalize upon the unique cultural and
      linguistic capabilities of first generation Americans.
        "(2) The Intelligence Community could greatly benefit from an
      increased number of employees who are proficient in foreign
      languages and knowledgeable of world cultures, especially in
      foreign languages that are critical to the national security
      interests of the United States. Particular emphasis should be
      given to the recruitment of United States citizens whose
      linguistic capabilities are acutely required for the improvement
      of the overall intelligence collection and analysis effort of the
      United States Government.
        "(3) The Intelligence Community has a significantly lower
      percentage of women and minorities than the total workforce of
      the Federal government and the total civilian labor force.
        "(4) Women and minorities continue to be under-represented in
      senior grade levels, and in core mission areas, of the
      intelligence community.
      "(b) Pilot Project To Promote Equality of Employment
    Opportunities for Women and Minorities Throughout the Intelligence
    Community Using Innovative Methodologies. - The Director of
    National Intelligence shall carry out a pilot project under this
    section to test and evaluate alternative, innovative methods to
    promote equality of employment opportunities in the intelligence
    community for women, minorities, and individuals with diverse
    ethnic and cultural backgrounds, skills, language proficiency, and
    expertise.
      "(c) Methods. - In carrying out the pilot project, the Director
    shall employ methods to increase diversity of officers and
    employees in the intelligence community.
      "(d) Duration of Project. - The Director shall carry out the
    project under this section for a 3-year period.
      "(e) Report. - Not later than 2 years after the date the Director
    implements the pilot project under this section, the Director shall
    submit to Congress a report on the project. The report shall
    include - 
        "(1) an assessment of the effectiveness of the project; and
        "(2) recommendations on the continuation of the project, as
      well recommendations as for improving the effectiveness of the
      project in meeting the goals of promoting equality of employment
      opportunities in the intelligence community for women,
      minorities, and individuals with diverse ethnic and cultural
      backgrounds, skills, language proficiency, and expertise.
      "(f) Diversity Plan. - (1) Not later than February 15, 2004, the
    Director of Central Intelligence shall submit to Congress a report
    which describes the plan of the Director, entitled the 'DCI
    Diversity Strategic Plan', and any subsequent revision to that
    plan, to increase diversity of officers and employees in the
    intelligence community, including the short- and long-term goals of
    the plan. The report shall also provide a detailed description of
    the progress that has been made by each element of the intelligence
    community in implementing the plan.
      "(2) In implementing the plan, the Director of National
    Intelligence shall incorporate innovative methods for recruitment
    and hiring that the Director has determined to be effective from
    the pilot project carried out under this section.
      "(g) Intelligence Community Defined. - In this section, 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. 401(4)
    [401a(4)])."

        REPORT ON LESSONS LEARNED FROM MILITARY OPERATIONS IN IRAQ    
      Pub. L. 108-177, title III, Sec. 357, Dec. 13, 2003, 117 Stat.
    2621, as amended by Pub. L. 108-458, title I, Sec.
    1071(g)(3)(A)(vi), Dec. 17, 2004, 118 Stat. 3692, provided that:
      "(a) Report. - As soon as possible, but not later than one year
    after the date of the enactment of this Act [Dec. 13, 2003], the
    Director of National Intelligence shall submit to the appropriate
    committees of Congress a report on the intelligence lessons learned
    as a result of Operation Iraqi Freedom, including lessons relating
    to the following:
        "(1) The tasking, collection, processing, exploitation,
      analysis, and dissemination of intelligence.
        "(2) The accuracy, timeliness, and objectivity of intelligence
      analysis.
        "(3) The intelligence support available to policymakers and
      members of the Armed Forces in combat.
        "(4) The coordination of intelligence activities and operations
      with military operations.
        "(5) The strengths and limitations of intelligence systems and
      equipment.
        "(6) Such other matters as the Director considers appropriate.
      "(b) Recommendations. - The report under subsection (a) shall
    include such recommendations on improvement in the matters
    described in subsection (a) as the Director considers appropriate.
      "(c) Appropriate Committees of Congress Defined. - In this
    section, the term 'appropriate committees of Congress' means - 
        "(1) the Permanent Select Committee on Intelligence and the
      Committee on Armed Services of the House of Representatives; and
        "(2) the Select Committee on Intelligence and the Committee on
      Armed Services of the Senate."

       CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM   
      Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub.
    L. 90-539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91-185, Dec. 30,
    1969, 83 Stat. 847; Pub. L. 91-626, Secs. 1-6, Dec. 31, 1970, 84
    Stat. 1872-1874; Pub. L. 93-31, May 8, 1973, 87 Stat. 65; Pub. L.
    93-210, Sec. 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361,
    title VIII, Sec. 801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94-
    522, title I, Secs. 101, 102, title II, Secs. 201-213, Oct. 17,
    1976, 90 Stat. 2467-2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46
    F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub.
    L. 97-269, title VI, Secs. 602-611, Sept. 27, 1982, 96 Stat. 1145-
    1148, 1152-1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R.
    44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98-
    618, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99-
    169, title VII, Sec. 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99-
    335, title V, Secs. 501-506, June 6, 1986, 100 Stat. 622-624; Pub.
    L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-569,
    title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100-
    178, title IV, Secs. 401(a), 402(a), (b)(1), (2), Dec. 2, 1987,
    101 Stat. 1012-1014; Pub. L. 100-453, title III, Sec. 302(a),
    (b)(1), (c)(1), (d)(1), (2), title V, Sec. 502, Sept. 29, 1988, 102
    Stat. 1906, 1907, 1909; Pub. L. 101-193, title III, Secs. 302-
    304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 102-
    83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-88,
    title III, Secs. 302-305(a), 306-307(b), Aug. 14, 1991, 105 Stat.
    431-433; Pub. L. 102-183, title III, Secs. 302(a)-(c), 303(a), 304-
    306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262-1266;
    Pub. L. 102-496, title III, Sec. 304(b), Oct. 24, 1992, 106 Stat.
    3183, known as the Central Intelligence Agency Retirement Act of
    1964 for Certain Employees, was revised generally by Pub. L. 102-
    496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196. As so
    revised, Pub. L. 88-643, now known as the Central Intelligence
    Agency Retirement Act, has been transferred to chapter 38 (Sec.
    2001 et seq.) of this title. All notes, Executive orders, and other
    provisions relating to this Act have been transferred to section
    2001 of this title.


-EXEC-
                         EXECUTIVE ORDER NO. 10656                     
      Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which established
    the President's Board of Consultants on Foreign Intelligence
    Activities, was revoked by Ex. Ord. No. 10938, May 4, 1961, 26 F.R.
    3951, formerly set out below.

                         EXECUTIVE ORDER NO. 10938                     
      Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, which established
    the President's Foreign Intelligence Advisory Board, was revoked by
    Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, formerly set out
    below.

                         EXECUTIVE ORDER NO. 11460                     
      Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which
    established the President's Foreign Intelligence Advisory Board,
    was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set
    out below.

     EX. ORD. NO. 11984. ABOLITION OF PRESIDENT'S FOREIGN INTELLIGENCE
                              ADVISORY BOARD
      Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States of America, and as President of the
    United States of America, in order to abolish the President's
    Foreign Intelligence Advisory Board, Executive Order No. 11460 of
    March 20, 1969, is hereby revoked.
                                                           Jimmy Carter.

                         EXECUTIVE ORDER NO. 12331                     
      Ex. Ord. No. 12331, Oct. 20, 1981, 46 F.R. 51705, which
    established the President's Foreign Intelligence Advisory Board,
    was revoked by Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083,
    formerly set out below.

                         EXECUTIVE ORDER NO. 12537                     
      Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, as amended by
    Ex. Ord. No. 12624, Jan. 6, 1988, 53 F.R. 489, which established
    the President's Foreign Intelligence Advisory Board, was revoked by
    Ex. Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set
    out as a note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-1                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-1. Responsibilities and authorities of the Director of
      National Intelligence

-STATUTE-
    (a) Provision of intelligence
      (1) The Director of National Intelligence shall be responsible
    for ensuring that national intelligence is provided - 
        (A) to the President;
        (B) to the heads of departments and agencies of the executive
      branch;
        (C) to the Chairman of the Joint Chiefs of Staff and senior
      military commanders;
        (D) to the Senate and House of Representatives and the
      committees thereof; and
        (E) to such other persons as the Director of National
      Intelligence determines to be appropriate.

      (2) Such national intelligence should be timely, objective,
    independent of political considerations, and based upon all sources
    available to the intelligence community and other appropriate
    entities.
    (b) Access to intelligence
      Unless otherwise directed by the President, the Director of
    National Intelligence shall have access to all national
    intelligence and intelligence related to the national security
    which is collected by any Federal department, agency, or other
    entity, except as otherwise provided by law or, as appropriate,
    under guidelines agreed upon by the Attorney General and the
    Director of National Intelligence.
    (c) Budget authorities
      (1) With respect to budget requests and appropriations for the
    National Intelligence Program, the Director of National
    Intelligence shall - 
        (A) based on intelligence priorities set by the President,
      provide to the heads of departments containing agencies or
      organizations within the intelligence community, and to the heads
      of such agencies and organizations, guidance for developing the
      National Intelligence Program budget pertaining to such agencies
      and organizations;
        (B) based on budget proposals provided to the Director of
      National Intelligence by the heads of agencies and organizations
      within the intelligence community and the heads of their
      respective departments and, as appropriate, after obtaining the
      advice of the Joint Intelligence Community Council, develop and
      determine an annual consolidated National Intelligence Program
      budget; and
        (C) present such consolidated National Intelligence Program
      budget, together with any comments from the heads of departments
      containing agencies or organizations within the intelligence
      community, to the President for approval.

      (2) In addition to the information provided under paragraph
    (1)(B), the heads of agencies and organizations within the
    intelligence community shall provide the Director of National
    Intelligence such other information as the Director shall request
    for the purpose of determining the annual consolidated National
    Intelligence Program budget under that paragraph.
      (3)(A) The Director of National Intelligence shall participate in
    the development by the Secretary of Defense of the annual budgets
    for the Joint Military Intelligence Program and for Tactical
    Intelligence and Related Activities.
      (B) The Director of National Intelligence shall provide guidance
    for the development of the annual budget for each element of the
    intelligence community that is not within the National Intelligence
    Program.
      (4) The Director of National Intelligence shall ensure the
    effective execution of the annual budget for intelligence and
    intelligence-related activities.
      (5)(A) The Director of National Intelligence shall be responsible
    for managing appropriations for the National Intelligence Program
    by directing the allotment or allocation of such appropriations
    through the heads of the departments containing agencies or
    organizations within the intelligence community and the Director of
    the Central Intelligence Agency, with prior notice (including the
    provision of appropriate supporting information) to the head of the
    department containing an agency or organization receiving any such
    allocation or allotment or the Director of the Central Intelligence
    Agency.
      (B) Notwithstanding any other provision of law, pursuant to
    relevant appropriations Acts for the National Intelligence Program,
    the Director of the Office of Management and Budget shall exercise
    the authority of the Director of the Office of Management and
    Budget to apportion funds, at the exclusive direction of the
    Director of National Intelligence, for allocation to the elements
    of the intelligence community through the relevant host executive
    departments and the Central Intelligence Agency. Department
    comptrollers or appropriate budget execution officers shall allot,
    allocate, reprogram, or transfer funds appropriated for the
    National Intelligence Program in an expeditious manner.
      (C) The Director of National Intelligence shall monitor the
    implementation and execution of the National Intelligence Program
    by the heads of the elements of the intelligence community that
    manage programs and activities that are part of the National
    Intelligence Program, which may include audits and evaluations.
      (6) Apportionment and allotment of funds under this subsection
    shall be subject to chapter 13 and section 1517 of title 31 and the
    Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.
    621 et seq.).
      (7)(A) The Director of National Intelligence shall provide a semi-
    annual report, beginning April 1, 2005, and ending April 1, 2007,
    to the President and the Congress regarding implementation of this
    section.
      (B) The Director of National Intelligence shall report to the
    President and the Congress not later than 15 days after learning of
    any instance in which a departmental comptroller acts in a manner
    inconsistent with the law (including permanent statutes,
    authorization Acts, and appropriations Acts), or the direction of
    the Director of National Intelligence, in carrying out the National
    Intelligence Program.
    (d) Role of Director of National Intelligence in transfer and
      reprogramming of funds
      (1)(A) No funds made available under the National Intelligence
    Program may be transferred or reprogrammed without the prior
    approval of the Director of National Intelligence, except in
    accordance with procedures prescribed by the Director of National
    Intelligence.
      (B) The Secretary of Defense shall consult with the Director of
    National Intelligence before transferring or reprogramming funds
    made available under the Joint Military Intelligence Program.
      (2) Subject to the succeeding provisions of this subsection, the
    Director of National Intelligence may transfer or reprogram funds
    appropriated for a program within the National Intelligence Program
    to another such program.
      (3) The Director of National Intelligence may only transfer or
    reprogram funds referred to in subparagraph (A) -  (!1)

        (A) with the approval of the Director of the Office of
      Management and Budget; and
        (B) after consultation with the heads of departments containing
      agencies or organizations within the intelligence community to
      the extent such agencies or organizations are affected, and, in
      the case of the Central Intelligence Agency, after consultation
      with the Director of the Central Intelligence Agency.

      (4) The amounts available for transfer or reprogramming in the
    National Intelligence Program in any given fiscal year, and the
    terms and conditions governing such transfers and reprogrammings,
    are subject to the provisions of annual appropriations Acts and
    this subsection.
      (5)(A) A transfer or reprogramming of funds or personnel may be
    made under this subsection only if - 
        (i) the funds are being transferred to an activity that is a
      higher priority intelligence activity;
        (ii) the transfer or reprogramming supports an emergent need,
      improves program effectiveness, or increases efficiency;
        (iii) the transfer or reprogramming does not involve a transfer
      or reprogramming of funds to a Reserve for Contingencies of the
      Director of National Intelligence or the Reserve for
      Contingencies of the Central Intelligence Agency;
        (iv) the transfer or reprogramming results in a cumulative
      transfer or reprogramming of funds out of any department or
      agency, as appropriate, funded in the National Intelligence
      Program in a single fiscal year - 
          (I) that is less than $150,000,000, and
          (II) that is less than 5 percent of amounts available to a
        department or agency under the National Intelligence Program;
        and

        (v) the transfer or reprogramming does not terminate an
      acquisition program.

      (B) A transfer or reprogramming may be made without regard to a
    limitation set forth in clause (iv) or (v) of subparagraph (A) if
    the transfer has the concurrence of the head of the department
    involved or the Director of the Central Intelligence Agency (in the
    case of the Central Intelligence Agency). The authority to provide
    such concurrence may only be delegated by the head of the
    department or agency involved to the deputy of such officer.
      (6) Funds transferred or reprogrammed under this subsection shall
    remain available for the same period as the appropriations account
    to which transferred or reprogrammed.
      (7) Any transfer or reprogramming of funds under this subsection
    shall be carried out in accordance with existing procedures
    applicable to reprogramming notifications for the appropriate
    congressional committees. Any proposed transfer or reprogramming
    for which notice is given to the appropriate congressional
    committees shall be accompanied by a report explaining the nature
    of the proposed transfer or reprogramming and how it satisfies the
    requirements of this subsection. In addition, the congressional
    intelligence committees shall be promptly notified of any transfer
    or reprogramming of funds made pursuant to this subsection in any
    case in which the transfer or reprogramming would not have
    otherwise required reprogramming notification under procedures in
    effect as of December 17, 2004.
    (e) Transfer of personnel
      (1)(A) In addition to any other authorities available under law
    for such purposes, in the first twelve months after establishment
    of a new national intelligence center, the Director of National
    Intelligence, with the approval of the Director of the Office of
    Management and Budget and in consultation with the congressional
    committees of jurisdiction referred to in subparagraph (B), may
    transfer not more than 100 personnel authorized for elements of the
    intelligence community to such center.
      (B) The Director of National Intelligence shall promptly provide
    notice of any transfer of personnel made pursuant to this paragraph
    to - 
        (i) the congressional intelligence committees;
        (ii) the Committees on Appropriations of the Senate and the
      House of Representatives;
        (iii) in the case of the transfer of personnel to or from the
      Department of Defense, the Committees on Armed Services of the
      Senate and the House of Representatives; and
        (iv) in the case of the transfer of personnel to or from the
      Department of Justice, to the Committees on the Judiciary of the
      Senate and the House of Representatives.

      (C) The Director shall include in any notice under subparagraph
    (B) an explanation of the nature of the transfer and how it
    satisfies the requirements of this subsection.
      (2)(A) The Director of National Intelligence, with the approval
    of the Director of the Office of Management and Budget and in
    accordance with procedures to be developed by the Director of
    National Intelligence and the heads of the departments and agencies
    concerned, may transfer personnel authorized for an element of the
    intelligence community to another such element for a period of not
    more than 2 years.
      (B) A transfer of personnel may be made under this paragraph only
    if - 
        (i) the personnel are being transferred to an activity that is
      a higher priority intelligence activity; and
        (ii) the transfer supports an emergent need, improves program
      effectiveness, or increases efficiency.

      (C) The Director of National Intelligence shall promptly provide
    notice of any transfer of personnel made pursuant to this paragraph
    to - 
        (i) the congressional intelligence committees;
        (ii) in the case of the transfer of personnel to or from the
      Department of Defense, the Committees on Armed Services of the
      Senate and the House of Representatives; and
        (iii) in the case of the transfer of personnel to or from the
      Department of Justice, to the Committees on the Judiciary of the
      Senate and the House of Representatives.

      (D) The Director shall include in any notice under subparagraph
    (C) an explanation of the nature of the transfer and how it
    satisfies the requirements of this paragraph.
      (3) It is the sense of Congress that - 
        (A) the nature of the national security threats facing the
      United States will continue to challenge the intelligence
      community to respond rapidly and flexibly to bring analytic
      resources to bear against emerging and unforeseen requirements;
        (B) both the Office of the Director of National Intelligence
      and any analytic centers determined to be necessary should be
      fully and properly supported with appropriate levels of personnel
      resources and that the President's yearly budget requests
      adequately support those needs; and
        (C) the President should utilize all legal and administrative
      discretion to ensure that the Director of National Intelligence
      and all other elements of the intelligence community have the
      necessary resources and procedures to respond promptly and
      effectively to emerging and unforeseen national security
      challenges.
    (f) Tasking and other authorities
      (1)(A) The Director of National Intelligence shall - 
        (i) establish objectives, priorities, and guidance for the
      intelligence community to ensure timely and effective collection,
      processing, analysis, and dissemination (including access by
      users to collected data consistent with applicable law and, as
      appropriate, the guidelines referred to in subsection (b) of this
      section and analytic products generated by or within the
      intelligence community) of national intelligence;
        (ii) determine requirements and priorities for, and manage and
      direct the tasking of, collection, analysis, production, and
      dissemination of national intelligence by elements of the
      intelligence community, including - 
          (I) approving requirements (including those requirements
        responding to needs provided by consumers) for collection and
        analysis; and
          (II) resolving conflicts in collection requirements and in
        the tasking of national collection assets of the elements of
        the intelligence community; and

        (iii) provide advisory tasking to intelligence elements of
      those agencies and departments not within the National
      Intelligence Program.

      (B) The authority of the Director of National Intelligence under
    subparagraph (A) shall not apply - 
        (i) insofar as the President so directs;
        (ii) with respect to clause (ii) of subparagraph (A), insofar
      as the Secretary of Defense exercises tasking authority under
      plans or arrangements agreed upon by the Secretary of Defense and
      the Director of National Intelligence; or
        (iii) to the direct dissemination of information to State
      government and local government officials and private sector
      entities pursuant to sections 121 and 482 of title 6.

      (2) The Director of National Intelligence shall oversee the
    National Counterterrorism Center and may establish such other
    national intelligence centers as the Director determines necessary.
      (3)(A) The Director of National Intelligence shall prescribe, in
    consultation with the heads of other agencies or elements of the
    intelligence community, and the heads of their respective
    departments, personnel policies and programs applicable to the
    intelligence community that - 
        (i) encourage and facilitate assignments and details of
      personnel to national intelligence centers, and between elements
      of the intelligence community;
        (ii) set standards for education, training, and career
      development of personnel of the intelligence community;
        (iii) encourage and facilitate the recruitment and retention by
      the intelligence community of highly qualified individuals for
      the effective conduct of intelligence activities;
        (iv) ensure that the personnel of the intelligence community
      are sufficiently diverse for purposes of the collection and
      analysis of intelligence through the recruitment and training of
      women, minorities, and individuals with diverse ethnic, cultural,
      and linguistic backgrounds;
        (v) make service in more than one element of the intelligence
      community a condition of promotion to such positions within the
      intelligence community as the Director shall specify; and
        (vi) ensure the effective management of intelligence community
      personnel who are responsible for intelligence community-wide
      matters.

      (B) Policies prescribed under subparagraph (A) shall not be
    inconsistent with the personnel policies otherwise applicable to
    members of the uniformed services.
      (4) The Director of National Intelligence shall ensure compliance
    with the Constitution and laws of the United States by the Central
    Intelligence Agency and shall ensure such compliance by other
    elements of the intelligence community through the host executive
    departments that manage the programs and activities that are part
    of the National Intelligence Program.
      (5) The Director of National Intelligence shall ensure the
    elimination of waste and unnecessary duplication within the
    intelligence community.
      (6) The Director of National Intelligence shall establish
    requirements and priorities for foreign intelligence information to
    be collected under the Foreign Intelligence Surveillance Act of
    1978 (50 U.S.C. 1801 et seq.), and provide assistance to the
    Attorney General to ensure that information derived from electronic
    surveillance or physical searches under that Act is disseminated so
    it may be used efficiently and effectively for national
    intelligence purposes, except that the Director shall have no
    authority to direct or undertake electronic surveillance or
    physical search operations pursuant to that Act unless authorized
    by statute or Executive order.
      (7) The Director of National Intelligence shall perform such
    other functions as the President may direct.
      (8) Nothing in this subchapter shall be construed as affecting
    the role of the Department of Justice or the Attorney General under
    the Foreign Intelligence Surveillance Act of 1978.
    (g) Intelligence information sharing
      (1) The Director of National Intelligence shall have principal
    authority to ensure maximum availability of and access to
    intelligence information within the intelligence community
    consistent with national security requirements. The Director of
    National Intelligence shall - 
        (A) establish uniform security standards and procedures;
        (B) establish common information technology standards,
      protocols, and interfaces;
        (C) ensure development of information technology systems that
      include multi-level security and intelligence integration
      capabilities;
        (D) establish policies and procedures to resolve conflicts
      between the need to share intelligence information and the need
      to protect intelligence sources and methods;
        (E) develop an enterprise architecture for the intelligence
      community and ensure that elements of the intelligence community
      comply with such architecture; and
        (F) have procurement approval authority over all enterprise
      architecture-related information technology items funded in the
      National Intelligence Program.

      (2) The President shall ensure that the Director of National
    Intelligence has all necessary support and authorities to fully and
    effectively implement paragraph (1).
      (3) Except as otherwise directed by the President or with the
    specific written agreement of the head of the department or agency
    in question, a Federal agency or official shall not be considered
    to have met any obligation to provide any information, report,
    assessment, or other material (including unevaluated intelligence
    information) to that department or agency solely by virtue of
    having provided that information, report, assessment, or other
    material to the Director of National Intelligence or the National
    Counterterrorism Center.
      (4) Not later than February 1 of each year, the Director of
    National Intelligence shall submit to the President and to the
    Congress an annual report that identifies any statute, regulation,
    policy, or practice that the Director believes impedes the ability
    of the Director to fully and effectively implement paragraph (1).
    (h) Analysis
      To ensure the most accurate analysis of intelligence is derived
    from all sources to support national security needs, the Director
    of National Intelligence shall - 
        (1) implement policies and procedures - 
          (A) to encourage sound analytic methods and tradecraft
        throughout the elements of the intelligence community;
          (B) to ensure that analysis is based upon all sources
        available; and
          (C) to ensure that the elements of the intelligence community
        regularly conduct competitive analysis of analytic products,
        whether such products are produced by or disseminated to such
        elements;

        (2) ensure that resource allocation for intelligence analysis
      is appropriately proportional to resource allocation for
      intelligence collection systems and operations in order to
      maximize analysis of all collected data;
        (3) ensure that differences in analytic judgment are fully
      considered and brought to the attention of policymakers; and
        (4) ensure that sufficient relationships are established
      between intelligence collectors and analysts to facilitate
      greater understanding of the needs of analysts.
    (i) Protection of intelligence sources and methods
      (1) The Director of National Intelligence shall protect
    intelligence sources and methods from unauthorized disclosure.
      (2) Consistent with paragraph (1), in order to maximize the
    dissemination of intelligence, the Director of National
    Intelligence shall establish and implement guidelines for the
    intelligence community for the following purposes:
        (A) Classification of information under applicable law,
      Executive orders, or other Presidential directives.
        (B) Access to and dissemination of intelligence, both in final
      form and in the form when initially gathered.
        (C) Preparation of intelligence products in such a way that
      source information is removed to allow for dissemination at the
      lowest level of classification possible or in unclassified form
      to the extent practicable.

      (3) The Director may only delegate a duty or authority given the
    Director under this subsection to the Principal Deputy Director of
    National Intelligence.
    (j) Uniform procedures for sensitive compartmented information
      The Director of National Intelligence, subject to the direction
    of the President, shall - 
        (1) establish uniform standards and procedures for the grant of
      access to sensitive compartmented information to any officer or
      employee of any agency or department of the United States and to
      employees of contractors of those agencies or departments;
        (2) ensure the consistent implementation of those standards and
      procedures throughout such agencies and departments;
        (3) ensure that security clearances granted by individual
      elements of the intelligence community are recognized by all
      elements of the intelligence community, and under contracts
      entered into by those agencies; and
        (4) ensure that the process for investigation and adjudication
      of an application for access to sensitive compartmented
      information is performed in the most expeditious manner possible
      consistent with applicable standards for national security.
    (k) Coordination with foreign governments
      Under the direction of the President and in a manner consistent
    with section 3927 of title 22, the Director of National
    Intelligence shall oversee the coordination of the relationships
    between elements of the intelligence community and the intelligence
    or security services of foreign governments or international
    organizations on all matters involving intelligence related to the
    national security or involving intelligence acquired through
    clandestine means.
    (l) Enhanced personnel management
      (1)(A) The Director of National Intelligence shall, under
    regulations prescribed by the Director, provide incentives for
    personnel of elements of the intelligence community to serve - 
        (i) on the staff of the Director of National Intelligence;
        (ii) on the staff of the national intelligence centers;
        (iii) on the staff of the National Counterterrorism Center; and
        (iv) in other positions in support of the intelligence
      community management functions of the Director.

      (B) Incentives under subparagraph (A) may include financial
    incentives, bonuses, and such other awards and incentives as the
    Director considers appropriate.
      (2)(A) Notwithstanding any other provision of law, the personnel
    of an element of the intelligence community who are assigned or
    detailed under paragraph (1)(A) to service under the Director of
    National Intelligence shall be promoted at rates equivalent to or
    better than personnel of such element who are not so assigned or
    detailed.
      (B) The Director may prescribe regulations to carry out this
    section.
      (3)(A) The Director of National Intelligence shall prescribe
    mechanisms to facilitate the rotation of personnel of the
    intelligence community through various elements of the intelligence
    community in the course of their careers in order to facilitate the
    widest possible understanding by such personnel of the variety of
    intelligence requirements, methods, users, and capabilities.
      (B) The mechanisms prescribed under subparagraph (A) may include
    the following:
        (i) The establishment of special occupational categories
      involving service, over the course of a career, in more than one
      element of the intelligence community.
        (ii) The provision of rewards for service in positions
      undertaking analysis and planning of operations involving two or
      more elements of the intelligence community.
        (iii) The establishment of requirements for education,
      training, service, and evaluation for service involving more than
      one element of the intelligence community.

      (C) It is the sense of Congress that the mechanisms prescribed
    under this subsection should, to the extent practical, seek to
    duplicate for civilian personnel within the intelligence community
    the joint officer management policies established by chapter 38 of
    title 10 and the other amendments made by title IV of the Goldwater-
    Nichols Department of Defense Reorganization Act of 1986 (Public
    Law 99-433).
      (4)(A) Except as provided in subparagraph (B) and subparagraph
    (D), this subsection shall not apply with respect to personnel of
    the elements of the intelligence community who are members of the
    uniformed services.
      (B) Mechanisms that establish requirements for education and
    training pursuant to paragraph (3)(B)(iii) may apply with respect
    to members of the uniformed services who are assigned to an element
    of the intelligence community funded through the National
    Intelligence Program, but such mechanisms shall not be inconsistent
    with personnel policies and education and training requirements
    otherwise applicable to members of the uniformed services.
      (C) The personnel policies and programs developed and implemented
    under this subsection with respect to law enforcement officers (as
    that term is defined in section 5541(3) of title 5) shall not
    affect the ability of law enforcement entities to conduct
    operations or, through the applicable chain of command, to control
    the activities of such law enforcement officers.
      (D) Assignment to the Office of the Director of National
    Intelligence of commissioned officers of the Armed Forces shall be
    considered a joint-duty assignment for purposes of the joint
    officer management policies prescribed by chapter 38 of title 10
    and other provisions of that title.
    (m) Additional authority with respect to personnel
      (1) In addition to the authorities under subsection (f)(3) of
    this section, the Director of National Intelligence may exercise
    with respect to the personnel of the Office of the Director of
    National Intelligence any authority of the Director of the Central
    Intelligence Agency with respect to the personnel of the Central
    Intelligence Agency under the Central Intelligence Agency Act of
    1949 (50 U.S.C. 403a et seq.), and other applicable provisions of
    law, as of December 17, 2004, to the same extent, and subject to
    the same conditions and limitations, that the Director of the
    Central Intelligence Agency may exercise such authority with
    respect to personnel of the Central Intelligence Agency.
      (2) Employees and applicants for employment of the Office of the
    Director of National Intelligence shall have the same rights and
    protections under the Office of the Director of National
    Intelligence as employees of the Central Intelligence Agency have
    under the Central Intelligence Agency Act of 1949 [50 U.S.C. 403a
    et seq.], and other applicable provisions of law, as of December
    17, 2004.
    (n) Acquisition authorities
      (1) In carrying out the responsibilities and authorities under
    this section, the Director of National Intelligence may exercise
    the acquisition and appropriations authorities referred to in the
    Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.)
    other than the authorities referred to in section 8(b) of that Act
    (50 U.S.C. 403j(b)).
      (2) For the purpose of the exercise of any authority referred to
    in paragraph (1), a reference to the head of an agency shall be
    deemed to be a reference to the Director of National Intelligence
    or the Principal Deputy Director of National Intelligence.
      (3)(A) Any determination or decision to be made under an
    authority referred to in paragraph (1) by the head of an agency may
    be made with respect to individual purchases and contracts or with
    respect to classes of purchases or contracts, and shall be final.
      (B) Except as provided in subparagraph (C), the Director of
    National Intelligence or the Principal Deputy Director of National
    Intelligence may, in such official's discretion, delegate to any
    officer or other official of the Office of the Director of National
    Intelligence any authority to make a determination or decision as
    the head of the agency under an authority referred to in paragraph
    (1).
      (C) The limitations and conditions set forth in section 3(d) of
    the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d))
    shall apply to the exercise by the Director of National
    Intelligence of an authority referred to in paragraph (1).
      (D) Each determination or decision required by an authority
    referred to in the second sentence of section 3(d) of the Central
    Intelligence Agency Act of 1949 [50 U.S.C. 403c(d)] shall be based
    upon written findings made by the official making such
    determination or decision, which findings shall be final and shall
    be available within the Office of the Director of National
    Intelligence for a period of at least six years following the date
    of such determination or decision.
    (o) Consideration of views of elements of intelligence community
      In carrying out the duties and responsibilities under this
    section, the Director of National Intelligence shall take into
    account the views of a head of a department containing an element
    of the intelligence community and of the Director of the Central
    Intelligence Agency.
    (p) Responsibility of Director of National Intelligence regarding
      National Intelligence Program budget concerning the Department of
      Defense
      Subject to the direction of the President, the Director of
    National Intelligence shall, after consultation with the Secretary
    of Defense, ensure that the National Intelligence Program budgets
    for the elements of the intelligence community that are within the
    Department of Defense are adequate to satisfy the national
    intelligence needs of the Department of Defense, including the
    needs of the Chairman of the Joint Chiefs of Staff and the
    commanders of the unified and specified commands, and wherever such
    elements are performing Government-wide functions, the needs of
    other Federal departments and agencies.
    (q) Acquisitions of major systems
      (1) For each intelligence program within the National
    Intelligence Program for the acquisition of a major system, the
    Director of National Intelligence shall - 
        (A) require the development and implementation of a program
      management plan that includes cost, schedule, and performance
      goals and program milestone criteria, except that with respect to
      Department of Defense programs the Director shall consult with
      the Secretary of Defense;
        (B) serve as exclusive milestone decision authority, except
      that with respect to Department of Defense programs the Director
      shall serve as milestone decision authority jointly with the
      Secretary of Defense or the designee of the Secretary; and
        (C) periodically - 
          (i) review and assess the progress made toward the
        achievement of the goals and milestones established in such
        plan; and
          (ii) submit to Congress a report on the results of such
        review and assessment.

      (2) If the Director of National Intelligence and the Secretary of
    Defense are unable to reach an agreement on a milestone decision
    under paragraph (1)(B), the President shall resolve the conflict.
      (3) Nothing in this subsection may be construed to limit the
    authority of the Director of National Intelligence to delegate to
    any other official any authority to perform the responsibilities of
    the Director under this subsection.
      (4) In this subsection:
        (A) The term "intelligence program", with respect to the
      acquisition of a major system, means a program that - 
          (i) is carried out to acquire such major system for an
        element of the intelligence community; and
          (ii) is funded in whole out of amounts available for the
        National Intelligence Program.

        (B) The term "major system" has the meaning given such term in
      section 403(9) of title 41.
    (r) Performance of common services
      The Director of National Intelligence shall, in consultation with
    the heads of departments and agencies of the United States
    Government containing elements within the intelligence community
    and with the Director of the Central Intelligence Agency,
    coordinate the performance by the elements of the intelligence
    community within the National Intelligence Program of such services
    as are of common concern to the intelligence community, which
    services the Director of National Intelligence determines can be
    more efficiently accomplished in a consolidated manner.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 102A, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3644.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Congressional Budget and Impoundment Control Act of 1974,
    referred to in subsec. (c)(6), is Pub. L. 93-344, July 12, 1974, 88
    Stat. 297, as amended. For complete classification of this Act to
    the Code, see Short Title note set out under section 621 of Title
    2, The Congress, and Tables.
      The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (f)(6), (8), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat.
    1783, as amended, which is classified principally to chapter 36
    (Sec. 1801 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1801 of this title and Tables.
      This subchapter, referred to in subsec. (f)(8), was in the
    original "this title", meaning title I of act July 26, 1947, ch.
    343, 61 Stat. 496, as amended, which is classified generally to
    this subchapter. For complete classification of title I to the
    Code, see Tables.
      The Goldwater-Nichols Department of Defense Reorganization Act of
    1986, referred to in subsec. (l)(3)(C), is Pub. L. 99-433, Oct. 1,
    1986, 100 Stat. 992, as amended. For complete classification of
    this Act to the Code, see Short Title of 1986 Amendment note set
    out under section 111 of Title 10, Armed Forces, and Tables.
      The Central Intelligence Agency Act of 1949, referred to in
    subsecs. (m) and (n)(1), is act June 20, 1949, ch. 227, 63 Stat.
    208, as amended, which is classified generally to section 403a et
    seq. of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 403a of this title
    and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 403-1, act July 26, 1947, ch. 343, title I, Sec.
    102A, as added Pub. L. 104-293, title VIII, Sec. 805(b), Oct. 11,
    1996, 110 Stat. 3479, provided there is a Central Intelligence
    Agency and described its function prior to repeal by Pub. L. 108-
    458, title I, Secs. 1011(a), 1097(a), Dec. 17, 2004, 118 Stat.
    3643, 3698, effective not later than six months after Dec. 17,
    2004, except as otherwise expressly provided. See section 403-4 of
    this title.
      Another prior section 403-1, act July 26, 1947, ch. 343, title I,
    Sec. 102a, as added Dec. 9, 1983, Pub. L. 98-215, title IV, Sec.
    403, 97 Stat. 1477, related to appointment of Director of the
    Intelligence Community Staff prior to repeal by Pub. L. 102-496,
    title VII, Sec. 705(a)(1), Oct. 24, 1992, 106 Stat. 3190.

                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

    JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF
                  DEFENSE AND CENTRAL INTELLIGENCE AGENCY
      Pub. L. 108-458, title I, Sec. 1013, Dec. 17, 2004, 118 Stat.
    3662, provided that:
      "(a) Development of Procedures. - The Director of National
    Intelligence, in consultation with the Secretary of Defense and the
    Director of the Central Intelligence Agency, shall develop joint
    procedures to be used by the Department of Defense and the Central
    Intelligence Agency to improve the coordination and deconfliction
    of operations that involve elements of both the Armed Forces and
    the Central Intelligence Agency consistent with national security
    and the protection of human intelligence sources and methods. Those
    procedures shall, at a minimum, provide the following:
        "(1) Methods by which the Director of the Central Intelligence
      Agency and the Secretary of Defense can improve communication and
      coordination in the planning, execution, and sustainment of
      operations, including, as a minimum - 
          "(A) information exchange between senior officials of the
        Central Intelligence Agency and senior officers and officials
        of the Department of Defense when planning for such an
        operation commences by either organization; and
          "(B) exchange of information between the Secretary and the
        Director of the Central Intelligence Agency to ensure that
        senior operational officials in both the Department of Defense
        and the Central Intelligence Agency have knowledge of the
        existence of the ongoing operations of the other.
        "(2) When appropriate, in cases where the Department of Defense
      and the Central Intelligence Agency are conducting separate
      missions in the same geographical area, a mutual agreement on the
      tactical and strategic objectives for the region and a clear
      delineation of operational responsibilities to prevent conflict
      and duplication of effort.
      "(b) Implementation Report. - Not later than 180 days after the
    date of the enactment of the Act [Dec. 17, 2004], the Director of
    National Intelligence shall submit to the congressional defense
    committees (as defined in section 101 of title 10, United States
    Code) and the congressional intelligence committees (as defined in
    section 3(7) of the National Security Act of 1947 (50 U.S.C.
    401a(7))) a report describing the procedures established pursuant
    to subsection (a) and the status of the implementation of those
    procedures."

    ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY
      Pub. L. 108-458, title I, Sec. 1017, Dec. 17, 2004, 118 Stat.
    3670, provided that:
      "(a) In General. - Not later than 180 days after the effective
    date of this Act [probably means the effective date of title I of
    Pub. L. 108-458, see Effective Date of 2004 Amendment; Transition
    Provisions note set out under section 401 of this title], the
    Director of National Intelligence shall establish a process and
    assign an individual or entity the responsibility for ensuring
    that, as appropriate, elements of the intelligence community
    conduct alternative analysis (commonly referred to as 'red-team
    analysis') of the information and conclusions in intelligence
    products.
      "(b) Report. - Not later than 270 days after the effective date
    of this Act, the Director of National Intelligence shall provide a
    report to the Select Committee on Intelligence of the Senate and
    the Permanent Select Committee of the House of Representatives on
    the implementation of subsection (a)."

        REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNITY OF
                         OPEN-SOURCE INTELLIGENCE
      Pub. L. 108-458, title I, Sec. 1052(b), Dec. 17, 2004, 118 Stat.
    3683, provided that: "The Director of National Intelligence shall
    ensure that the intelligence community makes efficient and
    effective use of open-source information and analysis."

           ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL EFFORTS       
      Pub. L. 108-458, title VII, Sec. 7201(e), Dec. 17, 2004, 118
    Stat. 3813, provided that:
      "(1) In general. - The Director of National Intelligence shall
    significantly increase resources and personnel to the small
    classified program that collects and analyzes intelligence on
    terrorist travel.
      "(2) Authorization of appropriations. - There are authorized to
    be appropriated for each of the fiscal years 2005 through 2009 such
    sums as may be necessary to carry out this subsection."

     INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION
                            AND ANALYSIS CENTER
      Pub. L. 108-458, title VIII, Sec. 8101, Dec. 17, 2004, 118 Stat.
    3864, provided that:
      "(a) In General. - The Director of National Intelligence shall
    establish a formal relationship, including information sharing,
    between the elements of the intelligence community and the National
    Infrastructure Simulation and Analysis Center.
      "(b) Purpose. - The purpose of the relationship under subsection
    (a) shall be to permit the intelligence community to take full
    advantage of the capabilities of the National Infrastructure
    Simulation and Analysis Center, particularly vulnerability and
    consequence analysis, for real time response to reported threats
    and long term planning for projected threats."

      PILOT PROGRAM ON ANALYSIS OF SIGNALS AND OTHER INTELLIGENCE BY
       INTELLIGENCE ANALYSTS OF VARIOUS ELEMENTS OF THE INTELLIGENCE
                                 COMMUNITY
      Pub. L. 108-177, title III, Sec. 317, Dec. 13, 2003, 117 Stat.
    2611, as amended by Pub. L. 108-458, title I, Secs.
    1071(g)(3)(A)(i), (ii), 1072(d)(2)(A), Dec. 17, 2004, 118 Stat.
    3692, 3693, provided that:
      "(a) In General. - The Director of National Intelligence shall,
    in coordination with the Secretary of Defense, carry out a pilot
    program to assess the feasibility and advisability of permitting
    intelligence analysts of various elements of the intelligence
    community to access and analyze intelligence from the databases of
    other elements of the intelligence community in order to achieve
    the objectives set forth in subsection (c).
      "(b) Covered Intelligence. - The intelligence to be analyzed
    under the pilot program under subsection (a) shall include the
    following:
        "(1) Signals intelligence of the National Security Agency.
        "(2) Such intelligence of other elements of the intelligence
      community as the Director shall select for purposes of the pilot
      program.
      "(c) Objectives. - The objectives set forth in this subsection
    are as follows:
        "(1) To enhance the capacity of the intelligence community to
      undertake 'all source fusion' analysis in support of the
      intelligence and intelligence-related missions of the
      intelligence community.
        "(2) To reduce, to the extent possible, the amount of
      intelligence collected by the intelligence community that is not
      assessed, or reviewed, by intelligence analysts.
        "(3) To reduce the burdens imposed on analytical personnel of
      the elements of the intelligence community by current practices
      regarding the sharing of intelligence among elements of the
      intelligence community.
      "(d) Commencement. - The Director shall commence the pilot
    program under subsection (a) not later than December 31, 2003.
      "(e) Various Mechanisms Required. - In carrying out the pilot
    program under subsection (a), the Director shall develop and
    utilize various mechanisms to facilitate the access to, and the
    analysis of, intelligence in the databases of the intelligence
    community by intelligence analysts of other elements of the
    intelligence community, including the use of so-called 'detailees
    in place'.
      "(f) Security. - (1) In carrying out the pilot program under
    subsection (a), the Director shall take appropriate actions to
    protect against the disclosure and unauthorized use of intelligence
    in the databases of the elements of the intelligence community
    which may endanger sources and methods which (as determined by the
    Director) warrant protection.
      "(2) The actions taken under paragraph (1) shall include the
    provision of training on the accessing and handling of information
    in the databases of various elements of the intelligence community
    and the establishment of limitations on access to information in
    such databases regarding United States persons.
      "(g) Assessment. - Not later than February 1, 2004, after the
    commencement under subsection (d) of the pilot program under
    subsection (a), the Under Secretary of Defense for Intelligence and
    the Deputy Director of National Intelligence shall jointly carry
    out an assessment of the progress of the pilot program in meeting
    the objectives set forth in subsection (c).
      "(h) Report. - (1) The Director of National Intelligence shall,
    in coordination with the Secretary of Defense, submit to the
    appropriate committees of Congress a report on the assessment
    carried out under subsection (g).
      "(2) The report shall include - 
        "(A) a description of the pilot program under subsection (a);
        "(B) the findings of the Under Secretary and Assistant Director
      [Deputy Director of National Intelligence] as a result of the
      assessment;
        "(C) any recommendations regarding the pilot program that the
      Under Secretary and the Deputy Director of National Intelligence
      jointly consider appropriate in light of the assessment; and
        "(D) any recommendations that the Director and Secretary
      consider appropriate for purposes of the report.
      "(i) Appropriate Committees of Congress Defined. - In this
    section, the term 'appropriate committees of Congress' means - 
        "(1) the Select Committee on Intelligence, the Committee on
      Armed Services, and the Committee on Appropriations of the
      Senate; and
        "(2) the Permanent Select Committee on Intelligence, the
      Committee on Armed Services, and the Committee on Appropriations
      of the House of Representatives."

       STANDARDIZED TRANSLITERATION OF NAMES INTO THE ROMAN ALPHABET   
      Pub. L. 107-306, title III, Sec. 352, Nov. 27, 2002, 116 Stat.
    2401, as amended by Pub. L. 108-458, title I, Sec. 1071(g)(2)(D),
    Dec. 17, 2004, 118 Stat. 3691, provided that:
      "(a) Method of Transliteration Required. - Not later than 180
    days after the date of the enactment of this Act [Nov. 27, 2002],
    the Director of Central Intelligence shall provide for a
    standardized method for transliterating into the Roman alphabet
    personal and place names originally rendered in any language that
    uses an alphabet other than the Roman alphabet.
      "(b) Use by Intelligence Community. - The Director of National
    Intelligence shall ensure the use of the method established under
    subsection (a) in - 
        "(1) all communications among the elements of the intelligence
      community; and
        "(2) all intelligence products of the intelligence community."

     STANDARDS FOR SPELLING OF FOREIGN NAMES AND PLACES AND FOR USE OF
                          GEOGRAPHIC COORDINATES
      Pub. L. 105-107, title III, Sec. 309, Nov. 20, 1997, 111 Stat.
    2253, provided that:
      "(a) Survey of Current Standards. - 
        "(1) Survey. - The Director of Central Intelligence shall carry
      out a survey of current standards for the spelling of foreign
      names and places, and the use of geographic coordinates for such
      places, among the elements of the intelligence community.
        "(2) Report. - Not later than 90 days after the date of
      enactment of this Act [Nov. 20, 1997], the Director shall submit
      to the congressional intelligence committees a report on the
      survey carried out under paragraph (1). The report shall be
      submitted in unclassified form, but may include a classified
      annex.
      "(b) Guidelines. - 
        "(1) Issuance. - Not later than 180 days after the date of
      enactment of this Act, the Director shall issue guidelines to
      ensure the use of uniform spelling of foreign names and places
      and the uniform use of geographic coordinates for such places.
      The guidelines shall apply to all intelligence reports,
      intelligence products, and intelligence databases prepared and
      utilized by the elements of the intelligence community.
        "(2) Basis. - The guidelines under paragraph (1) shall, to the
      maximum extent practicable, be based on current United States
      Government standards for the transliteration of foreign names,
      standards for foreign place names developed by the Board on
      Geographic Names, and a standard set of geographic coordinates.
        "(3) Submittal to congress. - The Director shall submit a copy
      of the guidelines to the congressional intelligence committees.
      "(c) Congressional Intelligence Committees Defined. - In this
    section, the term 'congressional intelligence committees' means the
    following:
        "(1) The Select Committee on Intelligence of the Senate.
        "(2) The Permanent Select Committee on Intelligence of the
      House of Representatives."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]

                     PERIODIC REPORTS ON EXPENDITURES                 
      Pub. L. 104-293, Sec. 807(c), Oct. 11, 1996, 110 Stat. 3480,
    provided that: "Not later than January 1, 1997, the Director of
    Central Intelligence and the Secretary of Defense shall prescribe
    guidelines to ensure prompt reporting to the Director and the
    Secretary on a periodic basis of budget execution data for all
    national, defense-wide, and tactical intelligence activities."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]

                         DATABASE PROGRAM TRACKING                     
      Pub. L. 104-293, title VIII, Sec. 807(d), Oct. 11, 1996, 110
    Stat. 3481, provided that: "Not later than January 1, 1999, the
    Director of Central Intelligence and the Secretary of Defense shall
    develop and implement a database to provide timely and accurate
    information on the amounts, purposes, and status of the resources,
    including periodic budget execution updates, for all national,
    defense-wide, and tactical intelligence activities."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]

       IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE INTELLIGENCE
                                  BUDGET
      Pub. L. 103-359, title VI, Sec. 603, Oct. 14, 1994, 108 Stat.
    3433, provided that: "The Director of Central Intelligence shall
    include the same level of budgetary detail for the Base Budget that
    is provided for Ongoing Initiatives and New Initiatives to the
    Permanent Select Committee on Intelligence of the House of
    Representatives and the Select Committee on Intelligence of the
    Senate in the congressional justification materials for the annual
    submission of the National Foreign Intelligence Program of each
    fiscal year."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]

-FOOTNOTE-               

    (!1) So in original. Probably should be "paragraph (1)(A) - ".


-End-



-CITE-
    50 USC Sec. 403-1a                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-1a. Assignment of responsibilities relating to analytic
      integrity

-STATUTE-
    (a) Assignment of responsibilities
      For purposes of carrying out section 403-1(h) of this title, the
    Director of National Intelligence shall, not later than 180 days
    after December 17, 2004, assign an individual or entity to be
    responsible for ensuring that finished intelligence products
    produced by any element or elements of the intelligence community
    are timely, objective, independent of political considerations,
    based upon all sources of available intelligence, and employ the
    standards of proper analytic tradecraft.
    (b) Responsibilities
      (1) The individual or entity assigned responsibility under
    subsection (a) of this section - 
        (A) may be responsible for general oversight and management of
      analysis and production, but may not be directly responsible for,
      or involved in, the specific production of any finished
      intelligence product;
        (B) shall perform, on a regular basis, detailed reviews of
      finished intelligence product or other analytic products by an
      element or elements of the intelligence community covering a
      particular topic or subject matter;
        (C) shall be responsible for identifying on an annual basis
      functional or topical areas of analysis for specific review under
      subparagraph (B); and
        (D) upon completion of any review under subparagraph (B), may
      draft lessons learned, identify best practices, or make
      recommendations for improvement to the analytic tradecraft
      employed in the production of the reviewed product or products.

      (2) Each review under paragraph (1)(B) should - 
        (A) include whether the product or products concerned were
      based on all sources of available intelligence, properly describe
      the quality and reliability of underlying sources, properly
      caveat and express uncertainties or confidence in analytic
      judgments, properly distinguish between underlying intelligence
      and the assumptions and judgments of analysts, and incorporate,
      where appropriate, alternative analyses; and
        (B) ensure that the analytic methodologies, tradecraft, and
      practices used by the element or elements concerned in the
      production of the product or products concerned meet the
      standards set forth in subsection (a) of this section.

      (3) Information drafted under paragraph (1)(D) should, as
    appropriate, be included in analysis teaching modules and case
    studies for use throughout the intelligence community.
    (c) Annual reports
      Not later than December 1 each year, the Director of National
    Intelligence shall submit to the congressional intelligence
    committees, the heads of the relevant elements of the intelligence
    community, and the heads of analytic training departments a report
    containing a description, and the associated findings, of each
    review under subsection (b)(1)(B) of this section during such year.
    (d) Congressional intelligence committees defined
      In this section, the term "congressional intelligence committees"
    means - 
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House
      of Representatives.

-SOURCE-
    (Pub. L. 108-458, title I, Sec. 1019, Dec. 17, 2004, 118 Stat.
    3671.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the National
    Security Intelligence Reform Act of 2004, and not as part of the
    National Security Act of 1947 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

             SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS         
      Pub. L. 108-458, title I, Sec. 1020, Dec. 17, 2004, 118 Stat.
    3672, provided that:
      "(a) In General. - Not later than 180 days after the effective
    date of this Act [probably means the effective date of title I of
    Pub. L. 108-458, see Effective Date of 2004 Amendment; Transition
    Provisions note set out under section 401 of this title], the
    Director of National Intelligence shall identify an individual
    within the Office of the Director of National Intelligence who
    shall be available to analysts within the Office of the Director of
    National Intelligence to counsel, conduct arbitration, offer
    recommendations, and, as appropriate, initiate inquiries into real
    or perceived problems of analytic tradecraft or politicization,
    biased reporting, or lack of objectivity in intelligence analysis.
      "(b) Report. - Not later than 270 days after the effective date
    of this Act, the Director of National Intelligence shall provide a
    report to the Select Committee on Intelligence of the Senate and
    the Permanent Select Committee on Intelligence of the House of
    Representatives on the implementation of subsection (a)."

-End-



-CITE-
    50 USC Sec. 403-1b                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-1b. Additional education and training requirements

-STATUTE-
    (a) Findings
      Congress makes the following findings:
        (1) Foreign language education is essential for the development
      of a highly-skilled workforce for the intelligence community.
        (2) Since September 11, 2001, the need for language proficiency
      levels to meet required national security functions has been
      raised, and the ability to comprehend and articulate technical
      and scientific information in foreign languages has become
      critical.
    (b) Linguistic requirements
      (1) The Director of National Intelligence shall - 
        (A) identify the linguistic requirements for the Office of the
      Director of National Intelligence;
        (B) identify specific requirements for the range of linguistic
      skills necessary for the intelligence community, including
      proficiency in scientific and technical vocabularies of critical
      foreign languages; and
        (C) develop a comprehensive plan for the Office to meet such
      requirements through the education, recruitment, and training of
      linguists.

      (2) In carrying out activities under paragraph (1), the Director
    shall take into account education grant programs of the Department
    of Defense and the Department of Education that are in existence as
    of December 17, 2004.
      (3) Not later than one year after December 17, 2004, and annually
    thereafter, the Director shall submit to Congress a report on the
    requirements identified under paragraph (1), including the success
    of the Office of the Director of National Intelligence in meeting
    such requirements. Each report shall notify Congress of any
    additional resources determined by the Director to be required to
    meet such requirements.
      (4) Each report under paragraph (3) shall be in unclassified
    form, but may include a classified annex.
    (c) Professional intelligence training
      The Director of National Intelligence shall require the head of
    each element and component within the Office of the Director of
    National Intelligence who has responsibility for professional
    intelligence training to periodically review and revise the
    curriculum for the professional intelligence training of the senior
    and intermediate level personnel of such element or component in
    order to - 
        (1) strengthen the focus of such curriculum on the integration
      of intelligence collection and analysis throughout the Office;
      and
        (2) prepare such personnel for duty with other departments,
      agencies, and elements of the intelligence community.

-SOURCE-
    (Pub. L. 108-458, title I, Sec. 1041, Dec. 17, 2004, 118 Stat.
    3678.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the National
    Security Intelligence Reform Act of 2004, and not as part of the
    National Security Act of 1947 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

             PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS         
      Pub. L. 109-163, div. A, title XI, Sec. 1124, Jan. 6, 2006, 119
    Stat. 3454, provided that: "Subject to the availability of
    appropriated funds, the Secretary of Defense may support
    implementation of the Civilian Linguist Reserve Corps pilot project
    authorized by section 613 of the Intelligence Authorization Act for
    Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3959; 50 U.S.C. 403-
    1b note)."
      Pub. L. 108-487, title VI, Sec. 613, Dec. 23, 2004, 118 Stat.
    3959, provided that:
      "(a) Pilot Project. - The Director of National Intelligence shall
    conduct a pilot project to assess the feasibility and advisability
    of establishing a Civilian Linguist Reserve Corps comprised of
    United States citizens with advanced levels of proficiency in
    foreign languages who would be available upon the call of the
    Director to perform such service or duties with respect to such
    foreign languages in the intelligence community as the Director may
    specify.
      "(b) Conduct of Project. - Taking into account the findings and
    recommendations contained in the report required under section 325
    of the Intelligence Authorization Act for Fiscal Year 2003 (Public
    Law 107-306; 116 Stat. 2393), in conducting the pilot project under
    subsection (a) the Director of National Intelligence shall - 
        "(1) identify several foreign languages that are critical for
      the national security of the United States;
        "(2) identify United States citizens with advanced levels of
      proficiency in the foreign languages identified under paragraph
      (1) who would be available to perform the services and duties
      referred to in subsection (a); and
        "(3) when considered necessary by the Director, implement a
      call for the performance of such services and duties.
      "(c) Duration of Project. - The pilot project under subsection
    (a) shall be conducted for a three-year period.
      "(d) Authority To Enter Into Contracts. - The Director of
    National Intelligence may enter into contracts with appropriate
    agencies or entities to carry out the pilot project under
    subsection (a).
      "(e) Reports. - (1) The Director of National Intelligence shall
    submit to Congress an initial and a final report on the pilot
    project conducted under subsection (a).
      "(2) Each report required under paragraph (1) shall contain
    information on the operation of the pilot project, the success of
    the pilot project in carrying out the objectives of the
    establishment of a Civilian Linguist Reserve Corps, and
    recommendations for the continuation or expansion of the pilot
    project.
      "(3) The final report shall be submitted not later than six
    months after the completion of the pilot project.
      "(f) Authorization of Appropriations. - There is authorized to be
    appropriated to the Director of National Intelligence for each of
    fiscal years 2005, 2006, and 2007 in order to carry out the pilot
    project under subsection (a) such sums as are specified in the
    classified Schedule of Authorizations referred to in section 102
    [118 Stat. 3940]."

-End-



-CITE-
    50 USC Sec. 403-1c                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-1c. National Intelligence Reserve Corps

-STATUTE-
    (a) Establishment
      The Director of National Intelligence may provide for the
    establishment and training of a National Intelligence Reserve Corps
    (in this section referred to as "National Intelligence Reserve
    Corps") for the temporary reemployment on a voluntary basis of
    former employees of elements of the intelligence community during
    periods of emergency, as determined by the Director.
    (b) Eligible individuals
      An individual may participate in the National Intelligence
    Reserve Corps only if the individual previously served as a full
    time employee of an element of the intelligence community.
    (c) Terms of participation
      The Director of National Intelligence shall prescribe the terms
    and conditions under which eligible individuals may participate in
    the National Intelligence Reserve Corps.
    (d) Expenses
      The Director of National Intelligence may provide members of the
    National Intelligence Reserve Corps transportation and per diem in
    lieu of subsistence for purposes of participating in any training
    that relates to service as a member of the Reserve Corps.
    (e) Treatment of annuitants
      (1) If an annuitant receiving an annuity from the Civil Service
    Retirement and Disability Fund becomes temporarily reemployed
    pursuant to this section, such annuity shall not be discontinued
    thereby.
      (2) An annuitant so reemployed shall not be considered an
    employee for the purposes of chapter 83 or 84 of title 5.
    (f) Treatment under Office of Director of National Intelligence
      personnel ceiling
      A member of the National Intelligence Reserve Corps who is
    reemployed on a temporary basis pursuant to this section shall not
    count against any personnel ceiling applicable to the Office of the
    Director of National Intelligence.

-SOURCE-
    (Pub. L. 108-458, title I, Sec. 1053, Dec. 17, 2004, 118 Stat.
    3683.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the National
    Security Intelligence Reform Act of 2004, and not as part of the
    National Security Act of 1947 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-2                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-2. Intelligence Community contracting

-STATUTE-
      The Director of Central Intelligence shall direct that elements
    of the Intelligence Community, whenever compatible with the
    national security interests of the United States and consistent
    with the operational and security concerns related to the conduct
    of intelligence activities, and where fiscally sound, shall award
    contracts in a manner that would maximize the procurement of
    products in the United States. For purposes of this provision, the
    term "Intelligence Community" has the same meaning as set forth in
    paragraph 3.4(f) of Executive Order 12333, dated December 4, 1981,
    or successor orders.

-SOURCE-
    (Pub. L. 102-183, title IV, Sec. 403, Dec. 4, 1991, 105 Stat.
    1267.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 12333, referred to in text, is set out as a note
    under section 401 of this title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the authorization act cited as the
    credit to this section, and not as part of the National Security
    Act of 1947 which comprises this chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior authorization act: Pub. L. 102-88, title IV, Sec.
    404, Aug. 14, 1991, 105 Stat. 434.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-2a                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-2a. Construction of intelligence community facilities;
      Presidential authorization

-STATUTE-
      (a) No project for the construction of any facility, or
    improvement to any facility, having an estimated Federal cost in
    excess of $300,000, may be undertaken in any fiscal year unless
    specifically identified as a separate item in the President's
    annual fiscal year budget request or otherwise specifically
    authorized and appropriated if such facility or improvement would
    be used primarily by personnel of the intelligence community.
      (b) As used in this section, the term "intelligence community"
    has the same meaning given that term in section 401a(4) of this
    title.

-SOURCE-
    (Pub. L. 103-335, title VIII, Sec. 8131, Sept. 30, 1994, 108 Stat.
    2653.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of Defense
    Appropriations Act, 1995, and not as part of the National Security
    Act of 1947 which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403-2b                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-2b. Limitation on construction of facilities to be used
      primarily by intelligence community

-STATUTE-
    (a) In general
      (1) In general
        Except as provided in subsection (b) of this section, no
      project for the construction of any facility to be used primarily
      by personnel of any component of the intelligence community which
      has an estimated Federal cost in excess of $5,000,000 may be
      undertaken in any fiscal year unless such project is specifically
      identified as a separate item in the President's annual fiscal
      year budget request and is specifically authorized by the
      Congress.
      (2) Notification
        In the case of a project for the construction of any facility
      to be used primarily by personnel of any component of the
      intelligence community which has an estimated Federal cost
      greater than $1,000,000 but less than $5,000,000, or where any
      improvement project to such a facility has an estimated Federal
      cost greater than $1,000,000, the Director of Central
      Intelligence shall submit a notification to the intelligence
      committees specifically identifying such project.
    (b) Exception
      (1) In general
        Notwithstanding subsection (a) of this section but subject to
      paragraphs (2) and (3), a project for the construction of a
      facility to be used primarily by personnel of any component of
      the intelligence community may be carried out if the Secretary of
      Defense and the Director of Central Intelligence jointly
      determine - 
          (A) that the project is vital to the national security or to
        the protection of health, safety, or the quality of the
        environment, and
          (B) that the requirement for the project is so urgent that
        deferral of the project for inclusion in the next Act
        authorizing appropriations for the intelligence community would
        be inconsistent with national security or the protection of
        health, safety, or environmental quality, as the case may be.
      (2) Report
        (A) When a decision is made to carry out a construction project
      under this subsection, the Secretary of Defense and the Director
      of Central Intelligence jointly shall submit a report in writing
      to the appropriate committees of Congress on that decision. Each
      such report shall include (i) the justification for the project
      and the current estimate of the cost of the project, (ii) the
      justification for carrying out the project under this subsection,
      and (iii) a statement of the source of the funds to be used to
      carry out the project. The project may then be carried out only
      after the end of the 7-day period beginning on the date the
      notification is received by such committees.
        (B) Notwithstanding subparagraph (A), a project referred to in
      paragraph (1) may begin on the date the notification is received
      by the appropriate committees of Congress under that paragraph if
      the Director of Central Intelligence and the Secretary of Defense
      jointly determine that - 
          (i) an emergency exists with respect to the national security
        or the protection of health, safety, or environmental quality;
        and
          (ii) any delay in the commencement of the project would harm
        any or all of those interests.
      (3) Projects primarily for CIA
        If a project referred to in paragraph (1) is primarily for the
      Central Intelligence Agency, the Director of Central Intelligence
      shall make the determination and submit the report required by
      paragraphs (1) and (2).
      (4) Limitation
        A project carried out under this subsection shall be carried
      out within the total amount of funds appropriated for
      intelligence and intelligence-related activities that have not
      been obligated.
    (c) Application
      This section shall not apply to any project which is subject to
    subsection (a)(1)(A) or (c) of section 601.

-SOURCE-
    (Pub. L. 103-359, title VI, Sec. 602, Oct. 14, 1994, 108 Stat.
    3432; Pub. L. 108-177, title III, Sec. 314, Dec. 13, 2003, 117
    Stat. 2610.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 601, referred to in subsec. (c), means section 601 of
    Pub. L. 103-359, title VI, Oct. 14, 1994, 108 Stat. 3431, which is
    not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 1995, and not as part of the National Security Act
    of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-177, Sec. 314(a), substituted
    "$5,000,000" for "$750,000" in pars. (1) and (2) and "$1,000,000"
    for "$500,000" in two places in par. (2).
      Subsec. (b)(2). Pub. L. 108-177, Sec. 314(b), designated existing
    provisions as subpar. (A), redesignated former subpars. (A) to (C)
    as cls. (i) to (iii), respectively, substituted "7-day period" for
    "21-day period", and added subpar. (B).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.

-CROSS-
                                DEFINITIONS                            
      Section 604 of title VI of Pub. L. 103-359 provided that: "As
    used in this title [enacting this section and provisions set out as
    a note under section 403-3 of this title]:
        "(1) Intelligence committees. - The term 'intelligence
      committees' means the Permanent Select Committee on Intelligence
      of the House of Representatives and the Select Committee on
      Intelligence of the Senate.
        "(2) Intelligence community. - The term 'intelligence
      community' has the same meaning given that term in section 3(4)
      of the National Security Act of 1947 (50 U.S.C. 401a(4))."

-End-



-CITE-
    50 USC Sec. 403-3                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3. Office of the Director of National Intelligence

-STATUTE-
    (a) Office of Director of National Intelligence
      There is an Office of the Director of National Intelligence.
    (b) Function
      The function of the Office of the Director of National
    Intelligence is to assist the Director of National Intelligence in
    carrying out the duties and responsibilities of the Director under
    this Act, the National Security Act of 1947 (50 U.S.C. 401 et
    seq.), and other applicable provisions of law, and to carry out
    such other duties as may be prescribed by the President or by law.
    (c) Composition
      The Office of the Director of National Intelligence is composed
    of the following:
        (1) The Director of National Intelligence.
        (2) The Principal Deputy Director of National Intelligence.
        (3) Any Deputy Director of National Intelligence appointed
      under section 403-3a of this title.
        (4) The National Intelligence Council.
        (5) The General Counsel.
        (6) The Civil Liberties Protection Officer.
        (7) The Director of Science and Technology.
        (8) The National Counterintelligence Executive (including the
      Office of the National Counterintelligence Executive).
        (9) Such other offices and officials as may be established by
      law or the Director may establish or designate in the Office,
      including national intelligence centers.
    (d) Staff
      (1) To assist the Director of National Intelligence in fulfilling
    the duties and responsibilities of the Director, the Director shall
    employ and utilize in the Office of the Director of National
    Intelligence a professional staff having an expertise in matters
    relating to such duties and responsibilities, and may establish
    permanent positions and appropriate rates of pay with respect to
    that staff.
      (2) The staff of the Office of the Director of National
    Intelligence under paragraph (1) shall include the staff of the
    Office of the Deputy Director of Central Intelligence for Community
    Management that is transferred to the Office of the Director of
    National Intelligence under section 1091 of the National Security
    Intelligence Reform Act of 2004.
    (e) Limitation on co-location with other elements of intelligence
      community
      Commencing as of October 1, 2008, the Office of the Director of
    National Intelligence may not be co-located with any other element
    of the intelligence community.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3655.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b), probably means Pub. L. 108-
    458, Dec. 17, 2004, 118 Stat. 3638, known as the Intelligence
    Reform and Terrorism Prevention Act of 2004. For complete
    classification of this Act to the Code, see Short Title of 2004
    Amendment note set out under section 401 of this title and Tables.
      The National Security Act of 1947, referred to in subsec. (b), is
    act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 401 of this title and Tables.
      Section 1091 of the National Security Intelligence Reform Act of
    2004, referred to in subsec. (d)(2), is section 1091 of Pub. L. 108-
    458, which is set out as a note under section 401 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 403-3, act July 26, 1947, ch. 343, title I, Sec.
    103, as added Pub. L. 102-496, title VII, Sec. 705(a)(3), Oct. 24,
    1992, 106 Stat. 3190; amended Pub. L. 103-178, title V, Sec. 502,
    Dec. 3, 1993, 107 Stat. 2038; Pub. L. 104-293, title VIII, Secs.
    806, 807(a), Oct. 11, 1996, 110 Stat. 3479, 3480; Pub. L. 107-56,
    title IX, Sec. 901, Oct. 26, 2001, 115 Stat. 387, related to
    responsibilities of Director of Central Intelligence, prior to
    repeal by Pub. L. 108-458, title I, Secs. 1011(a), 1097(a), Dec.
    17, 2004, 118 Stat. 3643, 3698, effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided. See
    sections 403-1 and 403-4a of this title.
      Another prior section 103 of act July 26, 1947, was renumbered
    section 107 and is classified to section 404 of this title.

                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-3a                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3a. Deputy Directors of National Intelligence

-STATUTE-
    (a) Principal Deputy Director of National Intelligence
      (1) There is a Principal Deputy Director of National Intelligence
    who shall be appointed by the President, by and with the advice and
    consent of the Senate.
      (2) In the event of a vacancy in the position of Principal Deputy
    Director of National Intelligence, the Director of National
    Intelligence shall recommend to the President an individual for
    appointment as Principal Deputy Director of National Intelligence.
      (3) Any individual nominated for appointment as Principal Deputy
    Director of National Intelligence shall have extensive national
    security experience and management expertise.
      (4) The individual serving as Principal Deputy Director of
    National Intelligence shall not, while so serving, serve in any
    capacity in any other element of the intelligence community.
      (5) The Principal Deputy Director of National Intelligence shall
    assist the Director of National Intelligence in carrying out the
    duties and responsibilities of the Director.
      (6) The Principal Deputy Director of National Intelligence shall
    act for, and exercise the powers of, the Director of National
    Intelligence during the absence or disability of the Director of
    National Intelligence or during a vacancy in the position of
    Director of National Intelligence.
    (b) Deputy Directors of National Intelligence
      (1) There may be not more than four Deputy Directors of National
    Intelligence who shall be appointed by the Director of National
    Intelligence.
      (2) Each Deputy Director of National Intelligence appointed under
    this subsection shall have such duties, responsibilities, and
    authorities as the Director of National Intelligence may assign or
    are specified by law.
    (c) Military status of Director of National Intelligence and
      Principal Deputy Director of National Intelligence
      (1) Not more than one of the individuals serving in the positions
    specified in paragraph (2) may be a commissioned officer of the
    Armed Forces in active status.
      (2) The positions referred to in this paragraph are the
    following:
        (A) The Director of National Intelligence.
        (B) The Principal Deputy Director of National Intelligence.

      (3) It is the sense of Congress that, under ordinary
    circumstances, it is desirable that one of the individuals serving
    in the positions specified in paragraph (2) - 
        (A) be a commissioned officer of the Armed Forces, in active
      status; or
        (B) have, by training or experience, an appreciation of
      military intelligence activities and requirements.

      (4) A commissioned officer of the Armed Forces, while serving in
    a position specified in paragraph (2) - 
        (A) shall not be subject to supervision or control by the
      Secretary of Defense or by any officer or employee of the
      Department of Defense;
        (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.

      (5) Except as provided in subparagraph (A) or (B) of paragraph
    (4), the appointment of an officer of the Armed Forces to a
    position specified in paragraph (2) shall not affect the status,
    position, rank, or grade of such officer in the Armed Forces, or
    any emolument, perquisite, right, privilege, or benefit incident to
    or arising out of such status, position, rank, or grade.
      (6) A commissioned officer of the Armed Forces on active duty who
    is appointed to a position specified in paragraph (2), while
    serving in such position and while remaining on active duty, shall
    continue to receive military pay and allowances and shall not
    receive the pay prescribed for such position. Funds from which such
    pay and allowances are paid shall be reimbursed from funds
    available to the Director of National Intelligence.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103A, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3656.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-3b                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3b. National Intelligence Council

-STATUTE-
    (a) National Intelligence Council
      There is a National Intelligence Council.
    (b) Composition
      (1) The National Intelligence Council shall be composed of senior
    analysts within the intelligence community and substantive experts
    from the public and private sector, who shall be appointed by,
    report to, and serve at the pleasure of, the Director of National
    Intelligence.
      (2) The Director shall prescribe appropriate security
    requirements for personnel appointed from the private sector as a
    condition of service on the Council, or as contractors of the
    Council or employees of such contractors, to ensure the protection
    of intelligence sources and methods while avoiding, wherever
    possible, unduly intrusive requirements which the Director
    considers to be unnecessary for this purpose.
    (c) Duties and responsibilities
      (1) The National Intelligence Council shall - 
        (A) produce national intelligence estimates for the United
      States Government, including alternative views held by elements
      of the intelligence community and other information as specified
      in paragraph (2);
        (B) evaluate community-wide collection and production of
      intelligence by the intelligence community and the requirements
      and resources of such collection and production; and
        (C) otherwise assist the Director of National Intelligence in
      carrying out the responsibilities of the Director under section
      403-1 of this title.

      (2) The Director of National Intelligence shall ensure that the
    Council satisfies the needs of policymakers and other consumers of
    intelligence.
    (d) Service as senior intelligence advisers
      Within their respective areas of expertise and under the
    direction of the Director of National Intelligence, the members of
    the National Intelligence Council shall constitute the senior
    intelligence advisers of the intelligence community for purposes of
    representing the views of the intelligence community within the
    United States Government.
    (e) Authority to contract
      Subject to the direction and control of the Director of National
    Intelligence, the National Intelligence Council may carry out its
    responsibilities under this section by contract, including
    contracts for substantive experts necessary to assist the Council
    with particular assessments under this section.
    (f) Staff
      The Director of National Intelligence shall make available to the
    National Intelligence Council such staff as may be necessary to
    permit the Council to carry out its responsibilities under this
    section.
    (g) Availability of Council and staff
      (1) The Director of National Intelligence shall take appropriate
    measures to ensure that the National Intelligence Council and its
    staff satisfy the needs of policymaking officials and other
    consumers of intelligence.
      (2) The Council shall be readily accessible to policymaking
    officials and other appropriate individuals not otherwise
    associated with the intelligence community.
    (h) Support
      The heads of the elements of the intelligence community shall, as
    appropriate, furnish such support to the National Intelligence
    Council, including the preparation of intelligence analyses, as may
    be required by the Director of National Intelligence.
    (i) National Intelligence Council product
      For purposes of this section, the term "National Intelligence
    Council product" includes a National Intelligence Estimate and any
    other intelligence community assessment that sets forth the
    judgment of the intelligence community as a whole on a matter
    covered by such product.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103B, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3657.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-3c                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3c. General Counsel

-STATUTE-
    (a) General Counsel
      There is a General Counsel of the Office of the Director of
    National Intelligence who shall be appointed by the President, by
    and with the advice and consent of the Senate.
    (b) Prohibition on dual service as General Counsel of another
      agency
      The individual serving in the position of General Counsel may
    not, while so serving, also serve as the General Counsel of any
    other department, agency, or element of the United States
    Government.
    (c) Scope of position
      The General Counsel is the chief legal officer of the Office of
    the Director of National Intelligence.
    (d) Functions
      The General Counsel shall perform such functions as the Director
    of National Intelligence may prescribe.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103C, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3658.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-3d                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3d. Civil Liberties Protection Officer

-STATUTE-
    (a) Civil Liberties Protection Officer
      (1) Within the Office of the Director of National Intelligence,
    there is a Civil Liberties Protection Officer who shall be
    appointed by the Director of National Intelligence.
      (2) The Civil Liberties Protection Officer shall report directly
    to the Director of National Intelligence.
    (b) Duties
      The Civil Liberties Protection Officer shall - 
        (1) ensure that the protection of civil liberties and privacy
      is appropriately incorporated in the policies and procedures
      developed for and implemented by the Office of the Director of
      National Intelligence and the elements of the intelligence
      community within the National Intelligence Program;
        (2) oversee compliance by the Office and the Director of
      National Intelligence with requirements under the Constitution
      and all laws, regulations, Executive orders, and implementing
      guidelines relating to civil liberties and privacy;
        (3) review and assess complaints and other information
      indicating possible abuses of civil liberties and privacy in the
      administration of the programs and operations of the Office and
      the Director of National Intelligence and, as appropriate,
      investigate any such complaint or information;
        (4) ensure that the use of technologies sustain, and do not
      erode, privacy protections relating to the use, collection, and
      disclosure of personal information;
        (5) ensure that personal information contained in a system of
      records subject to section 552a of title 5 (popularly referred to
      as the "Privacy Act"), is handled in full compliance with fair
      information practices as set out in that section;
        (6) conduct privacy impact assessments when appropriate or as
      required by law; and
        (7) perform such other duties as may be prescribed by the
      Director of National Intelligence or specified by law.
    (c) Use of agency Inspectors General
      When appropriate, the Civil Liberties Protection Officer may
    refer complaints to the Office of Inspector General having
    responsibility for the affected element of the department or agency
    of the intelligence community to conduct an investigation under
    paragraph (3) of subsection (b) of this section.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103D, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3658.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Privacy Act, referred to in subsec. (b)(5), probably means
    the Privacy Act of 1974, Pub. L. 93-579, Dec. 31, 1974, 88 Stat.
    1896, as amended, which enacted section 552a of Title 5, Government
    Organization and Employees, and provisions set out as notes under
    section 552a of Title 5. For complete classification of this Act to
    the Code, see Short Title of 1974 Amendment note set out under
    section 552a of Title 5 and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-3e                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3e. Director of Science and Technology

-STATUTE-
    (a) Director of Science and Technology
      There is a Director of Science and Technology within the Office
    of the Director of National Intelligence who shall be appointed by
    the Director of National Intelligence.
    (b) Requirement relating to appointment
      An individual appointed as Director of Science and Technology
    shall have a professional background and experience appropriate for
    the duties of the Director of Science and Technology.
    (c) Duties
      The Director of Science and Technology shall - 
        (1) act as the chief representative of the Director of National
      Intelligence for science and technology;
        (2) chair the Director of National Intelligence Science and
      Technology Committee under subsection (d) of this section;
        (3) assist the Director in formulating a long-term strategy for
      scientific advances in the field of intelligence;
        (4) assist the Director on the science and technology elements
      of the budget of the Office of the Director of National
      Intelligence; and
        (5) perform other such duties as may be prescribed by the
      Director of National Intelligence or specified by law.
    (d) Director of National Intelligence Science and Technology
      Committee
      (1) There is within the Office of the Director of Science and
    Technology a Director of National Intelligence Science and
    Technology Committee.
      (2) The Committee shall be composed of the principal science
    officers of the National Intelligence Program.
      (3) The Committee shall - 
        (A) coordinate advances in research and development related to
      intelligence; and
        (B) perform such other functions as the Director of Science and
      Technology shall prescribe.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103E, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3659.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-3f                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3f. National Counterintelligence Executive

-STATUTE-
    (a) National Counterintelligence Executive
      The National Counterintelligence Executive under section 902 of
    the Counterintelligence Enhancement Act of 2002 [50 U.S.C. 402b] is
    a component of the Office of the Director of National Intelligence.
    (b) Duties
      The National Counterintelligence Executive shall perform the
    duties provided in the Counterintelligence Enhancement Act of 2002
    and such other duties as may be prescribed by the Director of
    National Intelligence or specified by law.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103F, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3660.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Counterintelligence Enhancement Act of 2002, referred to in
    subsec. (b), is title IX of Pub. L. 107-306, Nov. 27, 2002, 116
    Stat. 2432, which enacted sections 402b and 402c of this title,
    amended section 402a of this title, and enacted provisions set out
    as notes under sections 401 and 402b of this title. For complete
    classification of this Act to the Code, see Short Title of 2002
    Amendment note set out under section 401 of this title and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-3g                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-3g. Chief Information Officer

-STATUTE-
    (a) Chief Information Officer
      To assist the Director of National Intelligence in carrying out
    the responsibilities of the Director under this Act and other
    applicable provisions of law, there shall be within the Office of
    the Director of National Intelligence a Chief Information Officer
    who shall be appointed by the President, by and with the advice and
    consent of the Senate.
    (b) Chief Information Officer of intelligence community
      The Chief Information Officer shall serve as the chief
    information officer of the intelligence community.
    (c) Duties and responsibilities
      Subject to the direction of the Director of National
    Intelligence, the Chief Information Officer shall - 
        (1) manage activities relating to the information technology
      infrastructure and enterprise architecture requirements of the
      intelligence community;
        (2) have procurement approval authority over all information
      technology items related to the enterprise architectures of all
      intelligence community components;
        (3) direct and manage all information technology-related
      procurement for the intelligence community; and
        (4) ensure that all expenditures for information technology and
      research and development activities are consistent with the
      intelligence community enterprise architecture and the strategy
      of the Director for such architecture.
    (d) Prohibition on simultaneous service as other chief information
      officer
      An individual serving in the position of Chief Information
    Officer may not, while so serving, serve as the chief information
    officer of any other department or agency, or component thereof, of
    the United States Government.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 103G, as added Pub. L. 108-
    487, title III, Sec. 303(a)(1), Dec. 23, 2004, 118 Stat. 3944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), means act July 26, 1947,
    ch. 343, 61 Stat. 495, as amended, known as the National Security
    Act of 1947. For complete classification of this Act to the Code,
    see Short Title note set out under section 401 of this title and
    Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 108-487, title III, Sec. 303(b), Dec. 23, 2004, 118 Stat.
    3944, provided that: "The amendments made by this section [enacting
    this section] shall take effect on the effective date of the
    National Security Intelligence Reform Act of 2004 [see section 1097
    of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transfer, Termination, and Transition Provisions note under section
    401 of this title], as provided in section 801 of this Act [set out
    in an Effective Date of 2004 Amendments note under section 2656f of
    Title 22, Foreign Relations and Intercourse]."

-End-



-CITE-
    50 USC Sec. 403-4                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-4. Central Intelligence Agency

-STATUTE-
    (a) Central Intelligence Agency
      There is a Central Intelligence Agency.
    (b) Function
      The function of the Central Intelligence Agency is to assist the
    Director of the Central Intelligence Agency in carrying out the
    responsibilities specified in section 403-4a(c) of this title.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 104, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3660.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 403-4, act July 26, 1947, ch. 343, title I, Sec.
    104, as added Pub. L. 102-496, title VII, Sec. 705(a)(3), Oct. 24,
    1992, 106 Stat. 3192; amended Pub. L. 104-106, div. A, title XV,
    Sec. 1502(f)(5), Feb. 10, 1996, 110 Stat. 510; Pub. L. 104-293,
    title VIII, Sec. 807(b), Oct. 11, 1996, 110 Stat. 3480; Pub. L. 106-
    65, div. A, title X, Sec. 1067(16), Oct. 5, 1999, 113 Stat. 775;
    Pub. L. 106-567, title I, Sec. 105, Dec. 27, 2000, 114 Stat. 2834;
    Pub. L. 107-306, title III, Secs. 321, 353(b)(1)(A), (4), Nov. 27,
    2002, 116 Stat. 2391, 2402, related to authorities of Director of
    Central Intelligence, prior to repeal by Pub. L. 108-458, title I,
    Secs. 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698,
    effective not later than six months after Dec. 17, 2004, except as
    otherwise expressly provided. See sections 403-1 and 403-4a of this
    title.
      Another prior section 104 of act July 26, 1947, was renumbered
    section 108 and is classified to section 404a of this title.

                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

                IMPLEMENTATION OF COMPENSATION REFORM PLAN            
      Pub. L. 108-177, title IV, Sec. 405(c), Dec. 13, 2003, 117 Stat.
    2633, provided that:
      "(1) The Director of Central Intelligence shall submit to the
    congressional intelligence committees a report on the amount of
    compensation (including basic pay, bonuses, and employer
    contributions to the Thrift Savings Plan) of each employee of the
    Central Intelligence Agency participating in the pilot project
    required by section 402(b) of the Intelligence Authorization Act
    for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2403; 50 U.S.C.
    403-4 note), and on the amount that each such employee would have
    received had such employee received compensation under the existing
    system of compensation used by the Agency.
      "(2) The report required by paragraph (1) shall be submitted
    together with the report required by paragraph (3) of such section
    402(b).
      "(3) In this subsection, the term 'congressional intelligence
    committees' has the meaning given that term in section 402(d) of
    the Intelligence Authorization Act for Fiscal Year 2003."
      Pub. L. 107-306, title IV, Sec. 402, Nov. 27, 2002, 116 Stat.
    2403, as amended by Pub. L. 108-177, title IV, Sec. 405(a), Dec.
    13, 2003, 117 Stat. 2632, provided that:
      "(a) Delay on Implementation on Compensation Reform Plan. - (1)
    The Director of Central Intelligence may not implement before the
    implementation date (described in paragraph (2)) a plan for the
    compensation of employees of the Central Intelligence Agency that
    differs from the plan in effect on October 1, 2002.
      "(2) The implementation date referred to in paragraph (1) is the
    date of the enactment of the Intelligence Authorization Act for
    Fiscal Year 2005 [Dec. 23, 2004].
      "(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."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]

    DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE AGENCY
                AS THE GEORGE BUSH CENTER FOR INTELLIGENCE
      Pub. L. 105-272, title III, Sec. 309, Oct. 20, 1998, 112 Stat.
    2403, provided that:
      "(a) Designation. - The headquarters compound of the Central
    Intelligence Agency located in Langley, Virginia, shall be known
    and designated as the 'George Bush Center for Intelligence'.
      "(b) References. - Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the
    headquarters compound referred to in subsection (a) shall be deemed
    to be a reference to the 'George Bush Center for Intelligence'."

                     COMMUNICATION OF RESTRICTED DATA                 
      Authorization for the communication of Restricted Data by the
    Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9,
    1960, 25 F.R. 12729, set out as a note under section 2162 of Title
    42, The Public Health and Welfare.

-End-



-CITE-
    50 USC Sec. 403-4a                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-4a. Director of the Central Intelligence Agency

-STATUTE-
    (a) Director of Central Intelligence Agency
      There is a Director of the Central Intelligence Agency who shall
    be appointed by the President, by and with the advice and consent
    of the Senate.
    (b) Supervision
      The Director of the Central Intelligence Agency shall report to
    the Director of National Intelligence regarding the activities of
    the Central Intelligence Agency.
    (c) Duties
      The Director of the Central Intelligence Agency shall - 
        (1) serve as the head of the Central Intelligence Agency; and
        (2) carry out the responsibilities specified in subsection (d)
      of this section.
    (d) Responsibilities
      The Director of the Central Intelligence Agency shall - 
        (1) collect intelligence through human sources and by other
      appropriate means, except that the Director of the Central
      Intelligence Agency shall have no police, subpoena, or law
      enforcement powers or internal security functions;
        (2) correlate and evaluate intelligence related to the national
      security and provide appropriate dissemination of such
      intelligence;
        (3) provide overall direction for and coordination of the
      collection of national intelligence outside the United States
      through human sources by elements of the intelligence community
      authorized to undertake such collection and, in coordination with
      other departments, agencies, or elements of the United States
      Government which are authorized to undertake such collection,
      ensure that the most effective use is made of resources and that
      appropriate account is taken of the risks to the United States
      and those involved in such collection; and
        (4) perform such other functions and duties related to
      intelligence affecting the national security as the President or
      the Director of National Intelligence may direct.
    (e) Termination of employment of CIA employees
      (1) Notwithstanding the provisions of any other law, the Director
    of the Central Intelligence Agency may, in the discretion of the
    Director, terminate the employment of any officer or employee of
    the Central Intelligence Agency whenever the Director deems the
    termination of employment of such officer or employee necessary or
    advisable in the interests of the United States.
      (2) Any termination of employment of an officer or employee under
    paragraph (1) shall not affect the right of the officer or employee
    to seek or accept employment in any other department, agency, or
    element of the United States Government if declared eligible for
    such employment by the Office of Personnel Management.
    (f) Coordination with foreign governments
      Under the direction of the Director of National Intelligence and
    in a manner consistent with section 3927 of title 22, the Director
    of the Central Intelligence Agency shall coordinate the
    relationships between elements of the intelligence community and
    the intelligence or security services of foreign governments or
    international organizations on all matters involving intelligence
    related to the national security or involving intelligence acquired
    through clandestine means.
    (g) Foreign language proficiency for certain senior level positions
      in Central Intelligence Agency
      (1) Except as provided pursuant to paragraph (2), an individual
    may not be appointed to a position in the Senior Intelligence
    Service in the Directorate of Intelligence or the Directorate of
    Operations of the Central Intelligence Agency unless the Director
    of the Central Intelligence Agency determines that the individual -
    
        (A) has been certified as having a professional speaking and
      reading proficiency in a foreign language, such proficiency being
      at least level 3 on the Interagency Language Roundtable Language
      Skills Level or commensurate proficiency level using such other
      indicator of proficiency as the Director of the Central
      Intelligence Agency considers appropriate; and
        (B) is able to effectively communicate the priorities of the
      United States and exercise influence in that foreign language.

      (2) The Director of the Central Intelligence Agency may, in the
    discretion of the Director, waive the application of paragraph (1)
    to any position or category of positions otherwise covered by that
    paragraph if the Director determines that foreign language
    proficiency is not necessary for the successful performance of the
    duties and responsibilities of such position or category of
    positions.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 104A, as added Pub. L. 108-
    458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3660; amended
    Pub. L. 108-487, title VI, Sec. 611(a), Dec. 23, 2004, 118 Stat.
    3954.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (g). Pub. L. 108-487 added subsec. (g).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-487, title VI, Sec. 611(b), Dec. 23, 2004, 118 Stat.
    3955, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply with respect to appointments
    made on or after the date that is one year after the date of the
    enactment of this Act [Dec. 23, 2004]."

                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

                       POST-EMPLOYMENT RESTRICTIONS                   
      Pub. L. 104-293, title IV, Sec. 402, Oct. 11, 1996, 110 Stat.
    3468, provided that:
      "(a) In General. - Not later than 90 days after the date of
    enactment of this Act [Oct. 11, 1996], the Director of Central
    Intelligence shall prescribe regulations requiring each employee of
    the Central Intelligence Agency designated by the Director for such
    purpose to sign a written agreement restricting the activities of
    the employee upon ceasing employment with the Central Intelligence
    Agency. The Director may designate a group or class of employees
    for such purpose.
      "(b) Agreement Elements. - The regulations shall provide that an
    agreement contain provisions specifying that the employee concerned
    not represent or advise the government, or any political party, of
    any foreign country during the three-year period beginning on the
    cessation of the employee's employment with the Central
    Intelligence Agency unless the Director determines that such
    representation or advice would be in the best interests of the
    United States.
      "(c) Disciplinary Actions. - The regulations shall specify
    appropriate disciplinary actions (including loss of retirement
    benefits) to be taken against any employee determined by the
    Director of Central Intelligence to have violated the agreement of
    the employee under this section."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]


-EXEC-
      EX. ORD. NO. 13355. STRENGTHENED MANAGEMENT OF THE INTELLIGENCE
                                 COMMUNITY
      Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including section
    103(c)(8) of the National Security Act of 1947, as amended [former
    50 U.S.C. 403-3(c)(8)] (Act), and in order to further strengthen
    the effective conduct of United States intelligence activities and
    protect the territory, people, and interests of the United States
    of America, including against terrorist attacks, it is hereby
    ordered as follows:
      Section 1. Strengthening the Authority of the Director of Central
    Intelligence. The Director of Central Intelligence (Director) shall
    perform the functions set forth in this order to ensure an enhanced
    joint, unified national intelligence effort to protect the national
    security of the United States. Such functions shall be in addition
    to those assigned to the Director by law, Executive Order, or
    Presidential directive.
      Sec. 2. Strengthened Role in National Intelligence. [Amended Ex.
    Ord. No. 12333, set out under section 401 of this title.]
      Sec. 3. Strengthened Control of Intelligence Funding. [Amended
    Ex. Ord. No. 12333.]
      Sec. 4. Strengthened Role in Selecting Heads of Intelligence
    Organizations. With respect to a position that heads an
    organization within the Intelligence Community:
      (a) if the appointment to that position is made by the head of
    the department or agency or a subordinate thereof, no individual
    shall be appointed to such position without the concurrence of the
    Director;
      (b) if the appointment to that position is made by the President
    alone, any recommendation to the President to appoint an individual
    to that position shall be accompanied by the recommendation of the
    Director with respect to the proposed appointment; and
      (c) if the appointment to that position is made by the President,
    by and with the advice and consent of the Senate, any
    recommendation to the President for nomination of an individual for
    that position shall be accompanied by the recommendation of the
    Director with respect to the proposed nomination.
      Sec. 5. Strengthened Control of Standards and Qualifications. The
    Director shall issue, after coordination with the heads of
    departments and agencies with an organization in the Intelligence
    Community, and not later than 120 days after the date of this
    order, and thereafter as appropriate, standards and qualifications
    for persons engaged in the performance of United States
    intelligence activities, including but not limited to:
      (a) standards for training, education, and career development of
    personnel within organizations in the Intelligence Community, and
    for ensuring compatible personnel policies and an integrated
    professional development and education system across the
    Intelligence Community, including standards that encourage and
    facilitate service in multiple organizations within the
    Intelligence Community and make such rotated service a factor to be
    considered for promotion to senior positions;
      (b) standards for attracting and retaining personnel who meet the
    requirements for effective conduct of intelligence activities;
      (c) standards for common personnel security policies among
    organizations within the Intelligence Community; and
      (d) qualifications for assignment of personnel to centers
    established under section 1.5(g)(2) of Executive Order 12333 [50
    U.S.C. 401 note], as amended by section 2 of this order.
      Sec. 6. Technical Corrections. [Amended Ex. Ord. No. 12333.]
      Sec. 7. General Provisions.
      (a) This order and the amendments made by this order:
        (i) shall be implemented in a manner consistent with applicable
      law and subject to the availability of appropriations;
        (ii) shall be implemented in a manner consistent with the
      authority of the principal officers of the executive departments
      as heads of their respective departments, including under section
      199 of the Revised Statutes (22 U.S.C. 2651), section 201 of the
      Department of Energy Reorganization [Organization] Act (42 U.S.C.
      7131), section 102(a) of the Homeland Security Act of 2002 (6
      U.S.C. 112(a)), and sections 301 of title 5, 113(b) and 162(b) of
      title 10, 503 of title 28, and 301(b) of title 31, United States
      Code; and
        (iii) shall not be construed to impair or otherwise affect the
      functions of the Director of the Office of Management and Budget
      relating to budget, administrative, and legislative proposals.
      (b) Nothing in section 4 of this order limits or otherwise
    affects - 
        (i) the appointment of an individual to a position made before
      the date of this order; or
        (ii) the power of the President as an appointing authority to
      terminate an appointment.
      (c) Nothing in this order shall be construed to impair or
    otherwise affect any authority to provide intelligence to the
    President, the Vice President in the performance of Executive
    functions, and other officials in the executive branch.
      (d) This order and amendments made by this order are intended
    only to improve the internal management of the Federal Government
    and are not intended to, and do not, create any rights or benefits,
    substantive or procedural, enforceable at law or in equity by a
    party against the United States, its departments, agencies,
    instrumentalities, or entities, its officers, employees, or agents,
    or any other person.
                                                         George W. Bush.

-End-



-CITE-
    50 USC Sec. 403-4b                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-4b. Transformation of Central Intelligence Agency

-STATUTE-
      The Director of the Central Intelligence Agency shall, in
    accordance with standards developed by the Director in consultation
    with the Director of National Intelligence - 
        (1) enhance the analytic, human intelligence, and other
      capabilities of the Central Intelligence Agency;
        (2) develop and maintain an effective language program within
      the Agency;
        (3) emphasize the hiring of personnel of diverse backgrounds
      for purposes of improving the capabilities of the Agency;
        (4) establish and maintain effective relationships between
      human intelligence and signals intelligence within the Agency at
      the operational level; and
        (5) achieve a more effective balance within the Agency with
      respect to unilateral operations and liaison operations.

-SOURCE-
    (Pub. L. 108-458, title I, Sec. 1011(c), Dec. 17, 2004, 118 Stat.
    3661.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the National
    Security Intelligence Reform Act of 2004, and not as part of the
    National Security Act of 1947 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

                             SENSE OF CONGRESS                         
      Pub. L. 108-458, title I, Sec. 1011(b), Dec. 17, 2004, 118 Stat.
    3661, provided that: "It is the sense of Congress that - 
        "(1) the human intelligence officers of the intelligence
      community have performed admirably and honorably in the face of
      great personal dangers;
        "(2) during an extended period of unprecedented investment and
      improvements in technical collection means, the human
      intelligence capabilities of the United States have not received
      the necessary and commensurate priorities;
        "(3) human intelligence is becoming an increasingly important
      capability to provide information on the asymmetric threats to
      the national security of the United States;
        "(4) the continued development and improvement of a robust and
      empowered and flexible human intelligence work force is critical
      to identifying, understanding, and countering the plans and
      intentions of the adversaries of the United States; and
        "(5) an increased emphasis on, and resources applied to,
      enhancing the depth and breadth of human intelligence
      capabilities of the United States intelligence community must be
      among the top priorities of the Director of National
      Intelligence."

-End-



-CITE-
    50 USC Sec. 403-5                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-5. Responsibilities of Secretary of Defense pertaining to
      National Intelligence Program

-STATUTE-
    (a) In general
      Consistent with sections 403 and 403-1 of this title, the
    Secretary of Defense, in consultation with the Director of National
    Intelligence, shall - 
        (1) ensure that the budgets of the elements of the intelligence
      community within the Department of Defense are adequate to
      satisfy the overall intelligence needs of the Department of
      Defense, including the needs of the chairman (!1) of the Joint
      Chiefs of Staff and the commanders of the unified and specified
      commands and, wherever such elements are performing
      governmentwide functions, the needs of other departments and
      agencies;

        (2) ensure appropriate implementation of the policies and
      resource decisions of the Director by elements of the Department
      of Defense within the National Intelligence Program;
        (3) ensure that the tactical intelligence activities of the
      Department of Defense complement and are compatible with
      intelligence activities under the National Intelligence Program;
        (4) ensure that the elements of the intelligence community
      within the Department of Defense are responsive and timely with
      respect to satisfying the needs of operational military forces;
        (5) eliminate waste and unnecessary duplication among the
      intelligence activities of the Department of Defense; and
        (6) ensure that intelligence activities of the Department of
      Defense are conducted jointly where appropriate.
    (b) Responsibility for performance of specific functions
      Consistent with sections 403 and 403-1 of this title, the
    Secretary of Defense shall ensure - 
        (1) through the National Security Agency (except as otherwise
      directed by the President or the National Security Council), the
      continued operation of an effective unified organization for the
      conduct of signals intelligence activities and shall ensure that
      the product is disseminated in a timely manner to authorized
      recipients;
        (2) through the National Geospatial-Intelligence Agency (except
      as otherwise directed by the President or the National Security
      Council), with appropriate representation from the intelligence
      community, the continued operation of an effective unified
      organization within the Department of Defense - 
          (A) for carrying out tasking of imagery collection;
          (B) for the coordination of imagery processing and
        exploitation activities;
          (C) for ensuring the dissemination of imagery in a timely
        manner to authorized recipients; and
          (D) notwithstanding any other provision of law, for - 
            (i) prescribing technical architecture and standards
          related to imagery intelligence and geospatial information
          and ensuring compliance with such architecture and standards;
          and
            (ii) developing and fielding systems of common concern
          related to imagery intelligence and geospatial information;

        (3) through the National Reconnaissance Office (except as
      otherwise directed by the President or the National Security
      Council), the continued operation of an effective unified
      organization for the research and development, acquisition, and
      operation of overhead reconnaissance systems necessary to satisfy
      the requirements of all elements of the intelligence community;
        (4) through the Defense Intelligence Agency (except as
      otherwise directed by the President or the National Security
      Council), the continued operation of an effective unified system
      within the Department of Defense for the production of timely,
      objective military and military-related intelligence, based upon
      all sources available to the intelligence community, and shall
      ensure the appropriate dissemination of such intelligence to
      authorized recipients;
        (5) through the Defense Intelligence Agency (except as
      otherwise directed by the President or the National Security
      Council), effective management of Department of Defense human
      intelligence activities, including defense attaches; and
        (6) that the military departments maintain sufficient
      capabilities to collect and produce intelligence to meet - 
          (A) the requirements of the Director of National
        Intelligence;
          (B) the requirements of the Secretary of Defense or the
        Chairman of the Joint Chiefs of Staff;
          (C) the requirements of the unified and specified combatant
        commands and of joint operations; and
          (D) the specialized requirements of the military departments
        for intelligence necessary to support tactical commanders,
        military planners, the research and development process, the
        acquisition of military equipment, and training and doctrine.
    (c) Use of elements of Department of Defense
      The Secretary of Defense, in carrying out the functions described
    in this section, may use such elements of the Department of Defense
    as may be appropriate for the execution of those functions, in
    addition to, or in lieu of, the elements identified in this
    section.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 105, as added Pub. L. 102-
    496, title VII, Sec. 706(a), Oct. 24, 1992, 106 Stat. 3194;
    amended Pub. L. 103-359, title V, Sec. 501(a)(2), Oct. 14, 1994,
    108 Stat. 3428; Pub. L. 104-201, div. A, title XI, Sec. 1114(a),
    Sept. 23, 1996, 110 Stat. 2684; Pub. L. 104-293, title VIII, Sec.
    808, Oct. 11, 1996, 110 Stat. 3481; Pub. L. 107-306, title VIII,
    Sec. 811(b)(1)(A), Nov. 27, 2002, 116 Stat. 2421; Pub. L. 108-136,
    div. A, title IX, Sec. 921(e)(2), Nov. 24, 2003, 117 Stat. 1569;
    Pub. L. 108-177, title III, Sec. 361(a), Dec. 13, 2003, 117 Stat.
    2625; Pub. L. 108-458, title I, Secs. 1071(a)(1)(E), (F), (2)(A),
    1072(a)(2), (3), 1074(b)(1)(B), Dec. 17, 2004, 118 Stat. 3689,
    3690, 3692, 3694.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458, Sec. 1074(b)(1)(B)(ii), struck out
    "Foreign" before "Intelligence" in section catchline.
      Subsec. (a). Pub. L. 108-458, Sec. 1072(a)(2), substituted
    "Consistent with sections 403 and 403-1 of this title, the
    Secretary" for "The Secretary" in introductory provisions.
      Pub. L. 108-458, Sec. 1071(a)(1)(E), substituted "Director of
    National Intelligence" for "Director of Central Intelligence" in
    introductory provisions.
      Subsec. (a)(2). Pub. L. 108-458, Sec. 1074(b)(1)(B)(i),
    substituted "National Intelligence Program" for "National Foreign
    Intelligence Program".
      Pub. L. 108-458, Sec. 1071(a)(2)(A), struck out "of Central
    Intelligence" after "Director".
      Subsec. (a)(3). Pub. L. 108-458, Sec. 1074(b)(1)(B)(i),
    substituted "National Intelligence Program" for "National Foreign
    Intelligence Program".
      Subsec. (b). Pub. L. 108-458, Sec. 1072(a)(3), substituted "403
    and 403-1" for "403-3 and 403-4" in introductory provisions.
      Subsec. (b)(6)(A). Pub. L. 108-458, Sec. 1071(a)(1)(F),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      2003 - Subsec. (b)(2). Pub. L. 108-136, Sec. 921(e)(2),
    substituted "National Geospatial-Intelligence Agency" for "National
    Imagery and Mapping Agency".
      Subsec. (d). Pub. L. 108-177 struck out subsec. (d) which related
    to annual evaluations of performance and responsiveness of certain
    elements of the intelligence community.
      Subsec. (d)(3). Pub. L. 108-136, Sec. 921(e)(2), substituted
    "National Geospatial-Intelligence Agency" for "National Imagery and
    Mapping Agency".
      2002 - Subsec. (d). Pub. L. 107-306 amended heading and text of
    subsec. (d) generally. Prior to amendment, text read as follows:
    "The Director of Central Intelligence, in consultation with the
    Secretary of Defense and the Chairman of the Joint Chiefs of Staff,
    shall submit each year to the Committee on Foreign Intelligence of
    the National Security Council and the appropriate congressional
    committees (as defined in section 404d(c) of this title) an
    evaluation of the performance and the responsiveness of the
    National Security Agency, the National Reconnaissance Office, and
    the National Imagery and Mapping Agency in meeting their national
    missions."
      1996 - Subsec. (a). Pub. L. 104-293, Sec. 808(1), inserted ", in
    consultation with the Director of Central Intelligence," after
    "Secretary of Defense" in introductory provisions.
      Subsec. (b)(2). Pub. L. 104-201 amended par. (2) generally. Prior
    to amendment, par. (2) read as follows: "through the Central
    Imagery Office (except as otherwise directed by the President or
    the National Security Council), with appropriate representation
    from the intelligence community, the continued operation of an
    effective unified organization within the Department of Defense for
    carrying out tasking of imagery collection, for the coordination of
    imagery processing and exploitation activities, and for ensuring
    the dissemination of imagery in a timely manner to authorized
    recipients;".
      Subsec. (d). Pub. L. 104-293, Sec. 808(2), added subsec. (d).
      1994 - Subsec. (b)(2). Pub. L. 103-359 substituted "the Central
    Imagery Office" for "a central imagery authority".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-177 effective Dec. 31, 2003, see section
    361(n) of Pub. L. 108-177, set out as a note under section 1611 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section
    1124 of Pub. L. 104-201, set out as a note under section 193 of
    Title 10, Armed Forces.

        DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE INTELLIGENCE    
      Pub. L. 109-163, div. A, title IX, Sec. 931, Jan. 6, 2006, 119
    Stat. 3411, provided that:
      "(a) Findings. - Congress makes the following findings:
        "(1) Open-source intelligence (OSINT) is intelligence that is
      produced from publicly available information and is collected,
      exploited, and disseminated in a timely manner to an appropriate
      audience for the purpose of addressing a specific intelligence
      requirement.
        "(2) With the Information Revolution, the amount, significance,
      and accessibility of open-source information has expanded
      significantly, but the intelligence community has not expanded
      its exploitation efforts and systems to produce open-source
      intelligence.
        "(3) The production of open-source intelligence is a valuable
      intelligence discipline that must be integrated into intelligence
      tasking, collection, processing, exploitation, and dissemination
      to ensure that United States policymakers are fully and
      completely informed.
        "(4) The dissemination and use of validated open-source
      intelligence inherently enables information sharing since open-
      source intelligence is produced without the use of sensitive
      sources and methods. Open-source intelligence products can be
      shared with the American public and foreign allies because of the
      unclassified nature of open-source intelligence.
        "(5) The National Commission on Terrorist Attacks Upon the
      United States (popularly referred to as the '9/11 Commission'),
      in its final report released on July 22, 2004, identified
      shortfalls in the ability of the United States to use all-source
      intelligence, a large component of which is open-source
      intelligence.
        "(6) In the Intelligence Reform and Terrorism Prevention Act of
      2004 (Public Law 108-458) [see Tables for classification],
      Congress calls for coordination of the collection, analysis,
      production, and dissemination of open-source intelligence.
        "(7) The Commission on the Intelligence Capabilities of the
      United States Regarding Weapons of Mass Destruction, in its
      report to the President released on March 31, 2005, found that
      'the need for exploiting open-source material is greater now than
      ever before,' but that 'the Intelligence Community's open source
      programs have not expanded commensurate with either the increase
      in available information or with the growing importance of open
      source data to today's problems'.
      "(b) Department of Defense Strategy for Open-Source Intelligence.
    - 
        "(1) Development of strategy. - The Secretary of Defense shall
      develop a strategy for the purpose of integrating open-source
      intelligence into the Defense intelligence process. The strategy
      shall be known as the 'Defense Strategy for Open-Source
      Intelligence'. The strategy shall be incorporated within the
      larger Defense intelligence strategy.
        "(2) Submission. - The Secretary shall submit to Congress a
      report setting forth the strategy developed under paragraph (1).
      The report shall be submitted not later than 180 days after the
      date of the enactment of this Act [Jan. 6, 2006].
      "(c) Matters to Be Included. - The strategy under subsection (b)
    shall include the following:
        "(1) A plan for providing funds over the period of the future-
      years defense program for the development of a robust open-
      source intelligence capability for the Department of Defense,
      with particular emphasis on exploitation and dissemination.
        "(2) A description of how management of the collection of open-
      source intelligence is currently conducted within the Department
      of Defense and how that management can be improved.
        "(3) A description of the tools, systems, centers,
      organizational entities, and procedures to be used within the
      Department of Defense to perform open-source intelligence
      tasking, collection, processing, exploitation, and dissemination.
        "(4) A description of proven tradecraft for effective
      exploitation of open-source intelligence, to include
      consideration of operational security.
        "(5) A detailed description on how open-source intelligence
      will be fused with all other intelligence sources across the
      Department of Defense.
        "(6) A description of - 
          "(A) a training plan for Department of Defense intelligence
        personnel with respect to open-source intelligence; and
          "(B) open-source intelligence guidance for Department of
        Defense intelligence personnel.
        "(7) A plan to incorporate the function of oversight of open-
      source intelligence - 
          "(A) into the Office of the Undersecretary of Defense for
        Intelligence; and
          "(B) into service intelligence organizations.
        "(8) A plan to incorporate and identify an open-source
      intelligence specialty into personnel systems of the Department
      of Defense, including military personnel systems.
        "(9) A plan for the use of intelligence personnel of the
      reserve components to augment and support the open-source
      intelligence mission.
        "(10) A plan for the use of the Open-Source Information System
      for the purpose of exploitation and dissemination of open-source
      intelligence."

    ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERIMENTAL PERSONNEL
          PROGRAM FOR CERTAIN SCIENTIFIC AND TECHNICAL PERSONNEL
      Pub. L. 106-567, title V, Sec. 501, Dec. 27, 2000, 114 Stat.
    2850, as amended by Pub. L. 108-136, div. A, title IX, Sec. 921(g),
    Nov. 24, 2003, 117 Stat. 1570, provided that: "If the Director of
    Central Intelligence requests that the Secretary of Defense
    exercise any authority available to the Secretary under section
    1101(b) of the Strom Thurmond National Defense Authorization Act
    for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note) to
    carry out a program of special personnel management authority at
    the National Geospatial-Intelligence Agency and the National
    Security Agency in order to facilitate recruitment of eminent
    experts in science and engineering at such agencies, the Secretary
    shall respond to such request not later than 30 days after the date
    of such request."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    50 USC Sec. 403-5a                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

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

-STATUTE-
    (a) Authority to provide assistance
      Subject to subsection (b) of this section, elements of the
    intelligence community may, upon the request of a United States law
    enforcement agency, collect information outside the United States
    about individuals who are not United States persons. Such elements
    may collect such information notwithstanding that the law
    enforcement agency intends to use the information collected for
    purposes of a law enforcement investigation or counterintelligence
    investigation.
    (b) Limitation on assistance by elements of Department of Defense
      (1) With respect to elements within the Department of Defense,
    the authority in subsection (a) of this section applies only to the
    following:
        (A) The National Security Agency.
        (B) The National Reconnaissance Office.
        (C) The National Geospatial-Intelligence Agency.
        (D) The Defense Intelligence Agency.

      (2) Assistance provided under this section by elements of the
    Department of Defense may not include the direct participation of a
    member of the Army, Navy, Air Force, or Marine Corps in an arrest
    or similar activity.
      (3) Assistance may not be provided under this section by an
    element of the Department of Defense if the provision of such
    assistance will adversely affect the military preparedness of the
    United States.
      (4) The Secretary of Defense shall prescribe regulations
    governing the exercise of authority under this section by elements
    of the Department of Defense, including regulations relating to the
    protection of sources and methods in the exercise of such
    authority.
    (c) Definitions
      For purposes of subsection (a) of this section:
        (1) The term "United States law enforcement agency" means any
      department or agency of the Federal Government that the Attorney
      General designates as law enforcement agency for purposes of this
      section.
        (2) The term "United States person" means the following:
          (A) A United States citizen.
          (B) An alien known by the intelligence agency concerned to be
        a permanent resident alien.
          (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.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 105A, as added Pub. L. 104-
    293, title VIII, Sec. 814(a), Oct. 11, 1996, 110 Stat. 3483;
    amended Pub. L. 108-136, div. A, title IX, Sec. 921(e)(3), Nov. 24,
    2003, 117 Stat. 1569.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(1)(C). Pub. L. 108-136 substituted "National
    Geospatial-Intelligence Agency" for "National Imagery and Mapping
    Agency".

-End-



-CITE-
    50 USC Sec. 403-5b                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-5b. Disclosure of foreign intelligence acquired in
      criminal investigations; notice of criminal investigations of
      foreign intelligence sources

-STATUTE-
    (a) Disclosure of foreign intelligence
      (1) Except as otherwise provided by law and subject to paragraph
    (2), the Attorney General, or the head of any other department or
    agency of the Federal Government with law enforcement
    responsibilities, shall expeditiously disclose to the Director of
    National Intelligence, pursuant to guidelines developed by the
    Attorney General in consultation with the Director, foreign
    intelligence acquired by an element of the Department of Justice or
    an element of such department or agency, as the case may be, in the
    course of a criminal investigation.
      (2) The Attorney General by regulation and in consultation with
    the Director may provide for exceptions to the applicability of
    paragraph (1) for one or more classes of foreign intelligence, or
    foreign intelligence with respect to one or more targets or
    matters, if the Attorney General determines that disclosure of such
    foreign intelligence under that paragraph would jeopardize an
    ongoing law enforcement investigation or impair other significant
    law enforcement interests.
    (b) Procedures for notice of criminal investigations
      Not later than 180 days after October 26, 2001, the Attorney
    General, in consultation with the Director of National
    Intelligence, shall develop guidelines to ensure that after receipt
    of a report from an element of the intelligence community of
    activity of a foreign intelligence source or potential foreign
    intelligence source that may warrant investigation as criminal
    activity, the Attorney General provides notice to the Director,
    within a reasonable period of time, of his intention to commence,
    or decline to commence, a criminal investigation of such activity.
    (c) Procedures
      The Attorney General shall develop procedures for the
    administration of this section, including the disclosure of foreign
    intelligence by elements of the Department of Justice, and elements
    of other departments and agencies of the Federal Government, under
    subsection (a) of this section and the provision of notice with
    respect to criminal investigations under subsection (b) of this
    section.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 105B, as added Pub. L. 107-
    56, title IX, Sec. 905(a)(2), Oct. 26, 2001, 115 Stat. 388;
    amended Pub. L. 108-458, title I, Sec. 1071(a)(1)(G), (H), (2)(B),
    (C), Dec. 17, 2004, 118 Stat. 3689, 3690.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 403-5b, act July 26, 1947, ch. 343, title I, Sec.
    105B, as added Pub. L. 106-120, title V, Sec. 501(a)(1), Dec. 3,
    1999, 113 Stat. 1616, which related to protection of operational
    files of the National Imagery and Mapping Agency, was renumbered by
    subsequent acts and transferred, see section 432 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(G),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (a)(2). Pub. L. 108-458, Sec. 1071(a)(2)(B), struck out
    "of Central Intelligence" after "Director".
      Subsec. (b). Pub. L. 108-458, Sec. 1071(a)(2)(C), struck out "of
    Central Intelligence" after "notice to the Director".
      Pub. L. 108-458, Sec. 1071(a)(1)(H), substituted "with the
    Director of National Intelligence" for "with the Director of
    Central Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 403-5c                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-5c. Transferred

-COD-
                               CODIFICATION                           
      Section, act July 26, 1947, ch. 343, title I, Sec. 105C, formerly
    Sec. 105B, as added Pub. L. 106-120, title V, Sec. 501(a)(1), Dec.
    3, 1999, 113 Stat. 1616; renumbered Sec. 105C, Pub. L. 107-56,
    title IX, Sec. 905(a)(1), Oct. 26, 2001, 115 Stat. 388; amended
    Pub. L. 107-306, title III, Sec. 353(b)(5), Nov. 27, 2002, 116
    Stat. 2402; Pub. L. 108-136, div. A, title IX, Sec. 921(e)(4), Nov.
    24, 2003, 117 Stat. 1569, which related to protection of
    operational files of the National Geospatial-Intelligence Agency,
    was renumbered section 702 of act July 26, 1947, by Pub. L. 108-
    136, div. A, title IX, Sec. 922(c), Nov. 24, 2003, 117 Stat. 1573,
    and was transferred to section 432 of this title.

-End-



-CITE-
    50 USC Sec. 403-5d                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-5d. Foreign intelligence information

-STATUTE-
    (1) In general
      Notwithstanding any other provision of law, it shall be lawful
    for foreign intelligence or counterintelligence (as defined in
    section 401a of this title) or foreign intelligence information
    obtained as part of a criminal investigation to be disclosed to any
    Federal law enforcement, intelligence, protective, immigration,
    national defense, or national security official in order to assist
    the official receiving that information in the performance of his
    official duties. Any Federal official who receives information
    pursuant to this provision may use that information only as
    necessary in the conduct of that person's official duties subject
    to any limitations on the unauthorized disclosure of such
    information. Consistent with the responsibility of the Director of
    Central Intelligence to protect intelligence sources and methods,
    and the responsibility of the Attorney General to protect sensitive
    law enforcement information, it shall be lawful for information
    revealing a threat of actual or potential attack or other grave
    hostile acts of a foreign power or an agent of a foreign power,
    domestic or international sabotage, domestic or international
    terrorism, or clandestine intelligence gathering activities by an
    intelligence service or network of a foreign power or by an agent
    of a foreign power, within the United States or elsewhere, obtained
    as part of a criminal investigation to be disclosed to any
    appropriate Federal, State, local, or foreign government official
    for the purpose of preventing or responding to such a threat. Any
    official who receives information pursuant to this provision may
    use that information only as necessary in the conduct of that
    person's official duties subject to any limitations on the
    unauthorized disclosure of such information, and any State, local,
    or foreign official who receives information pursuant to this
    provision may use that information only consistent with such
    guidelines as the Attorney General and Director of Central
    Intelligence shall jointly issue.
    (2) Definition
      In this section, the term "foreign intelligence information"
    means - 
        (A) information, whether or not concerning a United States
      person, that relates to the ability of the United States to
      protect against - 
          (i) actual or potential attack or other grave hostile acts of
        a foreign power or an agent of a foreign power;
          (ii) sabotage or international terrorism by a foreign power
        or an agent of a foreign power; or
          (iii) clandestine intelligence activities by an intelligence
        service or network of a foreign power or by an agent of a
        foreign power; or

        (B) information, whether or not concerning a United States
      person, with respect to a foreign power or foreign territory that
      relates to - 
          (i) the national defense or the security of the United
        States; or
          (ii) the conduct of the foreign affairs of the United States.

-SOURCE-
    (Pub. L. 107-56, title II, Sec. 203(d), Oct. 26, 2001, 115 Stat.
    281; Pub. L. 107-296, title VIII, Sec. 897(a), Nov. 25, 2002, 116
    Stat. 2257.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 224 of Pub. L. 107-56, see
    Termination Date of 2001 Amendment note set out under section 2510
    of Title 18, Crimes and Criminal Procedure.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Uniting and Strengthening
    America by Providing Appropriate Tools Required to Intercept and
    Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, and not as part
    of the National Security Act of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2002 - Par. (1). Pub. L. 107-296 inserted at end "Consistent with
    the responsibility of the Director of Central Intelligence to
    protect intelligence sources and methods, and the responsibility of
    the Attorney General to protect sensitive law enforcement
    information, it shall be lawful for information revealing a threat
    of actual or potential attack or other grave hostile acts of a
    foreign power or an agent of a foreign power, domestic or
    international sabotage, domestic or international terrorism, or
    clandestine intelligence gathering activities by an intelligence
    service or network of a foreign power or by an agent of a foreign
    power, within the United States or elsewhere, obtained as part of a
    criminal investigation to be disclosed to any appropriate Federal,
    State, local, or foreign government official for the purpose of
    preventing or responding to such a threat. Any official who
    receives information pursuant to this provision may use that
    information only as necessary in the conduct of that person's
    official duties subject to any limitations on the unauthorized
    disclosure of such information, and any State, local, or foreign
    official who receives information pursuant to this provision may
    use that information only consistent with such guidelines as the
    Attorney General and Director of Central Intelligence shall jointly
    issue."

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.


-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-End-



-CITE-
    50 USC Sec. 403-5e                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-5e. Transferred

-COD-
                               CODIFICATION                           
      Section, act July 26, 1947, ch. 343, title I, Sec. 105D, as added
    Pub. L. 107-306, title V, Sec. 502(a), Nov. 27, 2002, 116 Stat.
    2405, which related to protection of operational files of the
    National Reconnaissance Office, was renumbered section 703 of act
    July 26, 1947, by Pub. L. 108-136, div. A, title IX, Sec. 922(c),
    Nov. 24, 2003, 117 Stat. 1573, and was transferred to section 432a
    of this title.

-End-



-CITE-
    50 USC Sec. 403-6                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-6. Appointment of officials responsible for intelligence-
      related activities

-STATUTE-
    (a) Recommendation of DNI in certain appointments
      (1) In the event of a vacancy in a position referred to in
    paragraph (2), the Director of National Intelligence shall
    recommend to the President an individual for nomination to fill the
    vacancy.
      (2) Paragraph (1) applies to the following positions:
        (A) The Principal Deputy Director of National Intelligence.
        (B) The Director of the Central Intelligence Agency.
    (b) Concurrence of DNI in appointments to positions in the
      intelligence community
      (1) In the event of a vacancy in a position referred to in
    paragraph (2), the head of the department or agency having
    jurisdiction over the position shall obtain the concurrence of the
    Director of National Intelligence before appointing an individual
    to fill the vacancy or recommending to the President an individual
    to be nominated to fill the vacancy. If the Director does not
    concur in the recommendation, the head of the department or agency
    concerned may not fill the vacancy or make the recommendation to
    the President (as the case may be). In the case in which the
    Director does not concur in such a recommendation, the Director and
    the head of the department or agency concerned may advise the
    President directly of the intention to withhold concurrence or to
    make a recommendation, as the case may be.
      (2) Paragraph (1) applies to the following positions:
        (A) The Director of the National Security Agency.
        (B) The Director of the National Reconnaissance Office.
        (C) The Director of the National Geospatial-Intelligence
      Agency.
        (D) The Assistant Secretary of State for Intelligence and
      Research.
        (E) The Director of the Office of Intelligence of the
      Department of Energy.
        (F) The Director of the Office of Counterintelligence of the
      Department of Energy.
        (G) The Assistant Secretary for Intelligence and Analysis of
      the Department of the Treasury.
        (H) The Executive Assistant Director for Intelligence of the
      Federal Bureau of Investigation or any successor to that
      position.
        (I) The Assistant Secretary of Homeland Security for
      Information Analysis.
    (c) Consultation with DNI in certain positions
      (1) In the event of a vacancy in a position referred to in
    paragraph (2), the head of the department or agency having
    jurisdiction over the position shall consult with the Director of
    National Intelligence before appointing an individual to fill the
    vacancy or recommending to the President an individual to be
    nominated to fill the vacancy.
      (2) Paragraph (1) applies to the following positions:
        (A) The Director of the Defense Intelligence Agency.
        (B) The Assistant Commandant of the Coast Guard for
      Intelligence.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 106, as added Pub. L. 102-
    496, title VII, Sec. 706(a), Oct. 24, 1992, 106 Stat. 3195;
    amended Pub. L. 103-359, title V, Sec. 501(a)(3), Oct. 14, 1994,
    108 Stat. 3428; Pub. L. 104-293, title VIII, Sec. 815(a), Oct. 11,
    1996, 110 Stat. 3484; Pub. L. 107-108, title III, Sec. 308, Dec.
    28, 2001, 115 Stat. 1399; Pub. L. 108-136, div. A, title IX, Sec.
    921(e)(5), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108-177, title I,
    Sec. 105(c), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108-458, title
    I, Sec. 1014, Dec. 17, 2004, 118 Stat. 3663.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458 amended text generally, substituting
    provisions relating to involvement of Director of National
    Intelligence in appointments, consisting of subsecs. (a) to (c),
    for provisions relating to involvement of Director of Central
    Intelligence in appointments, consisting of subsecs. (a) and (b).
      2003 - Subsec. (a)(2)(C). Pub. L. 108-136 substituted "National
    Geospatial-Intelligence Agency" for "National Imagery and Mapping
    Agency".
      Subsec. (b)(2)(E). Pub. L. 108-177 added subpar. (E).
      2001 - Subsec. (b)(2)(C), (D). Pub. L. 107-108 added subpars. (C)
    and (D) and struck out former subpar. (C) which read as follows:
    "The Director of the Office of Nonproliferation and National
    Security of the Department of Energy.".
      1996 - Pub. L. 104-293 amended section generally, substituting
    provisions relating to appointment of individuals responsible for
    intelligence-related activities for provisions relating to
    administrative provisions pertaining to defense elements within the
    intelligence community.
      1994 - Subsec. (b). Pub. L. 103-359 substituted "Central Imagery
    Office" for "central imagery authority" in heading and text.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out as an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 403-7                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

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

-STATUTE-
    (a) Policy
      It is the policy of the United States that an element of the
    Intelligence Community may not use as an agent or asset for the
    purposes of collecting intelligence any individual who - 
        (1) is authorized by contract or by the issuance of press
      credentials to represent himself or herself, either in the United
      States or abroad, as a correspondent of a United States news
      media organization; or
        (2) is officially recognized by a foreign government as a
      representative of a United States media organization.
    (b) Waiver
      Pursuant to such procedures as the President may prescribe, the
    President or the Director of Central Intelligence may waive
    subsection (a) of this section in the case of an individual if the
    President or the Director, as the case may be, makes a written
    determination that the waiver is necessary to address the
    overriding national security interest of the United States. The
    Permanent Select Committee on Intelligence of the House of
    Representatives and the Select Committee on Intelligence of the
    Senate shall be notified of any waiver under this subsection.
    (c) Voluntary cooperation
      Subsection (a) of this section shall not be construed to prohibit
    the voluntary cooperation of any person who is aware that the
    cooperation is being provided to an element of the United States
    Intelligence Community.

-SOURCE-
    (Pub. L. 104-293, title III, Sec. 309, Oct. 11, 1996, 110 Stat.
    3467.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 1997, and not as part of the National Security Act
    of 1947 which comprises this chapter.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403-8                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403-8. Reaffirmation of longstanding prohibition against drug
      trafficking by employees of the intelligence community

-STATUTE-
    (a) Finding
      Congress finds that longstanding statutes, regulations, and
    policies of the United States prohibit employees, agents, and
    assets of the elements of the intelligence community, and of every
    other Federal department and agency, from engaging in the illegal
    manufacture, purchase, sale, transport, and distribution of drugs.
    (b) Obligation of employees of intelligence community
      Any employee of the intelligence community having knowledge of a
    fact or circumstance that reasonably indicates that an employee,
    agent, or asset of an element of the intelligence community is
    involved in any activity that violates a statute, regulation, or
    policy described in subsection (a) of this section shall report
    such knowledge to an appropriate official.
    (c) Intelligence community defined
      In this section, the term "intelligence community" has the
    meaning given that term in section 401a(4) of this title.

-SOURCE-
    (Pub. L. 106-120, title III, Sec. 313, Dec. 3, 1999, 113 Stat.
    1615.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 2000, and not as part of the National Security Act
    of 1947 which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403a. Definitions relating to Central Intelligence Agency

-STATUTE-
      When used in sections 403a to 403s of this title, the term - 
        (1) "Agency" means the Central Intelligence Agency;
        (2) "Director" means the Director of the Central Intelligence
      Agency; and
        (3) "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.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 1, 63 Stat. 208; Pub. L. 86-707,
    title V, Sec. 511(a)(3), (c)(1), Sept. 6, 1960, 74 Stat. 800, 801;
    Pub. L. 108-458, title I, Sec. 1077, Dec. 17, 2004, 118 Stat.
    3695.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458 redesignated subsecs. (a) to (c) as pars.
    (1) to (3), respectively, and amended par. (2) generally. Prior to
    amendment, par. (2) read as follows: " 'Director' means the
    Director of Central Intelligence;".
      1960 - Subsec. (c). Pub. L. 86-707, Sec. 511(c)(1), substituted
    "Government." for "Government; and".
      Subsec. (d). Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (d)
    which defined "continental United States". See section 5921 of
    Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                                SHORT TITLE                            
      Act June 20, 1949, ch. 227, Sec. 10, formerly Sec. 12, 63 Stat.
    212; renumbered Sec. 10, July 7, 1958, Pub. L. 85-507, Sec.
    21(b)(2), 72 Stat. 337, provided that: "This Act [enacting section
    403a et seq. of this title] may be cited as the 'Central
    Intelligence Agency Act of 1949'."

                               SEPARABILITY                           
      Act June 20, 1949, Sec. 9, formerly Sec. 11, 63 Stat. 212;
    renumbered Sec. 9, July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72
    Stat. 337, provided that: "If any provision of this Act [enacting
    sections 403a et seq. of this title], or the application of such
    provision to any person or circumstances, is held invalid, the
    remainder of this Act or the application of such provision to
    persons or circumstances other than those as to which it is held
    invalid, shall not be affected thereby."

-End-



-CITE-
    50 USC Sec. 403b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403b. Seal of office of Central Intelligence Agency

-STATUTE-
      The Director shall cause a seal of office to be made for the
    Central Intelligence Agency, of such design as the President shall
    approve, and judicial notice shall be taken thereof.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 2, 63 Stat. 208; Pub. L. 108-458,
    title I, Sec. 1071(b)(2)(A), Dec. 17, 2004, 118 Stat. 3690.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458 struck out "of Central Intelligence" after
    "Director".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 403c                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403c. Procurement authority of Central Intelligence Agency

-STATUTE-
    (a) Purchases and contracts for supplies and services
      In the performance of its functions the Central Intelligence
    Agency is authorized to exercise the authorities contained in
    sections 2304(a)(1) to (6), (10), (12), (15), (17), and sections
    2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title
    10.(!1)

    (b) "Agency head" defined
      In the exercise of the authorities granted in subsection (a) of
    this section, the term "Agency head" shall mean the Director, the
    Deputy Director, or the Executive of the Agency.
    (c) Classes of purchases and contracts; finality of decision;
      powers delegable
      The determinations and decisions provided in subsection (a) of
    this section to be made by the Agency head may be made with respect
    to individual purchases and contracts or with respect to classes of
    purchases or contracts, and shall be final. Except as provided in
    subsection (d) of this section, the Agency head is authorized to
    delegate his powers provided in this section, including the making
    of such determinations and decisions, in his discretion and subject
    to his direction, to any other officer or officers or officials of
    the Agency.
    (d) Powers not delegable; written findings
      The power of the Agency head to make the determinations or
    decisions specified in paragraphs (12) and (15) of section 2304(a)
    and section 2307(a) of title 10 (!1) shall not be delegable. Each
    determination or decision required by paragraphs (12) and (15) of
    section 2304(a), by sections 2306 and 2313, or by section 2307(a)
    of title 10,(!1) shall be based upon written findings made by the
    official making such determinations, which findings shall be final
    and shall be available within the Agency for a period of at least
    six years following the date of the determination.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 3, 63 Stat. 208; Pub. L. 97-269,
    title V, Sec. 502(a), Sept. 27, 1982, 96 Stat. 1145; Pub. L. 104-
    106, div. E, title LVI, Sec. 5607(f), Feb. 10, 1996, 110 Stat.
    702.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.
      In subsecs. (a) and (d), references to the appropriate sections
    of title 10 were substituted for references to sections 2(c)(1) to
    (6), (10), (12), (15), (17), 3, 4, 5, 6, and 10 of the Armed
    Services Procurement Act of 1947 (Public Law 413, 80th Congress),
    on authority of section 49(b) of act Aug. 10, 1956, ch. 1041, 70A
    Stat. 640, section 1 of which enacted Title 10, Armed Forces. Prior
    to the enactment of Title 10, sections 2 to 6 and 10 of the Armed
    Services Procurement Act of 1947 were classified to sections 151 to
    155 and 159 of Title 41, Public Contracts. Cited sections of the
    Act were restated in sections of Title 10 as follows:


                  Act                               Title 10            
    --------------------------------------------------------------------
    2(c)                               2304(a)                          
    3                                  2305(a)-(c)                      
    4                                  2306, 2313                       
    5                                  2307                             
    5(a)                               2307(a)                          
    6                                  2312                             
    10                                 2308, 2309                       
    --------------------------------------------------------------------

      Sections 2304 and 2305 of title 10 were amended generally by Pub.
    L. 98-369, and as so amended contain provisions differing from
    those referred to in subsecs. (a) and (d). Section 2308 of title 10
    was repealed by Pub. L. 103-355, title I, Sec. 1503(b)(1), Oct. 13,
    1994, 108 Stat. 3297. For similar provisions, see section 2311 of
    title 10.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-106 struck out subsec. (e) which
    read as follows: "Notwithstanding subsection (e) of section 759 of
    title 40, the provisions of section 759 of title 40 relating to the
    procurement of automatic data processing equipment or services
    shall not apply with respect to such procurement by the Central
    Intelligence Agency."
      1982 - Subsec. (e). Pub. L. 97-269 added subsec. (e).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
    1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
    702.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 703 of title VII of Pub. L. 97-269 provided that: "The
    provisions of titles IV and V [enacting former section 202 of Title
    10, Armed Forces, and amending this section] and of this title
    [which, except for enacting this note was not classified to the
    Code] shall become effective upon the date of the enactment of this
    Act [Sept. 27, 1982]."

      PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT OR SERVICES;
                 CONTRACTS MADE BEFORE SEPTEMBER 27, 1982
      Section 502(b) of Pub. L. 97-269 provided that: "Subsection (e)
    of section 3 of the Central Intelligence Agency Act of 1949 (50
    U.S.C. 403c(e)), as added by subsection (a) of this section, does
    not apply to a contract made before the date of the enactment of
    this Act [Sept. 27, 1982]."

-FOOTNOTE-               

    (!1) See Codification note below.


-End-



-CITE-
    50 USC Sec. 403d                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403d. Repealed. Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958,
      72 Stat. 337

-MISC1-
      Section, act June 20, 1949, ch. 227, Sec. 4, 63 Stat. 208,
    related to education and training of officers and employees. See
    section 4101 et seq. of Title 5, Government Organization and
    Employees.
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403e                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403e. Central Intelligence Agency personnel; allowances and
      benefits

-STATUTE-
    (a) Travel, allowances, and related expenses for officers and
      employees assigned to duty stations outside United States
      Under such regulations as the Director may prescribe, the Agency,
    with respect to its officers and employees assigned to duty
    stations outside the several States of the United States of
    America, excluding Alaska and Hawaii, but including the District of
    Columbia, shall - 
        (1)(A) pay the travel expenses of officers and employees of the
      Agency, including expenses incurred while traveling pursuant to
      authorized home leave;
        (B) pay the travel expenses of members of the family of an
      officer or employee of the Agency when proceeding to or returning
      from his post of duty; accompanying him on authorized home leave;
      or otherwise traveling in accordance with authority granted
      pursuant to the terms of sections 403a to 403s of this title or
      any other Act;
        (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 household
      and personal effects of an officer or employee of the Agency in
      connection with assignment or transfer to a new post, from the
      date of his departure from his last post or from the date of his
      departure, from his place of residence in the case of a new
      officer or employee and for not to exceed three months after
      arrival at the new post, or until the establishment of residence
      quarters, whichever shall be shorter; and in connection with
      separation of an officer or employee of the Agency, the cost of
      packing and unpacking, transporting to and from a place of
      storage, and storing for a period not to exceed three months, his
      furniture and household and personal effects; but in no instance
      shall the weight or volume of the effects stored together with
      the weight or volume of the effects transported exceed the
      maximum limitations fixed by regulations, when not otherwise
      fixed by law.(!1)

        (F) pay the travel expenses and transportation costs incident
      to the removal of the members of the family of an officer or
      employee of the Agency and his furniture and household and
      personal effects, including automobiles, from a post at which,
      because of the prevalence of disturbed conditions, there is
      imminent danger to life and property, and the return of such
      persons, furniture, and effects to such post upon the cessation
      of such conditions; or to such other post as may in the meantime
      have become the post to which such officer or employee has been
      assigned.
        (2) Charge expenses in connection with travel of personnel,
      their dependents, and transportation of their household goods and
      personal effects, involving a change of permanent station, to the
      appropriation for the fiscal year current when any part of either
      the travel or transportation pertaining to the transfer begins
      pursuant to previously issued travel and transfer orders,
      notwithstanding the fact that such travel or transportation may
      not all be effected during such fiscal year, or the travel and
      transfer orders may have been issued during the prior fiscal
      year.
        (3)(A) Order to any of the several States of the United States
      of America (including the District of Columbia, the Commonwealth
      of Puerto Rico, and any territory or possession of the United
      States) on leave of absence each officer or employee of the
      Agency who was a resident of the United States (as described
      above) at time of employment, upon completion of two years'
      continuous service abroad, or as soon as possible thereafter.
        (B) While in the United States (as described in paragraph
      (3)(A) of this subsection) (!2) on leave, the service of any
      officer or employee shall be available for work or duties in the
      Agency or elsewhere as the Director may prescribe; and the time
      of such work or duty shall not be counted as leave.

        (C) Where an officer or employee on leave returns to the United
      States (as described in paragraph (3)(A) of this subsection),(!2)
      leave of absence granted shall be exclusive of the time actually
      and necessarily occupied in going to and from the United States
      (as so described) and such time as may be necessarily occupied in
      awaiting transportation.
        (4) Notwithstanding the provisions of any other law, transport
      for or on behalf of an officer or employee of the Agency, a
      privately owned motor vehicle in any case in which it shall be
      determined that water, rail, or air transportation of the motor
      vehicle is necessary or expedient for all or any part of the
      distance between points of origin and destination, and pay the
      costs of such transportation. Not more than one motor vehicle of
      any officer or employee of the Agency may be transported under
      authority of this paragraph during any four-year period, except
      that, as a replacement for such motor vehicle, one additional
      motor vehicle of any such officer or employee may be so
      transported during such period upon approval, in advance, by the
      Director and upon a determination, in advance, by the Director
      that such replacement is necessary for reasons beyond the control
      of the officer or employee and is in the interest of the
      Government. After the expiration of a period of four years
      following the date of transportation under authority of this
      paragraph of a privately owned motor vehicle of any officer or
      employee who has remained in continuous service outside the
      several States of the United States of America, excluding Alaska
      and Hawaii, but including the District of Columbia, during such
      period, the transportation of a replacement for such motor
      vehicle for such officer or employee may be authorized by the
      Director in accordance with this paragraph.
        (5)(A) In the event of illness or injury requiring the
      hospitalization of an officer or full time employee of the Agency
      incurred while on assignment abroad, in a locality where there
      does not exist a suitable hospital or clinic, pay the travel
      expenses of such officer or employee by whatever means the
      Director deems appropriate and without regard to the Standardized
      Government Travel Regulations and section 5731 of title 5, to the
      nearest locality where a suitable hospital or clinic exists and
      on the recovery of such officer or employee pay for the travel
      expenses of the return to the post of duty of such officer or
      employee. If the officer or employee is too ill to travel
      unattended, the Director may also pay the travel expenses of an
      attendant;
        (B) Establish a first-aid station and provide for the services
      of a nurse at a post at which, in the opinion of the Director,
      sufficient personnel is employed to warrant such a station:
      Provided, That, in the opinion of the Director, it is not
      feasible to utilize an existing facility;
        (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 illness or injury at a suitable
      hospital or clinic;
        (D) Provide for the periodic physical examination of officers
      and employees of the Agency and for the cost of administering
      inoculation or vaccinations to such officers or employees.
        (6) Pay the costs of preparing and transporting the remains of
      an officer or employee of the Agency or a member of his family
      who may die while in travel status or abroad, to his home or
      official station, or to such other place as the Director may
      determine to be the appropriate place of interment, provided that
      in no case shall the expense payable be greater than the amount
      which would have been payable had the destination been the home
      or official station.
        (7) Pay the costs of travel of new appointees and their
      dependents, and the transportation of their household goods and
      personal effects, from places of actual residence in foreign
      countries at time of appointment to places of employment and
      return to their actual residences at the time of appointment or a
      point not more distant: Provided, That such appointees agree in
      writing to remain with the United States Government for a period
      of not less than twelve months from the time of appointment.
        Violation of such agreement for personal convenience of an
      employee or because of separation for misconduct will bar such
      return payments and, if determined by the Director or his
      designee to be in the best interests of the United States, any
      money expended by the United States on account of such travel and
      transportation shall be considered as a debt due by the
      individual concerned to the United States.
    (b) Allowances and benefits comparable to those paid members of
      Foreign Service; special requirements; persons detailed or
      assigned from other agencies; regulations
      (1) The Director may pay to officers and employees of the Agency,
    and to persons detailed or assigned to the Agency from other
    agencies of the Government or from the Armed Forces, allowances and
    benefits comparable to the allowances and benefits authorized to be
    paid to members of the Foreign Service under chapter 9 of title I
    of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any
    other provision of law.
      (2) The Director may pay allowances and benefits related to
    officially authorized travel, personnel and physical security
    activities, operational activities, and cover-related activities
    (whether or not such allowances and benefits are otherwise
    authorized under this section or any other provision of law) when
    payment of such allowances and benefits is necessary to meet the
    special requirements of work related to such activities. Payment of
    allowances and benefits under this paragraph shall be in accordance
    with regulations prescribed by the Director. Rates for allowances
    and benefits under this paragraph may not be set at rates in excess
    of those authorized by section 5724 and 5724a of title 5 when
    reimbursement is provided for relocation attributable, in whole or
    in part, to relocation within the United States.
      (3) Notwithstanding any other provision of this section or any
    other provision of law relating to the officially authorized travel
    of Government employees, the Director, in order to reflect Agency
    requirements not taken into account in the formulation of
    Government-wide travel procedures, may by regulation - 
        (A) authorize the travel of officers and employees of the
      Agency, and of persons detailed or assigned to the Agency from
      other agencies of the Government or from the Armed Forces who are
      engaged in the performance of intelligence functions, and
        (B) provide for payment for such travel, in classes of cases,
      as determined by the Director, in which such travel is important
      to the performance of intelligence functions.

      (4) Members of the Armed Forces may not receive benefits under
    both this section and title 37 for the same purpose. The Director
    and Secretary of Defense shall prescribe joint regulations to carry
    out the preceding sentence.
      (5) Regulations, other than regulations under paragraph (1),
    issued pursuant to this subsection shall be submitted to the
    Permanent Select Committee on Intelligence of the House of
    Representatives and the Select Committee on Intelligence of the
    Senate before such regulations take effect.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 4, formerly Sec. 5, 63 Stat. 209;
    renumbered Sec. 4, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72
    Stat. 337; amended Pub. L. 86-707, title III, Secs. 301(b), 323,
    title V, Sec. 511(a)(3), (c)(2)-(5), Sept. 6, 1960, 74 Stat. 795,
    798, 800, 801; Pub. L. 97-89, title V, Sec. 501, Dec. 4, 1981, 95
    Stat. 1152; Pub. L. 103-359, title IV, Sec. 401, Oct. 14, 1994, 108
    Stat. 3427; Pub. L. 108-177, title IV, Sec. 401, Dec. 13, 2003, 117
    Stat. 2631.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Service Act of 1980, referred to in subsec. (b)(1),
    is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended.
    Chapter 9 of title I of the Foreign Service Act of 1980 is
    classified generally to subchapter IX (Sec. 4081 et seq.) of
    chapter 52 of Title 22, Foreign Relations and Intercourse. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of Title 22 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (a)(3)(B), (C), "this subsection" substituted for
    "this section" as the probable intent of Congress in view of the
    designation of the existing provisions of this section as subsec.
    (a) and the addition of subsec. (b) by Pub. L. 97-89, title V, Sec.
    501, Dec. 4, 1981, 95 Stat. 1152.
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(5). Pub. L. 108-177 inserted ", other than
    regulations under paragraph (1)," after "Regulations".
      1994 - Subsec. (a)(5)(A). Pub. L. 103-359, Sec. 401(1)(A)-(D),
    struck out ", not the result of vicious habits, intemperance, or
    misconduct on his part," after "the Agency" and substituted "the
    Director deems" for "he shall deem", "section 5731 of title 5" for
    "section 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U.S.C.
    73b)", and "the recovery of such officer or employee" for "his
    recovery".
      Pub. L. 103-359, Sec. 401(1)(E), which directed the substitution
    of "the return to the post of duty of such officer or employee" for
    "his return to his post", was executed by making the substitution
    for "his return to his post of duty" to reflect the probable intent
    of Congress.
      Subsec. (a)(5)(B). Pub. L. 103-359, Sec. 401(2), substituted "the
    opinion of the Director" for "his opinion" in two places.
      Subsec. (a)(5)(C). Pub. L. 103-359, Sec. 401(3), struck out ",
    not the result of vicious habits, intemperance, or misconduct on
    his part," after "the Agency".
      1981 - Pub. L. 97-89 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1960 - Pub. L. 86-707, Sec. 323(a), substituted "duty stations
    outside the several States of the United States of America,
    excluding Alaska and Hawaii, but including the District of
    Columbia" for "permanent-duty stations outside the continental
    United States, its territories, and possessions" in opening
    provisions, and struck out subsec. (a) designation.
      Par. (1)(A). Pub. L. 86-707, Sec. 511(c)(2), substituted
    "pursuant to authorized home leave" for "pursuant to orders issued
    by the Director in accordance with the provisions of subsection
    (a)(3) of this section with regard to the granting of home leave".
      Par. (1)(D). Pub. L. 86-707, Sec. 301(b), authorized payment of
    cost of packing and unpacking and transporting to and from a place
    of storage, extended authority to pay storage costs for an officer
    or employee assigned to a post to which he cannot take or at which
    he is unable to use his furniture and household personal effects by
    striking out provisions which restricted such payment only to cases
    where an emergency exists, empowered Director to pay storage costs
    when it is in the public interest or more economical to authorize
    storage, and limited weight or volume of effects stored or weight
    or volume of effects transported to not more than maximum
    limitations fixed by regulations, when not otherwise fixed by law.
      Par. (1)(E). Pub. L. 86-707, Sec. 301(b), authorized payment of
    cost of packing and unpacking and transporting to and from a place
    of storage, permitted payment from date of departure from officer's
    or employee's last post or from date of departure from place of
    residence in the case of a new officer or employee, empowered
    Director to pay storage costs in connection with separation of an
    officer or employee from the Agency, and limited weight or volume
    of effects stored or weight or volume of effects transported to not
    more than maximum limitations fixed by regulations, when not
    otherwise fixed by law.
      Par. (3)(A). Pub. L. 86-707, Sec. 511(c)(3), substituted "to any
    of the several States of the United States of America (including
    the District of Columbia, the Commonwealth of Puerto Rico, and any
    territory or possession of the United States) on leave of absence
    each officer or employee of the Agency who was a resident of the
    United States (as described above) at time of employment, upon
    completion of two years' continuous service abroad, or as soon as
    possible thereafter" for "to the United States or its Territories
    and possessions on leave provided for in sections 30-30b of Title 5
    [former Title 5, Executive Departments and Government Officers and
    Employees], or as such sections may hereafter be amended, every
    officer and employee of the agency who was a resident of the United
    States or its Territories and possessions at time of employment,
    upon completion of two years' continuous service abroad, or as soon
    as possible thereafter: Provided, That such officer or employee has
    accrued to his credit at the time of such order, annual leave
    sufficient to carry him in a pay status while in the United States
    for at least a thirty-day period".
      Par. (3)(B). Pub. L. 86-707, Sec. 511(c)(4), substituted "United
    States (as described in paragraph (3)(A) of this section) on leave,
    the service of any officer or employee shall be available for work
    or duties in the Agency or elsewhere as the Director may prescribe"
    for "continental United States on leave, the service of any officer
    or employee shall not be available for work or duties except in the
    agency or for training or for reorientation for work".
      Par. (3)(C). Pub. L. 86-707, Sec. 511(c)(5), substituted "returns
    to the United States (as described in paragraph (3)(A) of this
    section)" for "returns to the United States or its Territories and
    possessions", and "from the United States (as so described)" for
    "from the United States or its Territories and possessions".
      Par. (4). Pub. L. 86-707, Sec. 323(b), limited transportation of
    motor vehicles to one for any officer or employee during any four-
    year period, and empowered Director to approve transportation of
    one additional motor vehicle for replacement either during the four-
    year period or after expiration of four years following date of
    transportation of a motor vehicle of any officer or employee who
    has remained in continuous service outside the several States,
    excluding Alaska and Hawaii, but including the District of
    Columbia, for such period.
      Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (b) which
    authorized Director to grant allowances in accordance with
    provisions of section 1131(1), (2) of Title 22, Foreign Relations
    and Intercourse. See pars. (1)(D) and (1)(E) of this section.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section
    806 of Pub. L. 97-89, set out as an Effective Date note under
    section 1621 of Title 10, Armed Forces.

     CLARIFICATION OF TERMS APPLIED TO FURNITURE, HOUSEHOLD GOODS, AND
                    PERSONAL EFFECTS IN 1960 AMENDMENT
      Section 301(d) of Pub. L. 86-707 provided that: "The term
    'furniture and household and personal effects', as used in the
    amendments made by this part to the Foreign Service Act of 1946, as
    amended [amending section 1136 of Title 22, Foreign Relations and
    Intercourse], and the Central Intelligence Agency Act of 1949, as
    amended [amending this section], and the term 'household goods and
    personal effects', as used in the amendments made by this part to
    the Administrative Expenses Act of 1946, as amended [amending
    section 73b-1 of former Title 5, Executive Departments and
    Government Officers and Employees], mean such personal property of
    an employee and the dependents of such employee as the Secretary of
    State and the Director of Central Intelligence, as the case may be,
    with respect to the term 'furniture and household and personal
    effects', and the President, with respect to the term 'household
    goods and personal effects', shall by regulation authorize to be
    transported or stored under the amendments made by this part to
    such Acts (including, in emergencies, motor vehicles authorized to
    be shipped at Government expense). Such motor vehicle shall be
    excluded from the weight and volume limitations prescribed by the
    laws set forth in this part."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]
      Section 301(d) of Pub. L. 86-707 was repealed by Pub. L. 89-554,
    Sec. 8(a), Sept. 6, 1966, 80 Stat. 661, insofar as it is applicable
    to the Administrative Expenses Act of 1946, as amended.


-EXEC-
                         EXECUTIVE ORDER NO. 10100                     
      Ex. Ord. No. 10100, Jan. 28, 1950, 15 F.R. 499, which provided
    for regulations governing the granting of allowances by the
    Director of the Central Intelligence Agency under this section, was
    revoked by section 5(a) of Ex. Ord. No. 10903, Jan. 9, 1961, 26
    F.R. 217, set out under section 5921 of Title 5, Government
    Organization and Employees.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

    (!2) See Codification note below.


-End-



-CITE-
    50 USC Sec. 403e-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403e-1. Eligibility for incentive awards

-STATUTE-
    (a) Scope of authority with respect to Federal employees and
      members of Armed Forces
      The Director of Central Intelligence may exercise the authority
    granted in section 4503 of title 5, with respect to Federal
    employees and members of the Armed Forces detailed or assigned to
    the Central Intelligence Agency or to the Intelligence Community
    Staff, in the same manner as such authority may be exercised with
    respect to the personnel of the Central Intelligence Agency and the
    Intelligence Community Staff.
    (b) Time for exercise of authority
      The authority granted by subsection (a) of this section may be
    exercised with respect to Federal employees or members of the Armed
    Forces detailed or assigned to the Central Intelligence Agency or
    to the Intelligence Community Staff on or after a date five years
    before December 9, 1983.
    (c) Exercise of authority with respect to members of Armed Forces
      assigned to foreign intelligence duties
      During fiscal year 1987, the Director of Central Intelligence may
    exercise the authority granted in section 4503(2) of title 5 with
    respect to members of the Armed Forces who are assigned to foreign
    intelligence duties at the time of the conduct which gives rise to
    the exercise of such authority.
    (d) Payment and acceptance of award
      An award made by the Director of Central Intelligence to an
    employee or member of the Armed Forces under the authority of
    section 4503 of title 5 or this section may be paid and accepted
    notwithstanding - 
        (1) section 5536 of title 5; and
        (2) the death, separation, or retirement of the employee or the
      member of the Armed Forces whose conduct gave rise to the award,
      or the assignment of such member to duties other than foreign
      intelligence duties.

-SOURCE-
    (Pub. L. 98-215, title IV, Sec. 402, Dec. 9, 1983, 97 Stat. 1477;
    Pub. L. 99-569, title V, Sec. 503, Oct. 27, 1986, 100 Stat. 3198.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 1984, and not as part of the Central Intelligence
    Agency Act of 1949 which is classified to section 403a et seq. of
    this title, nor as part of the National Security Act of 1947 which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsecs. (c), (d). Pub. L. 99-569 added subsecs. (c) and
    (d).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 403f                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403f. General authorities of Agency

-STATUTE-
    (a) In general
      In the performance of its functions, the Central Intelligence
    Agency is authorized to - 
        (1) Transfer to and receive from other Government agencies such
      sums as may be approved by the Office of Management and Budget,
      for the performance of any of the functions or activities
      authorized under paragraphs (2) and (3) of section 403(a) of this
      title,(!1) subsections (c)(7) and (d) of section 403-3 of this
      title,(!1) subsections (a) and (g) of section 403-4 of this
      title,(!1) and section 405 of this title, and any other
      Government agency is authorized to transfer to or receive from
      the Agency such sums without regard to any provisions of law
      limiting or prohibiting transfers between appropriations. Sums
      transferred to the Agency in accordance with this paragraph may
      be expended for the purposes and under the authority of sections
      403a to 403s of this title without regard to limitations of
      appropriations from which transferred;

        (2) Exchange funds without regard to section 3651 of the
      Revised Statutes;
        (3) Reimburse other Government agencies for services of
      personnel assigned to the Agency, and such other Government
      agencies are authorized, without regard to provisions of law to
      the contrary, so to assign or detail any officer or employee for
      duty with the Agency;
        (4) Authorize personnel designated by the Director to carry
      firearms to the extent necessary for the performance of the
      Agency's authorized functions, except that, within the United
      States, such authority shall be limited to the purposes of
      protection of classified materials and information, the training
      of Agency personnel and other authorized persons in the use of
      firearms, the protection of Agency installations and property,
      and the protection of current and former Agency personnel and
      their immediate families, defectors and their immediate families,
      and other persons in the United States under Agency auspices;
        (5) Make alterations, improvements, and repairs on premises
      rented by the Agency, and pay rent therefor;
        (6) Determine and fix the minimum and maximum limits of age
      within which an original appointment may be made to an
      operational position within the Agency, notwithstanding the
      provision of any other law, in accordance with such criteria as
      the Director, in his discretion, may prescribe; and
        (7) Notwithstanding section 1341(a)(1) of title 31, enter into
      multiyear leases for up to 15 years.
    (b) Scope of authority for expenditure
      (1) The authority to enter into a multiyear lease under
    subsection (a)(7) of this section shall be subject to
    appropriations provided in advance for - 
        (A) the entire lease; or
        (B) the first 12 months of the lease and the Government's
      estimated termination liability.

      (2) In the case of any such lease entered into under subparagraph
    (B) of paragraph (1) - 
        (A) such lease shall include a clause that provides that the
      contract shall be terminated if budget authority (as defined by
      section 622(2) of title 2) is not provided specifically for that
      project in an appropriations Act in advance of an obligation of
      funds in respect thereto;
        (B) notwithstanding section 1552 of title 31, amounts obligated
      for paying termination costs with respect to such lease shall
      remain available until the costs associated with termination of
      such lease are paid;
        (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.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 5, formerly Sec. 6, 63 Stat. 211;
    June 26, 1951, ch. 151, 65 Stat. 89; renumbered Sec. 5, Pub. L. 85-
    507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 337; amended Pub. L. 88-
    448, title IV, Sec. 402(a)(28), Aug. 19, 1964, 78 Stat. 494; Pub.
    L. 97-89, title V, Sec. 502, Dec. 4, 1981, 95 Stat. 1153; Pub. L.
    98-215, title IV, Sec. 401, Dec. 9, 1983, 97 Stat. 1477; Pub. L.
    103-178, title V, Sec. 501(1), Dec. 3, 1993, 107 Stat. 2038; Pub.
    L. 105-107, title IV, Sec. 401(a), Nov. 20, 1997, 111 Stat. 2257;
    Pub. L. 105-272, title IV, Secs. 401, 403(a)(1), Oct. 20, 1998, 112
    Stat. 2403, 2404; Pub. L. 106-567, title IV, Sec. 405(a), (b), Dec.
    27, 2000, 114 Stat. 2849; Pub. L. 107-306, title VIII, Sec. 841(c),
    Nov. 27, 2002, 116 Stat. 2431; Pub. L. 108-177, title III, Sec.
    377(b)(1), Dec. 13, 2003, 117 Stat. 2630.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 403, 403-3 and 403-4 of this title, referred to in
    subsec. (a)(1), were repealed and new sections 403, 403-3 and 403-4
    enacted by Pub. L. 108-458, title I, Sec. 1011(a), Dec. 17, 2004,
    118 Stat. 3643, without corresponding amendment to this section.
    The new sections differ from the sections they replaced in both
    content and structure.
      Section 3651 of the Revised Statutes, referred to in subsec.
    (a)(2), was classified to section 543 of former Title 31, and was
    repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1084, the first section of which enacted Title 31, Money and
    Finance.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1). Pub. L. 108-177 substituted "(c)(7)" for
    "(c)(6)".
      2002 - Subsec. (c)(2). Pub. L. 107-306 substituted "a report on
    the transfer of sums described in paragraph (1) each time that
    authority is exercised." for "an annual report on the transfers of
    sums described in paragraph (1)."
      2000 - Pub. L. 106-567 added subsec. (a) and (b) headings and
    subsec. (c).
      1998 - Subsec. (a)(1). Pub. L. 105-272, Sec. 403(a)(1),
    substituted "paragraphs (2) and (3) of section 403(a)" for
    "subparagraphs (B) and (C) of section 403(a)(2)" and "(c)(6)" for
    "(c)(5)" and made technical amendments to references in original
    act which appear in text as references to sections 403, 403-3, 403-
    4 of this title.
      Subsec. (a)(4). Pub. L. 105-272, Sec. 401, substituted "and the
    protection of current and former Agency personnel and their
    immediate families, defectors and their immediate families," for
    "and the protection of Agency personnel and of defectors, their
    families,".
      1997 - Pub. L. 105-107 designated existing provisions as subsec.
    (a), redesignated former subsecs. (a) to (f) as pars. (1) to (6),
    respectively, of subsec. (a), in par. (5) substituted semicolon for
    "without regard to limitations on expenditures contained in the Act
    of June 30, 1932, as amended: Provided, That in each case the
    Director shall certify that exception from such limitations is
    necessary to the successful performance of the Agency's functions
    or to the security of its activities; and", and added par. (7) and
    subsec. (b).
      1993 - Subsec. (a). Pub. L. 103-178 substituted "Office of
    Management and Budget" for "Bureau of the Budget" and
    "subparagraphs (B) and (C) of section 403(a)(2) of this title,
    subsections (c)(5) and (d) of section 403-3 of this title,
    subsections (a) and (g) of section 403-4 of this title, and section
    405 of this title" for "sections 403 and 405 of this title".
      1983 - Subsec. (f). Pub. L. 98-215 added subsec. (f).
      1981 - Subsec. (d). Pub. L. 97-89 substituted "Authorize
    personnel designated by the Director to carry firearms to the
    extent necessary for the performance of the Agency's authorized
    functions, except that, within the United States, such authority
    shall be limited to the purposes of protection of classified
    materials and information, the training of Agency personnel and
    other authorized persons in the use of firearms, the protection of
    Agency installations and property, and the protection of Agency
    personnel and of defectors, their families, and other persons in
    the United States under Agency auspices; and" for "Authorize
    couriers and guards designated by the Director to carry firearms
    when engaged in transportation of confidential documents and
    materials affecting the national defense and security;".
      1964 - Subsec. (f). Pub. L. 88-448 repealed subsec. (f) which
    authorized employment of not more than fifteen retired officers who
    must elect between civilian salary and retired pay. See section
    3101 et seq. of Title 5, Government Organization and Employees.
      1951 - Subsec. (f). Act June 26, 1951, added subsec. (f).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-567, title IV, Sec. 405(c), Dec. 27, 2000, 114 Stat.
    2849, provided that: "Subsection (c) of section 5 of the Central
    Intelligence Agency Act of 1949 [50 U.S.C. 403f(c)], as added by
    subsection (a) of this section, shall apply with respect to amounts
    appropriated or otherwise made available for the Central
    Intelligence Agency for fiscal years after fiscal year 2000."

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Pub. L. 105-107, title IV, Sec. 401(b), Nov. 20, 1997, 111 Stat.
    2257, provided that: "The amendments made by subsection (a)
    [amending this section] apply to multiyear leases entered into
    under section 5 of the Central Intelligence Agency Act of 1949
    [this section], as so amended, on or after October 1, 1997."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section
    806 of Pub. L. 97-89, set out as an Effective Date note under
    section 1621 of Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-448 effective on first day of first month
    which begins later than the ninetieth day following Aug. 19, 1964,
    see section 403 of Pub. L. 88-448.

    RESTRICTION ON TRANSFER OF FUNDS AVAILABLE TO CENTRAL INTELLIGENCE
         AGENCY FOR DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
      Pub. L. 109-148, div. A, title VIII, Sec. 8052(b), Dec. 30, 2005,
    119 Stat. 2710, provided that: "None of the funds available to the
    Central Intelligence Agency for any fiscal year for drug
    interdiction and counter-drug activities may be transferred to any
    other department or agency of the United States except as
    specifically provided in an appropriations law."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-287, title VIII, Sec. 8057(b), Aug. 5, 2004, 118
    Stat. 983.
      Pub. L. 108-87, title VIII, Sec. 8057(b), Sept. 30, 2003, 117
    Stat. 1085.
      Pub. L. 107-248, title VIII, Sec. 8058(b), Oct. 23, 2002, 116
    Stat. 1550.
      Pub. L. 107-117, div. A, title VIII, Sec. 8063(b), Jan. 10, 2002,
    115 Stat. 2261.
      Pub. L. 106-259, title VIII, Sec. 8062(b), Aug. 9, 2000, 114
    Stat. 688.
      Pub. L. 106-79, title VIII, Sec. 8065(b), Oct. 25, 1999, 113
    Stat. 1244.
      Pub. L. 105-262, title VIII, Sec. 8065(b), Oct. 17, 1998, 112
    Stat. 2312.
      Pub. L. 105-56, title VIII, Sec. 8071(b), Oct. 8, 1997, 111 Stat.
    1235.
      Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
    8080(b)], Sept. 30, 1996, 110 Stat. 3009-71, 3009-104.
      Pub. L. 104-61, title VIII, Sec. 8096(b), Dec. 1, 1995, 109 Stat.
    671.
      Pub. L. 103-335, title VIII, Sec. 8154(b), Sept. 30, 1994, 108
    Stat. 2658.

-FOOTNOTE-
    (!1) See References in Text notes below.


-End-



-CITE-
    50 USC Sec. 403g                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403g. Protection of nature of Agency's functions

-STATUTE-
      In the interests of the security of the foreign intelligence
    activities of the United States and in order further to implement
    section 403-1(i) of this title that the Director of National
    Intelligence shall be responsible for protecting intelligence
    sources and methods from unauthorized disclosure, the Agency shall
    be exempted from the provisions of sections 1 and 2 of the Act of
    August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654), and the
    provisions of any other law which require the publication or
    disclosure of the organization, functions, names, official titles,
    salaries, or numbers of personnel employed by the Agency: Provided,
    That in furtherance of this section, the Director of the Office of
    Management and Budget shall make no reports to the Congress in
    connection with the Agency under section 607 of the Act of June 30,
    1945, as amended (5 U.S.C. 947(b)).

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 6, formerly Sec. 7, 63 Stat. 211;
    renumbered Sec. 6, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72
    Stat. 337; amended Pub. L. 103-178, title V, Sec. 501(2), Dec. 3,
    1993, 107 Stat. 2038; Pub. L. 105-272, title IV, Sec. 403(a)(2),
    Oct. 20, 1998, 112 Stat. 2404; Pub. L. 108-177, title III, Sec.
    377(b)(2), Dec. 13, 2003, 117 Stat. 2630; Pub. L. 108-458, title I,
    Secs. 1071(b)(1)(A), 1072(b), Dec. 17, 2004, 118 Stat. 3690, 3692.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 28, 1935, referred to in text, which provided for
    the yearly publication of the Official Register of the United
    States, was repealed by Pub. L. 86-626, title I, Sec. 101, July 12,
    1960, 74 Stat. 427.
      Section 607 of the Act of June 30, 1945, as amended, referred to
    in text, was repealed by act Sept. 12, 1950, ch. 946, title III,
    Sec. 301(85), 64 Stat. 843.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458, Sec. 1072(b), substituted "section 403-
    1(i)" for "section 403-3(c)(7)".
      Pub. L. 108-458, Sec. 1071(b)(1)(A), substituted "Director of
    National Intelligence" for "Director of Central Intelligence".
      2003 - Pub. L. 108-177 substituted "section 403-3(c)(7) of this
    title" for "section 403-3(c)(6) of this title".
      1998 - Pub. L. 105-272 substituted "403-3(c)(6)" for "403-
    3(c)(5)".
      1993 - Pub. L. 103-178 substituted "section 403-3(c)(5) of this
    title" for "the proviso of section 403(d)(3) of this title" and
    "Office of Management and Budget" for "Bureau of the Budget".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 403h                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403h. Admission of essential aliens; limitation on number

-STATUTE-
      Whenever the Director, the Attorney General, and the Commissioner
    of Immigration and Naturalization shall determine that the
    admission of a particular alien into the United States for
    permanent residence is in the interest of national security or
    essential to the furtherance of the national intelligence mission,
    such alien and his immediate family shall be admitted to the United
    States for permanent residence without regard to their
    inadmissibility under the immigration or any other laws and
    regulations, or to the failure to comply with such laws and
    regulations pertaining to admissibility: Provided, That the number
    of aliens and members of their immediate families admitted to the
    United States under the authority of this section shall in no case
    exceed one hundred persons in any one fiscal year.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 7, formerly Sec. 8, 63 Stat. 212;
    renumbered Sec. 7, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72
    Stat. 337; Pub. L. 104-208, div. C, title III, Sec. 308(f)(6),
    Sept. 30, 1996, 110 Stat. 3009-622.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The immigration laws, referred to in text, are classified
    generally to Title 8, Aliens and Nationality. See also section
    1101(a)(17) of Title 8.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208 substituted "that the admission" for "that
    the entry", "shall be admitted to" for "shall be given entry into",
    and "families admitted to" for "families entering".

-CHANGE-
                              CHANGE OF NAME                          
      Ex. Ord. No. 6166, Sec. 14, June 10, 1933, set out as a note
    under section 901 of Title 5, Government Organization and
    Employees, consolidated Bureaus of Immigration and Naturalization
    of Department of Labor to form an Immigration and Naturalization
    Service in Department of Labor, to be administered by a
    Commissioner of Immigration and Naturalization, which was then
    transferred from Department of Labor to Department of Justice by
    Reorg. Plan No. V of 1940, eff. June 14, 1940, 5 F.R. 2223, 54
    Stat. 1238, set out in the Appendix to Title 5. Accordingly,
    "Commissioner of Immigration and Naturalization" was substituted
    for "Commissioner of Immigration".


-MISC2-
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of Title 8, Aliens and
    Nationality.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all other officers of Department of Justice and
    functions of all agencies and employees of such Department, with a
    few exceptions, transferred to Attorney General, with power vested
    in him to authorize their performance or performance of any of his
    functions by any of such officers, agencies, and employees, by
    Reorg. Plan No. 2 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
    3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government
    Organization and Employees.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of Title 8, Aliens and Nationality.

-End-



-CITE-
    50 USC Sec. 403i                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403i. Repealed. Sept. 1, 1954, ch. 1208, title VI, Sec.
      601(b), 68 Stat. 1115

-MISC1-
      Section, acts June 20, 1949, ch. 227, Sec. 9, 63 Stat. 212; Aug.
    16, 1950, ch. 719, 64 Stat. 450, related to establishment of
    positions in the professional and scientific field.
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403j                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403j. Central Intelligence Agency; appropriations;
      expenditures

-STATUTE-
      (a) Notwithstanding any other provisions of law, sums made
    available to the Agency by appropriation or otherwise may be
    expended for purposes necessary to carry out its functions,
    including - 
        (1) personal services, including personal services without
      regard to limitations on types of persons to be employed, and
      rent at the seat of government and elsewhere; health-service
      program as authorized by law (5 U.S.C. 7901); rental of news-
      reporting services; purchase or rental and operation of
      photographic, reproduction, cryptographic, duplication, and
      printing machines, equipment, and devices, and radio-receiving
      and radio-sending equipment and devices, including telegraph and
      teletype equipment; purchase, maintenance, operation, repair, and
      hire of passenger motor vehicles, and aircraft, and vessels of
      all kinds; subject to policies established by the Director,
      transportation of officers and employees of the Agency in
      Government-owned automotive equipment between their domiciles and
      places of employment, where such personnel are engaged in work
      which makes such transportation necessary, and transportation in
      such equipment, to and from school, of children of Agency
      personnel who have quarters for themselves and their families at
      isolated stations outside the continental United States where
      adequate public or private transportation is not available;
      printing and binding; purchase, maintenance, and cleaning of
      firearms, including purchase, storage, and maintenance of
      ammunition; subject to policies established by the Director,
      expenses of travel in connection with, and expenses incident to
      attendance at meetings of professional, technical, scientific,
      and other similar organizations when such attendance would be a
      benefit in the conduct of the work of the Agency; association and
      library dues; payment of premiums or costs of surety bonds for
      officers or employees without regard to the provisions of section
      14 (!1) of title 6; payment of claims pursuant to title 28;
      acquisition of necessary land and the clearing of such land;
      construction of buildings and facilities without regard to 36
      Stat. 699; 40 U.S.C. 259, 267; (!1) repair, rental, operation,
      and maintenance of buildings, utilities, facilities, and
      appurtenances; and

        (2) supplies, equipment, and personnel and contractual services
      otherwise authorized by law and regulations, when approved by the
      Director.

      (b) The sums made available to the Agency may be expended without
    regard to the provisions of law and regulations relating to the
    expenditure of Government funds; and for objects of a confidential,
    extraordinary, or emergency nature, such expenditures to be
    accounted for solely on the certificate of the Director and every
    such certificate shall be deemed a sufficient voucher for the
    amount therein certified.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 8, formerly Sec. 10, 63 Stat. 212;
    renumbered Sec. 8, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72
    Stat. 337.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 14 of title 6, referred to in subsec. (a)(1), was
    repealed by Pub. L. 93-310, title II, Sec. 203(1), June 6, 1972, 86
    Stat. 202.
      The reference to 36 Stat. 699; 40 U.S.C. 259, 267, in subsec.
    (a)(1), was probably meant to be a reference to section 3734 of the
    Revised Statutes. Section 33 of act June 25, 1910, ch. 383, which
    appears at 36 Stat. 699, amended generally section 3734 of the
    Revised Statutes which was classified to sections 259 and 267 of
    former Title 40, Public Buildings, Property, and Works. Section
    3734 of the Revised Statutes was subsequently repealed by Pub. L.
    86-249, Sec. 17(12), Sept. 9, 1959, 73 Stat. 485.

-COD-
                               CODIFICATION                           
      In subsec. (a)(1), "(5 U.S.C. 7901)" substituted for "(5 U.S.C.
    150)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80
    Stat. 631, the first section of which enacted Title 5, Government
    Organization and Employees.
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
         AVAILABILITY OF APPROPRIATIONS FOR CONSTRUCTION PROJECTS     
      Pub. L. 103-139, title VIII, Sec. 8104, Nov. 11, 1993, 107 Stat.
    1463, provided that: "During the current fiscal year and
    thereafter, funds appropriated for construction projects of the
    Central Intelligence Agency, which are transferred to another
    Agency for execution, shall remain available until expended."
    Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-396, title IX, Sec. 9030, Oct. 6, 1992, 106 Stat.
    1907.
      Pub. L. 102-172, title VIII, Sec. 8030, Nov. 26, 1991, 105 Stat.
    1177.
      Pub. L. 101-511, title VIII, Sec. 8031, Nov. 5, 1990, 104 Stat.
    1881.
      Pub. L. 101-165, title IX, Sec. 9042, Nov. 21, 1989, 103 Stat.
    1137.
      Pub. L. 100-463, title VIII, Sec. 8074, Oct. 1, 1988, 102 Stat.
    2270-29.
      Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8095], Dec. 22,
    1987, 101 Stat. 1329-43, 1329-79.
      Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9130], Oct. 18, 1986,
    100 Stat. 1783-82, 1783-128; Pub. L. 99-591, Sec. 101(c) [title IX,
    Sec. 9130], Oct. 30, 1986, 100 Stat. 3341-82, 3341-128.

                      ACQUISITION OF CRITICAL SKILLS                  
      Pub. L. 99-569, title V, Sec. 506, Oct. 27, 1986, 100 Stat. 3202,
    provided that: "Pursuant to the authority granted in section 8 of
    the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j), the
    Director of Central Intelligence shall establish an undergraduate
    training program with respect to civilian employees of the Central
    Intelligence Agency similar in purpose, conditions, content, and
    administration to the program which the Secretary of Defense is
    authorized to establish under section 16 of the National Security
    Act of 1959 (50 U.S.C. 402 note) for civilian employees of the
    National Security Agency."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 403k                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403k. Authority to pay death gratuities

-STATUTE-
      (a)(1) The Director may pay a gratuity to the surviving
    dependents of any officer or employee of the Agency who dies as a
    result of injuries (other than from disease) sustained outside the
    United States and whose death - 
        (A) resulted from hostile or terrorist activities; or
        (B) occurred in connection with an intelligence activity having
      a substantial element of risk.

      (2) The provisions of this subsection shall apply with respect to
    deaths occurring after June 30, 1974.
      (b) Any payment under subsection (a) of this section - 
        (1) shall be in an amount equal to the amount of the annual
      salary of the officer or employee concerned at the time of death;
        (2) shall be considered a gift and shall be in lieu of payment
      of any lesser death gratuity authorized by any other Federal law;
      and
        (3) shall be made under the same conditions as apply to
      payments authorized by section 3973 of title 22.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 11, as added Pub. L. 96-450, title
    IV, Sec. 403(a), Oct. 14, 1980, 94 Stat. 1978.)

-COD-
                               CODIFICATION                           
      In subsec. (b)(3), "section 3973 of title 22" substituted for
    "section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a)" on
    authority of section 2401(c) of the Foreign Service Act of 1980 (22
    U.S.C. 4172(c)), section 2205(10) of which repealed section 14 of
    the 1956 Act (22 U.S.C. 2679a).
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403l                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403l. Authority to accept gifts, devises and bequests

-STATUTE-
    (a) Use for operational purposes prohibited
      Subject to the provisions of this section, the Director may
    accept, hold, administer, and use gifts of money, securities, or
    other property whenever the Director determines it would be in the
    interest of the United States to do so. Any gift accepted under
    this section (and any income produced by any such gift) may be used
    only for artistic display or for purposes relating to the general
    welfare, education, or recreation of employees or dependents of
    employees of the Agency or for similar purposes, and under no
    circumstances may such a gift (or any income produced by any such
    gift) be used for operational purposes. The Director may not accept
    any gift under this section which is expressly conditioned upon any
    expenditure not to be met from the gift itself or from income
    produced by the gift unless such expenditure has been authorized by
    law.
    (b) Sale, exchange and investment of gifts
      Unless otherwise restricted by the terms of the gift, the
    Director may sell or exchange, or invest or reinvest, any property
    which is accepted under this section, but any such investment may
    only be in interest-bearing obligations of the United States or in
    obligations guaranteed as to both principal and interest by the
    United States.
    (c) Deposit of gifts into special fund
      There is hereby created on the books of the Treasury of the
    United States a fund into which gifts of money, securities, and
    other intangible property accepted under the authority of this
    section, and the earnings and proceeds thereof, shall be deposited.
    The assets of such fund shall be disbursed upon the order of the
    Director for the purposes specified in subsection (a) or (b) of
    this section.
    (d) Taxation of gifts
      For purposes of Federal income, estate, and gift taxes, gifts
    accepted by the Director under this section shall be considered to
    be to or for the use of the United States.
    (e) "Gift" defined
      For the purposes of this section, the term "gift" includes a
    bequest or devise.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 12, as added Pub. L. 96-450, title
    IV, Sec. 404, Oct. 14, 1980, 94 Stat. 1979.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403m                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403m. Misuse of Agency name, initials, or seal

-STATUTE-
    (a) Prohibited acts
      No person may, except with the written permission of the
    Director, knowingly use the words "Central Intelligence Agency",
    the initials "CIA", the seal of the Central Intelligence Agency, or
    any colorable imitation of such words, initials, or seal in
    connection with any merchandise, impersonation, solicitation, or
    commercial activity in a manner reasonably calculated to convey the
    impression that such use is approved, endorsed, or authorized by
    the Central Intelligence Agency.
    (b) Injunction
      Whenever it appears to the Attorney General that any person is
    engaged or is about to engage in an act or practice which
    constitutes or will constitute conduct prohibited by subsection (a)
    of this section, the Attorney General may initiate a civil
    proceeding in a district court of the United States to enjoin such
    act or practice. Such court shall proceed as soon as practicable to
    the hearing and determination of such action and may, at any time
    before final determination, enter such restraining orders or
    prohibitions, or take such other action as is warranted, to prevent
    injury to the United States or to any person or class of persons
    for whose protection the action is brought.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 13, as added Pub. L. 97-89, title V,
    Sec. 503, Dec. 4, 1981, 95 Stat. 1153.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1981, see section 806 of Pub. L. 97-89,
    set out as a note under section 1621 of Title 10, Armed Forces.

-End-



-CITE-
    50 USC Sec. 403n                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403n. Special provisions for spouses of Central Intelligence
      Agency employees applicable to Agency participants in Civil
      Service Retirement and Disability System

-STATUTE-
    (a) Manner and extent of applicability
      The provisions of sections 2002, 2031(b)(1)-(3), 2031(f),
    2031(g), 2031(h)(2), 2031(i), 2031(l), 2032, 2033, 2034, 2035,
    2052(b), 2071(b), 2071(d), and 2094(b) of this title establishing
    certain requirements, limitations, rights, entitlements, and
    benefits relating to retirement annuities, survivor benefits, and
    lump-sum payments for a spouse or former spouse of an Agency
    employee who is a participant in the Central Intelligence Agency
    Retirement and Disability System shall apply in the same manner and
    to the same extent in the case of an Agency employee who is a
    participant in the Civil Service Retirement and Disability System.
    (b) Regulations
      The Director of the Office of Personnel Management, in
    consultation with the Director of the Central Intelligence Agency,
    shall prescribe such regulations as may be necessary to implement
    the provisions of this section.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 14, as added Pub. L. 97-269, title
    VI, Sec. 612, Sept. 27, 1982, 96 Stat. 1154; amended Pub. L. 99-
    569, title III, Sec. 302(b), Oct. 27, 1986, 100 Stat. 3194; Pub.
    L. 100-178, title IV, Secs. 401(b), 402(b)(3), Dec. 2, 1987, 101
    Stat. 1013, 1014; Pub. L. 102-496, title VIII, Sec. 803(a)(1), Oct.
    24, 1992, 106 Stat. 3251; Pub. L. 108-458, title I, Sec.
    1071(b)(3)(A), Dec. 17, 2004, 118 Stat. 3690.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-458 substituted "Director of the
    Central Intelligence Agency" for "Director of Central
    Intelligence".
      1992 - Subsec. (a). Pub. L. 102-496 substituted references to
    sections 2002, 2031 to 2035, 2052, 2071, and 2094 of this title for
    references in original to sections 204, 221 to 225, 232, 234 and
    263 of the Central Intelligence Agency Retirement Act of 1964 for
    Certain Employees which were formerly set out in a note under
    section 403 of this title.
      1987 - Subsec. (a). Pub. L. 100-178, Sec. 402(b)(3), inserted
    "232(b)," before "234(c), 234(d),".
      Pub. L. 100-178, Sec. 401(b), inserted "225," after "223, 224,".
      1986 - Subsec. (a). Pub. L. 99-569 inserted "224," after "223,".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-496 effective on first day of fourth
    month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102-
    496, set out as an Effective Date note under section 2001 of this
    title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-178 effective Nov. 15, 1982, but not to
    be construed to require forfeiture by any individual of benefits
    received before Dec. 2, 1987, nor to require reduction in level of
    benefits received by any individual who was receiving benefits
    under section 232 of Pub. L. 88-643 before Dec. 2, 1987, see
    section 402(c)-(e) of Pub. L. 100-178, set out as an Effective Date
    of Amendments to Pub. L. 88-643 Prior to Enactment of Pub. L. 102-
    496 note under section 2001 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 302(d) of Pub. L. 99-569 provided that: "The amendments
    made by this section [amending this section and provisions formerly
    set out as a note under section 403 of this title] shall take
    effect on October 1, 1986."

                              EFFECTIVE DATE                          
      Section effective Nov. 15, 1982, see section 613 of Pub. L. 97-
    269 set out as an Effective Date of Amendments to Pub. L. 88-643
    Prior to Enactment of Pub. L. 102-496 note under section 2001 of
    this title.

-End-



-CITE-
    50 USC Sec. 403o                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403o. Security personnel at Agency installations

-STATUTE-
    (a) Special policemen: functions and powers; regulations:
      promulgation and enforcement
      (1) The Director may authorize Agency personnel within the United
    States to perform the same functions as officers and agents of the
    Department of Homeland Security, as provided in section 1315(b)(2)
    of title 40, with the powers set forth in that section, except that
    such personnel shall perform such functions and exercise such
    powers - 
        (A) within the Agency Headquarters Compound and the property
      controlled and occupied by the Federal Highway Administration
      located immediately adjacent to such Compound;
        (B) in the streets, sidewalks, and the open areas within the
      zone beginning at the outside boundary of such Compound and
      property and extending outward 500 feet;
        (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 only
    be applicable to the areas referred to in subparagraph (A) or (C)
    of paragraph (1).
    (b) Penalties for violations of regulations
      The Director is authorized to establish penalties for violations
    of the rules or regulations promulgated by the Director under
    subsection (a) of this section. Such penalties shall not exceed
    those specified in section 1315(c)(2) of title 40.
    (c) Identification
      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.
    (d) Protection of certain CIA personnel from tort liability
      (1) Notwithstanding any other provision of law, any Agency
    personnel designated by the Director under subsection (a) of this
    section, or designated by the Director under section 403f(a)(4) of
    this title to carry firearms for the protection of current or
    former Agency personnel and their immediate families, defectors and
    their immediate families, and other persons in the United States
    under Agency auspices, shall be considered for purposes of chapter
    171 of title 28, or any other provision of law relating to tort
    liability, to be acting within the scope of their office or
    employment when such Agency personnel take reasonable action, which
    may include the use of force, to - 
        (A) protect an individual in the presence of such Agency
      personnel from a crime of violence;
        (B) provide immediate assistance to an individual who has
      suffered or who is threatened with bodily harm; or
        (C) prevent the escape of any individual whom such Agency
      personnel reasonably believe to have committed a crime of
      violence in the presence of such Agency personnel.

      (2) Paragraph (1) shall not affect the authorities of the
    Attorney General under section 2679 of title 28.
      (3) In this subsection, the term "crime of violence" has the
    meaning given that term in section 16 of title 18.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 15, as added Pub. L. 98-473, title I,
    Sec. 140, Oct. 12, 1984, 98 Stat. 1973, as added Pub. L. 98-618,
    title IV, Sec. 401, Nov. 8, 1984, 98 Stat. 3301; amended Pub. L.
    105-107, title IV, Sec. 404, Nov. 20, 1997, 111 Stat. 2260; Pub. L.
    107-306, title VIII, Sec. 841(d), Nov. 27, 2002, 116 Stat. 2432;
    Pub. L. 108-177, title III, Sec. 377(b)(3), title IV, Sec. 402,
    Dec. 13, 2003, 117 Stat. 2630, 2631.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.
      Provisions of this section were also enacted by the Intelligence
    Authorization Act for fiscal year 1985, Pub. L. 98-618, title IV,
    Sec. 401, Nov. 8, 1984, 98 Stat. 3301.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1). Pub. L. 108-177, Sec. 377(b)(3)(A),
    substituted "officers and agents of the Department of Homeland
    Security, as provided in section 1315(b)(2) of title 40," for
    "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 policeman for duty
    upon Federal property under the jurisdiction of the Federal Works
    Agency, and for other purposes' (40 U.S.C. 318),".
      Subsec. (b). Pub. L. 108-177, Sec. 377(b)(3)(B), substituted
    "section 1315(c)(2) of title 40" for "the fourth section of the Act
    referred to in subsection (a) of this section (40 U.S.C. 318c)".
      Subsec. (d). Pub. L. 108-177, Sec. 402, added subsec. (d).
      2002 - Subsec. (a)(5). Pub. L. 107-306 struck out par. (5) which
    read as follows: "Not later than December 1, 1998, and annually
    thereafter, the Director shall submit a report to the Permanent
    Select Committee on Intelligence of the House of Representatives
    and the Select Committee on Intelligence of the Senate that
    describes in detail the exercise of the authority granted by this
    subsection, and the underlying facts supporting the exercise of
    such authority, during the preceding fiscal year. The Director
    shall make such report available to the Inspector General of the
    Central Intelligence Agency."
      1997 - Subsec. (a)(1). Pub. L. 105-107, Sec. 404(1), (2),
    inserted "(1)" after "(a)", substituted "powers - " for "powers
    only within Agency installations, and the rules and regulations
    enforced by such personnel shall be rules and regulations
    promulgated by the Director.", and added subpars. (A) to (D).
      Subsec. (a)(2) to (5). Pub. L. 105-107, Sec. 404(3), added pars.
    (2) to (5).

    DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE AGENCY
                AS THE GEORGE BUSH CENTER FOR INTELLIGENCE
      Reference to the headquarters compound of the Central
    Intelligence Agency deemed to be a reference to the George Bush
    Center for Intelligence, see section 309 of Pub. L. 105-272, set
    out as a note under section 403-4 of this title.

-End-



-CITE-
    50 USC Sec. 403p                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403p. Health benefits for certain former spouses of Central
      Intelligence Agency employees

-STATUTE-
    (a) Persons eligible
      Except as provided in subsection (e) of this section, any
    individual - 
        (1) formerly married to an employee or former employee of the
      Agency, whose marriage was dissolved by divorce or annulment
      before May 7, 1985;
        (2) who, at any time during the eighteen-month period before
      the divorce or annulment became final, was covered under a health
      benefits plan as a member of the family of such employee or
      former employee; and
        (3) who was married to such employee for not less than ten
      years during periods of service by such employee with the Agency,
      at least five years of which were spent outside the United States
      by both the employee and the former spouse,

    is eligible for coverage under a health benefits plan in accordance
    with the provisions of this section.
    (b) Enrollment for health benefits
      (1) Any individual eligible for coverage under subsection (a) of
    this section may enroll in a health benefits plan for self alone or
    for self and family if, before the expiration of the six-month
    period beginning on October 1, 1986, and in accordance with such
    procedures as the Director of the Office of Personnel Management
    shall by regulation prescribe, such individual - 
        (A) files an election for such enrollment; and
        (B) arranges to pay currently into the Employees Health
      Benefits Fund under section 8909 of title 5 an amount equal to
      the sum of the employee and agency contributions payable in the
      case of an employee enrolled under chapter 89 of such title in
      the same health benefits plan and with the same level of
      benefits.

      (2) The Director of the Central Intelligence Agency shall, as
    soon as possible, take all steps practicable - 
        (A) to determine the identity and current address of each
      former spouse eligible for coverage under subsection (a) of this
      section; and
        (B) to notify each such former spouse of that individual's
      rights under this section.

      (3) The Director of the Office of Personnel Management, upon
    notification by the Director of the Central Intelligence Agency,
    shall waive the six-month limitation set forth in paragraph (1) in
    any case in which the Director of the Central Intelligence Agency
    determines that the circumstances so warrant.
    (c) Eligibility of former wives or husbands
      (1) Notwithstanding subsections (a) and (b) of this section and
    except as provided in subsections (d), (e), and (f) of this
    section, an individual - 
        (A) who was divorced on or before December 4, 1991, from a
      participant or retired participant in the Central Intelligence
      Agency Retirement and Disability System or the Federal Employees
      Retirement System Special Category;
        (B) who was married to such participant for not less than ten
      years during the participant's creditable service, at least five
      years of which were spent by the participant during the
      participant's service as an employee of the Agency outside the
      United States, or otherwise in a position the duties of which
      qualified the participant for designation by the Director as a
      participant under section 2013 of this title; 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) of this section, except that the election for such
    enrollment must be submitted within 60 days after the date on which
    the Director notifies the former spouse of such individual's
    eligibility for health insurance coverage under this subsection.
    (d) Continuation of eligibility
      Notwithstanding subsections (a), (b), and (c) of this section and
    except as provided in subsections (e) and (f) of this section, an
    individual divorced on or before December 4, 1991, from a
    participant or retired participant in the Central Intelligence
    Agency Retirement and Disability System or Federal Employees'
    Retirement System Special Category who enrolled in a health
    benefits plan following the dissolution of the marriage to such
    participant may continue enrollment following the death of such
    participant notwithstanding the termination of the retirement
    annuity of such individual.
    (e) Remarriage before age fifty-five; continued enrollment;
      restored eligibility
      (1) Any former spouse who remarries before age fifty-five is not
    eligible to make an election under subsection (b)(1) of this
    section.
      (2) Any former spouse enrolled in a health benefits plan pursuant
    to an election under subsection (b)(1) of this section or to
    subsection (d) of this section may continue the enrollment under
    the conditions of eligibility which the Director of the Office of
    Personnel Management shall by regulation prescribe, except that any
    former spouse who remarries before age fifty-five shall not be
    eligible for continued enrollment under this section after the end
    of the thirty-one-day period beginning on the date of remarriage.
      (3)(A) A former spouse who is not eligible to enroll or to
    continue enrollment in a health benefits plan under this section
    solely because of remarriage before age fifty-five shall be
    restored to such eligibility on the date such remarriage is
    dissolved by death, annulment, or divorce.
      (B) A former spouse whose eligibility is restored under
    subparagraph (A) may, under regulations which the Director of the
    Office of Personnel Management shall prescribe, enroll in a health
    benefits plan if such former spouse - 
        (i) was an individual referred to in paragraph (1) and was an
      individual covered under a benefits plan as a family member at
      any time during the 18-month period before the date of
      dissolution of the marriage to the Agency employee or annuitant;
      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) Enrollment in health benefits plan under other authority
      No individual may be covered by a health benefits plan under this
    section during any period in which such individual is enrolled in a
    health benefits plan under any other authority, nor may any
    individual be covered under more than one enrollment under this
    section.
    (g) "Health benefits plan" defined
      For purposes of this section the term "health benefits plan"
    means an approved health benefits plan under chapter 89 of title 5.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 16, as added Pub. L. 99-569, title
    III, Sec. 303(a), Oct. 27, 1986, 100 Stat. 3194; amended Pub. L.
    102-88, title III, Sec. 307(c), Aug. 14, 1991, 105 Stat. 433; Pub.
    L. 103-178, title II, Sec. 203(c), Dec. 3, 1993, 107 Stat. 2031;
    Pub. L. 108-458, title I, Sec. 1071(b)(2)(B), (b)(3)(B), (C), Dec.
    17, 2004, 118 Stat. 3690, 3691.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(2). Pub. L. 108-458, Sec. 1071(b)(3)(B),
    substituted "Director of the Central Intelligence Agency" for
    "Director of Central Intelligence" in introductory provisions.
      Subsec. (b)(3). Pub. L. 108-458, Sec. 1071(b)(3)(C), substituted
    "Director of the Central Intelligence Agency" for "Director of
    Central Intelligence" in two places.
      Subsec. (c)(1)(B). Pub. L. 108-458, Sec. 1071(b)(2)(B), struck
    out "of Central Intelligence" after "Director".
      1993 - Subsec. (a). Pub. L. 103-178, Sec. 203(c)(2)(A),
    substituted "subsection (e)" for "subsection (c)(1)" in
    introductory provisions.
      Subsecs. (c), (d). Pub. L. 103-178, Sec. 203(c)(1), added
    subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (e)
    and (f), respectively.
      Subsec. (e). Pub. L. 103-178, Sec. 203(c)(2)(B), inserted "or to
    subsection (d) of this section" after "subsection (b)(1) of this
    section" in par. (2).
      Pub. L. 103-178, Sec. 203(c)(1)(A), redesignated subsec. (c) as
    (e). Former subsec. (e) redesignated (g).
      Subsecs. (f), (g). Pub. L. 103-178, Sec. 203(c)(1)(A),
    redesignated subsecs. (d) and (e) as (f) and (g), respectively.
      1991 - Subsec. (c)(3). Pub. L. 102-88 added par. (3).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 203(c) of Pub. L. 103-178 applicable to
    individuals on and after Oct. 1, 1994, with no benefits provided
    pursuant to section 203(c) payable with respect to any period
    before Oct. 1, 1994, except that subsec. (d) of this section
    applicable to individuals beginning Dec. 3, 1993, see section
    203(e) of Pub. L. 103-178, set out as a Survivor Annuity,
    Retirement Annuity, and Health Benefits for Certain Ex-Spouses of
    Central Intelligence Agency Employees; Effective Date note under
    section 2032 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 307(d) of Pub. L. 102-88 provided that: "The amendments
    made by this section [amending this section and provisions formerly
    set out as a note under section 403 of this title] shall take
    effect as of October 1, 1990. No benefits provided pursuant to the
    amendments made by this section shall be payable with respect to
    any period before such date."

                              EFFECTIVE DATE                          
      Section 303(b) of Pub. L. 99-569 provided that: "The amendment
    made by this section [enacting this section] shall take effect on
    October 1, 1986."

                        COMPLIANCE WITH BUDGET ACT                    
      Section 307(e) of Pub. L. 102-88 provided that: "Any new spending
    authority (within the meaning of section 401(c) of the
    Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided
    pursuant to the amendments made by this section [amending this
    section and provisions formerly set out as a note under section 403
    of this title] shall be effective for any fiscal year only to such
    extent or in such amounts as are provided in advance in
    appropriation Acts."

-End-



-CITE-
    50 USC Sec. 403q                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403q. Inspector General for Agency

-STATUTE-
    (a) Purpose; establishment
      In order to - 
        (1) create an objective and effective office, appropriately
      accountable to Congress, to initiate and conduct independently
      inspections, investigations, and audits relating to programs and
      operations of the Agency;
        (2) provide leadership and recommend policies designed to
      promote economy, efficiency, and effectiveness in the
      administration of such programs and operations, and detect fraud
      and abuse in such programs and operations;
        (3) provide a means for keeping the Director fully and
      currently informed about problems and deficiencies relating to
      the administration of such programs and operations, and the
      necessity for and the progress of corrective actions; and
        (4) in the manner prescribed by this section, ensure that the
      Senate Select Committee on Intelligence and the House Permanent
      Select Committee on Intelligence (hereafter in this section
      referred to collectively as the "intelligence committees") are
      kept similarly informed of significant problems and deficiencies
      as well as the necessity for and the progress of corrective
      actions,

    there is hereby established in the Agency an Office of Inspector
    General (hereafter in this section referred to as the "Office").
    (b) Appointment; supervision; removal
      (1) There shall be at the head of the Office an Inspector General
    who shall be appointed by the President, by and with the advice and
    consent of the Senate. This appointment shall be made without
    regard to political affiliation and shall be solely on the basis of
    integrity, compliance with the security standards of the Agency,
    and prior experience in the field of foreign intelligence. Such
    appointment shall also be made on the basis of demonstrated ability
    in accounting, financial analysis, law, management analysis, public
    administration, or auditing.
      (2) The Inspector General shall report directly to and be under
    the general supervision of the Director.
      (3) The Director may prohibit the Inspector General from
    initiating, carrying out, or completing any audit, inspection, or
    investigation, or from issuing any subpoena, after the Inspector
    General has decided to initiate, carry out, or complete such audit,
    inspection, or investigation or to issue such subpoena, if the
    Director determines that such prohibition is necessary to protect
    vital national security interests of the United States.
      (4) If the Director exercises any power under paragraph (3), he
    shall submit an appropriately classified statement of the reasons
    for the exercise of such power within seven days to the
    intelligence committees. The Director shall advise the Inspector
    General at the time such report is submitted, and, to the extent
    consistent with the protection of intelligence sources and methods,
    provide the Inspector General with a copy of any such report. In
    such cases, the Inspector General may submit such comments to the
    intelligence committees that he considers appropriate.
      (5) In accordance with section 535 of title 28, the Inspector
    General shall report to the Attorney General any information,
    allegation, or complaint received by the Inspector General relating
    to violations of Federal criminal law that involve a program or
    operation of the Agency, consistent with such guidelines as may be
    issued by the Attorney General pursuant to subsection (b)(2) of
    such section. A copy of all such reports shall be furnished to the
    Director.
      (6) The Inspector General may be removed from office only by the
    President. The President shall immediately communicate in writing
    to the intelligence committees the reasons for any such removal.
    (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 a
    classified semiannual report summarizing the activities of the
    Office during the immediately preceding six-month periods ending
    December 31 (of the preceding year) and June 30, respectively. Not
    later than the dates each year provided for the transmittal of such
    reports in section 507 of the National Security Act of 1947 [50
    U.S.C. 415b], the Director shall transmit such reports to the
    intelligence committees with any comments he may deem appropriate.
    Such reports shall, at a minimum, include a list of the title or
    subject of each inspection, investigation, or audit conducted
    during the reporting period and - 
        (A) a description of significant problems, abuses, and
      deficiencies relating to the administration of programs and
      operations of the Agency identified by the Office during the
      reporting period;
        (B) a description of the recommendations for corrective action
      made by the Office during the reporting period with respect to
      significant problems, abuses, or deficiencies identified in
      subparagraph (A);
        (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) of this section by the Inspector General
      during the reporting period; and
        (F) such recommendations as the Inspector General may wish to
      make concerning legislation to promote economy and efficiency in
      the administration of programs and operations undertaken by the
      Agency, and to detect and eliminate fraud and abuse in such
      programs and operations.

      (2) The Inspector General shall report immediately to the
    Director whenever he becomes aware of particularly serious or
    flagrant problems, abuses, or deficiencies relating to the
    administration of programs or operations. The Director shall
    transmit such report to the intelligence committees within seven
    calendar days, together with any comments he considers appropriate.
      (3) In the event that - 
        (A) the Inspector General is unable to resolve any differences
      with the Director affecting the execution of the Inspector
      General's duties or responsibilities;
        (B) an investigation, inspection, or audit carried out by the
      Inspector General should focus on any current or former Agency
      official who - 
          (i) holds or held a position in the Agency that is subject to
        appointment by the President, by and with the advise (!1) and
        consent of the Senate, including such a position held on an
        acting basis; or

          (ii) holds or held the position in the Agency, including such
        a position held on an acting basis, of - 
            (I) Executive Director;
            (II) Deputy Director for Operations;
            (III) Deputy Director for Intelligence;
            (IV) Deputy Director for Administration; or
            (V) Deputy Director for Science and Technology;

        (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
      criminal conduct of any of the officials described in
      subparagraph (B); or
        (E) the Inspector General, after exhausting all possible
      alternatives, is unable to obtain significant documentary
      information in the course of an investigation, inspection, or
      audit,

    the Inspector General shall immediately notify and submit a report
    on such matter to the intelligence committees.
      (4) Pursuant to Title V of the National Security Act of 1947 [50
    U.S.C. 413 et seq.], the Director shall submit to the intelligence
    committees any report or findings and recommendations of an
    inspection, investigation, or audit conducted by the office which
    has been requested by the Chairman or Ranking Minority Member of
    either committee.
      (5)(A) An employee of the Agency, or of a contractor to the
    Agency, who intends to report to Congress a complaint or
    information with respect to an urgent concern may report such
    complaint or information to the Inspector General.
      (B) Not later than the end of the 14-calendar day period
    beginning on the date of receipt from an employee of a complaint or
    information under subparagraph (A), the Inspector General shall
    determine whether the complaint or information appears credible.
    Upon making such a determination, the Inspector General shall
    transmit to the Director notice of that determination, together
    with the complaint or information.
      (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.
      (G) In this paragraph:
        (i) The term "urgent concern" means any of the following:
          (I) A serious or flagrant problem, abuse, violation of law or
        Executive order, or deficiency relating to the funding,
        administration, or operations of an intelligence activity
        involving classified information, but does not include
        differences of opinions concerning public policy matters.
          (II) A false statement to Congress, or a willful withholding
        from Congress, on an issue of material fact relating to the
        funding, administration, or operation of an intelligence
        activity.
          (III) An action, including a personnel action described in
        section 2302(a)(2)(A) of title 5, constituting reprisal or
        threat of reprisal prohibited under subsection (e)(3)(B) of
        this section in response to an employee's reporting an urgent
        concern in accordance with this paragraph.

        (ii) The term "intelligence committees" means the Permanent
      Select Committee on Intelligence of the House of Representatives
      and the Select Committee on Intelligence of the Senate.
    (e) Authorities of Inspector General
      (1) The Inspector General shall have direct and prompt access to
    the Director when necessary for any purpose pertaining to the
    performance of his duties.
      (2) The Inspector General shall have access to any employee or
    any employee of a contractor of the Agency whose testimony is
    needed for the performance of his duties. In addition, he shall
    have direct access to all records, reports, audits, reviews,
    documents, papers, recommendations, or other material which relate
    to the programs and operations with respect to which the Inspector
    General has responsibilities under this section. Failure on the
    part of any employee or contractor to cooperate with the Inspector
    General shall be grounds for appropriate administrative actions by
    the Director, to include loss of employment or the termination of
    an existing contractual relationship.
      (3) The Inspector General is authorized to receive and
    investigate complaints or information from any person concerning
    the existence of an activity constituting a violation of laws,
    rules, or regulations, or mismanagement, gross waste of funds,
    abuse of authority, or a substantial and specific danger to the
    public health and safety. Once such complaint or information has
    been received from an employee of the Agency - 
        (A) the Inspector General shall not disclose the identity of
      the employee without the consent of the employee, unless the
      Inspector General determines that such disclosure is unavoidable
      during the course of the investigation or the disclosure is made
      to an official of the Department of Justice responsible for
      determining whether a prosecution should be undertaken; and
        (B) no action constituting a reprisal, or threat of reprisal,
      for making such complaint may be taken by any employee of the
      Agency in a position to take such actions, unless the complaint
      was made or the information was disclosed with the knowledge that
      it was false or with willful disregard for its truth or falsity.

      (4) The Inspector General shall have authority to administer to
    or take from any person an oath, affirmation, or affidavit,
    whenever necessary in the performance of his duties, which oath
    (!2) affirmation, or affidavit when administered or taken by or
    before an employee of the Office designated by the Inspector
    General shall have the same force and effect as if administered or
    taken by or before an officer having a seal.

      (5)(A) Except as provided in subparagraph (B), the Inspector
    General is authorized to require by subpoena the production of all
    information, documents, reports, answers, records, accounts,
    papers, and other data and documentary evidence necessary in the
    performance of the duties and responsibilities of the Inspector
    General.
      (B) In the case of Government agencies, the Inspector General
    shall obtain information, documents, reports, answers, records,
    accounts, papers, and other data and evidence for the purpose
    specified in subparagraph (A) using procedures other than by
    subpoenas.
      (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 National Intelligence in
    consultation with the intelligence committees, the Director of
    National Intelligence shall include in the National Intelligence
    Program budget a separate account for the Office of Inspector
    General established pursuant to this section.
    (g) Transfer
      There shall be transferred to the Office the office of the Agency
    referred to as the "Office of Inspector General." The personnel,
    assets, liabilities, contracts, property, records, and unexpended
    balances of appropriations, authorizations, allocations, and other
    funds employed, held, used, arising from, or available to such
    "Office of Inspector General" are hereby transferred to the Office
    established pursuant to this section.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 17, as added Pub. L. 100-453, title
    V, Sec. 504, Sept. 29, 1988, 102 Stat. 1910; amended Pub. L. 101-
    193, title VIII, Sec. 801, Nov. 30, 1989, 103 Stat. 1711; Pub. L.
    102-496, title VI, Sec. 601, Oct. 24, 1992, 106 Stat. 3187; Pub. L.
    103-359, title IV, Sec. 402, Oct. 14, 1994, 108 Stat. 3427; Pub. L.
    104-93, title IV, Sec. 403, Jan. 6, 1996, 109 Stat. 969; Pub. L.
    105-107, title IV, Sec. 402, Nov. 20, 1997, 111 Stat. 2257; Pub. L.
    105-272, title VII, Sec. 702(a), Oct. 20, 1998, 112 Stat. 2414;
    Pub. L. 106-567, title IV, Secs. 402, 403, Dec. 27, 2000, 114 Stat.
    2847, 2848; Pub. L. 107-108, title III, Sec. 309(a), Dec. 28, 2001,
    115 Stat. 1399; Pub. L. 107-306, title VIII, Sec. 811(b)(2), Nov.
    27, 2002, 116 Stat. 2422; Pub. L. 108-458, title I, Secs.
    1071(b)(1)(B), (2)(C), 1074(b)(2), Dec. 17, 2004, 118 Stat. 3690,
    3694.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Security Act of 1947, referred to in subsec. (d)(4),
    is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of
    the Act is classified generally to subchapter III (Sec. 413 et
    seq.) of this chapter. For complete classification of this Act to
    the Code, see Short Title note set out under section 401 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d)(1). Pub. L. 108-458, Sec. 1071(b)(2)(C),
    struck out "of Central Intelligence" after "to the Director" in
    introductory provisions.
      Subsec. (f). Pub. L. 108-458, Secs. 1071(b)(1)(B), 1074(b)(2),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence" in two places and "National Intelligence
    Program" for "National Foreign Intelligence Program".
      2002 - Subsec. (d)(1). Pub. L. 107-306 substituted "Not later
    than the dates each year provided for the transmittal of such
    reports in section 507 of the National Security Act of 1947," for
    "Within thirty days of receipt of such reports," in introductory
    provisions.
      2001 - Subsec. (d)(5)(B). Pub. L. 107-108, Sec. 309(a)(1),
    substituted "Upon making such a determination, the Inspector
    General shall transmit to the Director notice of that
    determination, together with the complaint or information." for "If
    the Inspector General determines that the complaint or information
    appears credible, the Inspector General shall, before the end of
    such period, transmit the complaint or information to the
    Director."
      Subsec. (d)(5)(D)(i). Pub. L. 107-108, Sec. 309(a)(2),
    substituted "does not find credible under subparagraph (B) a
    complaint or information submitted under subparagraph (A), or does
    not transmit the complaint or information to the Director in
    accurate form under subparagraph (B)," for "does not transmit, or
    does not transmit in an accurate form, the complaint or information
    described in subparagraph (B),".
      2000 - Subsec. (d)(1)(E). Pub. L. 106-567, Sec. 402(a)(1), added
    subpar. (E) and struck out former subpar. (E) which read as
    follows: "a description of all cases occurring during the reporting
    period where the Inspector General could not obtain documentary
    evidence relevant to any inspection, audit, or investigation due to
    his lack of authority to subpoena such information; and".
      Subsec. (d)(3). Pub. L. 106-567, Sec. 403, added subpars. (B) to
    (E) and concluding provisions and struck out former subpars. (B)
    and (C) which read as follows:
      "(B) an investigation, inspection, or audit carried out by the
    Inspector General should focus upon the Director or Acting
    Director; or
      "(C) the Inspector General, after exhausting all possible
    alternatives, is unable to obtain significant documentary
    information in the course of an investigation, inspection, or
    audit, the Inspector General shall immediately report such matter
    to the intelligence committees."
      Subsec. (e)(5)(E). Pub. L. 106-567, Sec. 402(a)(2), struck out
    subpar. (E) which read as follows: "Not later than January 31 and
    July 31 of each year, the Inspector General shall submit to the
    Select Committee on Intelligence of the Senate and the Permanent
    Select Committee on Intelligence of the House of Representatives a
    report of the Inspector General's exercise of authority under this
    paragraph during the preceding six months."
      Subsec. (e)(8). Pub. L. 106-567, Sec. 402(b), substituted
    "Government" for "Federal" wherever appearing.
      1998 - Subsec. (d). Pub. L. 105-272 inserted "; reports to
    Congress on urgent concerns" after "functional problems" in heading
    and added par. (5).
      1997 - Subsec. (b)(3). Pub. L. 105-107, Sec. 402(b), inserted ",
    or from issuing any subpoena, after the Inspector General has
    decided to initiate, carry out, or complete such audit, inspection,
    or investigation or to issue such subpoena," after "or
    investigation".
      Subsec. (e)(5) to (8). Pub. L. 105-107, Sec. 402(a), added par.
    (5) and redesignated former pars. (5) to (7) as (6) to (8),
    respectively.
      1996 - Subsec. (b)(5). Pub. L. 104-93, Sec. 403(a), amended par.
    (5) generally. Prior to amendment, par. (5) read as follows: "In
    accordance with section 535 of title 28, the Director shall report
    to the Attorney General any information, allegation, or complaint
    received from the Inspector General, relating to violations of
    Federal criminal law involving any officer or employee of the
    Agency, consistent with such guidelines as may be issued by the
    Attorney General pursuant to subsection (b)(2) of such section. A
    copy of all such reports shall be furnished to the Inspector
    General."
      Subsec. (e)(3)(A). Pub. L. 104-93, Sec. 403(b), inserted "or the
    disclosure is made to an official of the Department of Justice
    responsible for determining whether a prosecution should be
    undertaken" after "investigation".
      1994 - Subsec. (b)(1). Pub. L. 103-359, Sec. 402(1), substituted
    "analysis, public administration, or auditing" for "analysis, or
    public administration".
      Subsec. (c)(1). Pub. L. 103-359, Sec. 402(2), substituted "to
    plan, conduct" for "to conduct".
      Subsec. (d)(1). Pub. L. 103-359, Sec. 402(3), in introductory
    provisions, substituted "January 31 and July 31" for "June 30 and
    December 31" and "periods ending December 31 (of the preceding
    year) and June 30, respectively" for "period" and inserted "of
    receipt of such reports" after "thirty days".
      Subsec. (d)(3)(C). Pub. L. 103-359, Sec. 402(4), substituted
    "investigation, inspection, or audit," for "investigation,".
      Subsec. (d)(4). Pub. L. 103-359, Sec. 402(5), inserted "or
    findings and recommendations" after "report".
      Subsec. (e)(6). Pub. L. 103-359, Sec. 402(6), substituted "the
    Inspector General shall" for "it is the sense of Congress that the
    Inspector General should".
      1992 - Subsec. (e)(3). Pub. L. 102-496, in introductory
    provisions, substituted "any person" for "an employee of the
    Agency" and inserted "from an employee of the Agency" after
    "received".
      1989 - Pub. L. 101-193 amended section generally, substituting
    subsecs. (a) to (g) relating to establishment of the Office of
    Inspector General and appointment, duties, and authority of
    Inspector General for introductory par. and subsecs. (a) to (e)
    relating to various reports to be filed with the intelligence
    committees by Director of Central Intelligence concerning selection
    and activities of Inspector General.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 4th item on page 156, relating to the transmittal of
    semiannual reports to the intelligence committees, identifies a
    reporting provision which, as subsequently amended, is contained in
    subsec. (d)(1) of this section), see section 3003 of Pub. L. 104-
    66, as amended, set out as a note under section 1113 of Title 31,
    Money and Finance.

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

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


-End-



-CITE-
    50 USC Sec. 403r                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403r. Special annuity computation rules for certain employees'
      service abroad

-STATUTE-
    (a) Officers and employees to whom rules apply
      Notwithstanding any provision of chapter 83 of title 5, the
    annuity under subchapter III of such chapter of an officer or
    employee of the Central Intelligence Agency who retires on or after
    October 1, 1989, is not designated under section 2013 of this
    title, and has served abroad as an officer or employee of the
    Agency on or after January 1, 1987, shall be computed as provided
    in subsection (b) of this section.
    (b) Computation rules
      (1) The portion of the annuity relating to such service abroad
    that is actually performed at any time during the officer's or
    employee's first ten years of total service shall be computed at
    the rate and using the percent of average pay specified in section
    8339(a)(3) of title 5 that is normally applicable only to so much
    of an employee's total service as exceeds ten years.
      (2) The portion of the annuity relating to service abroad as
    described in subsection (a) of this section but that is actually
    performed at any time after the officer's or employee's first ten
    years of total service shall be computed as provided in section
    8339(a)(3) of title 5; but, in addition, the officer or employee
    shall be deemed for annuity computation purposes to have actually
    performed an equivalent period of service abroad during his or her
    first ten years of total service, and in calculating the portion of
    the officer's or employee's annuity for his or her first ten years
    of total service, the computation rate and percent of average pay
    specified in paragraph (1) shall also be applied to the period of
    such deemed or equivalent service abroad.
      (3) The portion of the annuity relating to other service by an
    officer or employee as described in subsection (a) of this section
    shall be computed as provided in the provisions of section 8339(a)
    of title 5 that would otherwise be applicable to such service.
      (4) For purposes of this subsection, the term "total service" has
    the meaning given such term under chapter 83 of title 5.
    (c) Annuities deemed annuities under section 8339 of title 5
      For purposes of subsections (f) through (m) of section 8339 of
    title 5, an annuity computed under this section shall be deemed to
    be an annuity computed under subsections (a) and (o) (!1) of
    section 8339 of title 5.

    (d) Officers and employees entitled to greater annuities under
      section 8339 of title 5
      The provisions of subsection (a) of this section shall not apply
    to an officer or employee of the Central Intelligence Agency who
    would otherwise be entitled to a greater annuity computed under an
    otherwise applicable subsection of section 8339 of title 5.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 18, as added Pub. L. 101-193, title
    III, Sec. 305, Nov. 30, 1989, 103 Stat. 1704; amended Pub. L. 102-
    496, title VIII, Sec. 803(a)(2), Oct. 24, 1992, 106 Stat. 3252.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (o) of section 8339 of title 5, referred to in subsec.
    (c), was redesignated subsec. (p) of that section by Pub. L. 102-
    378, Sec. 2(62), Oct. 2, 1992, 106 Stat. 1354.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-496 substituted reference to
    section 2013 of this title for reference in original to section 203
    of the Central Intelligence Agency Retirement Act of 1964 for
    Certain Employees which was formerly set out as a note under
    section 403 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-496 effective on first day of fourth
    month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102-
    496, set out as an Effective Date note under section 2001 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 403r-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

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

-STATUTE-
      The special accrual rates provided by section 2153 of this title
    and by section 403r of this title for computation of the annuity of
    an individual who has served abroad as an officer or employee of
    the Central Intelligence Agency shall be used to compute that
    portion of the annuity of such individual relating to such service
    abroad whether or not the individual is employed by the Central
    Intelligence Agency at the time of retirement from Federal service.

-SOURCE-
    (Pub. L. 101-193, title III, Sec. 306, Nov. 30, 1989, 103 Stat.
    1704; Pub. L. 103-178, title II, Sec. 204(a), Dec. 3, 1993, 107
    Stat. 2033.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization
    Act, Fiscal Year 1990, and not as part of the Central Intelligence
    Agency Act of 1949 which is classified to section 403a et seq. of
    this title, nor as part of the National Security Act of 1947 which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-178 substituted reference to section 2153 of
    this title for reference in original to section 303 of the Central
    Intelligence Agency Retirement Act of 1964 for Certain Employees.

-End-



-CITE-
    50 USC Sec. 403s                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403s. Special rules for disability retirement and death-in-
      service benefits with respect to certain employees

-STATUTE-
    (a) Officers and employees to whom section 2051 rules apply
      Notwithstanding any other provision of law, an officer or
    employee of the Central Intelligence Agency subject to retirement
    system coverage under subchapter III of chapter 83 of title 5 who -
    
        (1) has five years of civilian service credit toward retirement
      under such subchapter III of chapter 83, title 5;
        (2) has not been designated under section 2013 of this
      title,(!1) as a participant in the Central Intelligence Agency
      Retirement and Disability System;

        (3) has become disabled during a period of assignment to the
      performance of duties that are qualifying toward such designation
      under such section 2013 of this title; and
        (4) satisfies the requirements for disability retirement under
      section 8337 of title 5 - 

    shall, upon his own application or upon order of the Director, be
    retired on an annuity computed in accordance with the rules
    prescribed in section 2051 of this title, in lieu of an annuity
    computed as provided by section 8337 of title 5.
    (b) Survivors of officers and employees to whom section 2052 rules
      apply
      Notwithstanding any other provision of law, in the case of an
    officer or employee of the Central Intelligence Agency subject to
    retirement system coverage under subchapter III of chapter 83,
    title 5, who - 
        (1) has at least eighteen months of civilian service credit
      toward retirement under such subchapter III of chapter 83, title
      5;
        (2) has not been designated under section 2013 of this
      title,(!1) as a participant in the Central Intelligence Agency
      Retirement and Disability System;
        (3) prior to separation or retirement from the Agency, dies
      during a period of assignment to the performance of duties that
      are qualifying toward such designation under such section 2013 of
      this title; and
        (4) is survived by a surviving spouse, former spouse, or child
      as defined in section 2002 of this title, who would otherwise be
      entitled to an annuity under section 8341 of title 5 - 

    such surviving spouse, former spouse, or child of such officer or
    employee shall be entitled to an annuity computed in accordance
    with section 2052 of this title, in lieu of an annuity computed in
    accordance with section 8341 of title 5.
    (c) Annuities under this section deemed annuities under chapter 83
      of title 5
      The annuities provided under subsections (a) and (b) of this
    section shall be deemed to be annuities under chapter 83 of title 5
    for purposes of the other provisions of such chapter and other laws
    (including title 26) relating to such annuities, and shall be
    payable from the Central Intelligence Agency Retirement and
    Disability Fund maintained pursuant to section 2012 of this title.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 19, as added Pub. L. 101-193, title
    III, Sec. 307(a), Nov. 30, 1989, 103 Stat. 1705; amended Pub. L.
    102-496, title VIII, Sec. 803(a)(3), Oct. 24, 1992, 106 Stat. 3252;
    Pub. L. 103-178, title V, Sec. 501(3), Dec. 3, 1993, 107 Stat.
    2038.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-178, Sec. 501(3)(A), (C),
    substituted "section 2052" for "section 2051" in heading and
    closing provisions.
      Subsec. (b)(2). Pub. L. 103-178, Sec. 501(3)(B), made technical
    amendment to reference to section 2013 of this title to update
    reference to corresponding section of original act.
      1992 - Subsec. (a). Pub. L. 102-496, Sec. 803(a)(3)(A), inserted
    heading, redesignated cl. (i) as par. (1), in cl. (ii), substituted
    reference to section 2013 of this title for reference in original
    to section 203 of the Central Intelligence Agency Retirement Act of
    1964 for Certain Employees, as amended, which was formerly set out
    as a note under section 403 of this title, and redesignated such
    cl. as par. (2), in cl. (iii), inserted "such" before reference to
    section 2013 of this title and redesignated such cl. as par. (3),
    redesignated cl. (iv) as par. (4), and substituted reference to
    section 2051 of this title for "such section 231" in concluding
    provisions.
      Subsec. (b). Pub. L. 102-496, Sec. 803(a)(3)(B)(i), (ii), (iv)-
    (vi), inserted heading, redesignated cl. (i) as par. (1), in cl.
    (ii), substituted reference to section 2013 of this title for
    reference in original to section 203 of the Central Intelligence
    Agency Retirement Act of 1964 for Certain Employees, as amended,
    which was formerly set out as a note under section 403 of this
    title, and redesignated cl. (ii) as par. (2), redesignated cls.
    (iii) and (iv) as pars. (3) and (4), respectively, and in
    concluding provisions, substituted "surviving spouse, former
    spouse, or child" for "widow or widower, former spouse, and/or
    child or children" and substituted reference to section 2051 of
    this title for "such section 232".
      Pub. L. 102-496, Sec. 803(a)(3)(B)(iii), which directed the
    substitution of "surviving spouse, former spouse, or child as
    defined in section 2002 of this title" in cl. (iv) for "widow or
    widower, former spouse, and/or child or children as defined in
    section 204 and section 232 of such the Central Intelligence Agency
    Retirement Act of 1964 for Certain Employees", was executed by
    making the substitution for "widow or widower, former spouse,
    and/or a child or children as defined in section 204 and section
    232 of the Central Intelligence Agency Retirement Act of 1964 for
    Certain Employees", to reflect the probable intent of Congress.
      Subsec. (c). Pub. L. 102-496, Sec. 803(a)(3)(D)(i)-(iii),
    inserted heading, struck out par. (1) designation before "The
    annuities provided", substituted "maintained pursuant to section
    2012 of this title" for "established by section 202 of the Central
    Intelligence Agency Retirement Act of 1964 for Certain Employees",
    and struck out par. (2) which read as follows: "The annuities
    and/or other benefits provided under subsections (c) and (d) of
    this section shall be deemed to be annuities and/or benefits under
    chapter 84 of title 5 for purposes of the other provisions of such
    chapter and other laws (including title 26) relating to such
    annuities and/or benefits, but shall be payable from the Central
    Intelligence Agency Retirement and Disability Fund established by
    section 202 of the Central Intelligence Agency Retirement Act of
    1964 for Certain Employees."
      Pub. L. 102-496, Sec. 803(a)(3)(C), (D), redesignated subsec. (e)
    as (c) and struck out former subsec. (c) which provided for
    retirement of officers and employees of the Central Intelligence
    Agency as though designated pursuant to section 302(a) of Pub. L.
    88-643 which was formerly set out as a note under section 403 of
    this title.
      Subsec. (d). Pub. L. 102-496, Sec. 803(a)(3)(C), struck out
    subsec. (d) which provided that survivors of officers and employees
    of the Central Intelligence Agency were to receive benefits as
    though deceased had been designated pursuant to section 302(a) of
    Pub. L. 88-643, which was formerly set out as a note under section
    403 of this title.
      Subsec. (e). Pub. L. 102-496, Sec. 803(a)(3)(D), redesignated
    subsec. (e) as (c).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-496 effective on first day of fourth
    month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102-
    496, set out as an Effective Date note under section 2001 of this
    title.

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


-End-



-CITE-
    50 USC Sec. 403t                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403t. General Counsel of Central Intelligence Agency

-STATUTE-
    (a) Appointment
      There is a General Counsel of the Central Intelligence Agency,
    appointed from civilian life by the President, by and with the
    advice and consent of the Senate.
    (b) Chief legal officer
      The General Counsel is the chief legal officer of the Central
    Intelligence Agency.
    (c) Functions
      The General Counsel of the Central Intelligence Agency shall
    perform such functions as the Director may prescribe.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 20, as added Pub. L. 104-293, title
    VIII, Sec. 813(a), Oct. 11, 1996, 110 Stat. 3483; amended Pub. L.
    108-458, title I, Sec. 1071(b)(2)(D), Dec. 17, 2004, 118 Stat.
    3690.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-458 struck out "of Central
    Intelligence" after "Director".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                 APPLICABILITY OF APPOINTMENT REQUIREMENTS             
      Section 813(b) of Pub. L. 104-293 provided that: "The requirement
    established by section 20 of the Central Intelligence Agency Act of
    1949 [50 U.S.C. 403t], as added by subsection (a), for the
    appointment by the President, by and with the advice and consent of
    the Senate, of an individual to the position of General Counsel of
    the Central Intelligence Agency shall apply as follows:
        "(1) To any vacancy in such position that occurs after the date
      of the enactment of this Act [Oct. 11, 1996].
        "(2) To the incumbent serving in such position on the date of
      the enactment of this Act as of the date that is six months after
      such date of enactment, if such incumbent has served in such
      position continuously between such date of enactment and the date
      that is six months after such date of enactment."

-End-



-CITE-
    50 USC Sec. 403u                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403u. Central services program

-STATUTE-
    (a) In general
      The Director may carry out a program under which elements of the
    Agency provide items and services on a reimbursable basis to other
    elements of the Agency, nonappropriated fund entities or
    instrumentalities associated or affiliated with the Agency, and
    other Government agencies. The Director shall carry out the program
    in accordance with the provisions of this section.
    (b) Participation of Agency elements
      (1) In order to carry out the program, the Director shall - 
        (A) designate the elements of the Agency that are to provide
      items or services under the program (in this section referred to
      as "central service providers");
        (B) specify the items or services to be provided under the
      program by such providers; and
        (C) assign to such providers for purposes of the program such
      inventories, equipment, and other assets (including equipment on
      order) as the Director determines necessary to permit such
      providers to provide items or services under the program.

      (2) The designation of elements and the specification of items
    and services under paragraph (1) shall be subject to the approval
    of the Director of the Office of Management and Budget.
    (c) Central Services Working Capital Fund
      (1) There is established a fund to be known as the Central
    Services Working Capital Fund (in this section referred to as the
    "Fund"). The purpose of the Fund is to provide sums for activities
    under the program.
      (2) There shall be deposited in the Fund the following:
        (A) Amounts appropriated to the Fund.
        (B) Amounts credited to the Fund from payments received by
      central service providers under subsection (e) of this section.
        (C) Fees imposed and collected under subsection (f)(1) of this
      section.
        (D) Amounts received in payment for loss or damage to equipment
      or property of a central service provider as a result of
      activities under the program.
        (E) Other receipts from the sale or exchange of equipment or
      property of a central service provider as a result of activities
      under the program.
        (F) Receipts from individuals in reimbursement for utility
      services and meals provided under the program.
        (G) Receipts from individuals for the rental of property and
      equipment under the program.
        (H) Such other amounts as the Director is authorized to deposit
      in or transfer to the Fund.

      (3) Amounts in the Fund shall be available, without fiscal year
    limitation, for the following purposes:
        (A) To pay the costs of providing items or services under the
      program.
        (B) To pay the costs of carrying out activities under
      subsection (f)(2) of this section.
    (d) Limitation on amount of orders
      The total value of all orders for items or services to be
    provided under the program in any fiscal year may not exceed an
    amount specified in advance by the Director of the Office of
    Management and Budget.
    (e) Payment for items and services
      (1) A Government agency provided items or services under the
    program shall pay the central service provider concerned for such
    items or services an amount equal to the costs incurred by the
    provider in providing such items or services plus any fee imposed
    under subsection (f) of this section. In calculating such costs,
    the Director shall take into account personnel costs (including
    costs associated with salaries, annual leave, and workers'
    compensation), plant and equipment costs (including depreciation of
    plant and equipment other than structures owned by the Agency),
    operation and maintenance expenses, amortized costs, and other
    expenses.
      (2) Payment for items or services under paragraph (1) may take
    the form of an advanced payment by an agency from appropriations
    available to such agency for the procurement of such items or
    services.
    (f) Fees
      (1) The Director may permit a central service provider to impose
    and collect a fee with respect to the provision of an item or
    service under the program. The amount of the fee may not exceed an
    amount equal to four percent of the payment received by the
    provider for the item or service.
      (2) 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.
    (g) Termination
      (1) Subject to paragraph (2), the Director of the Central
    Intelligence Agency 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 the Central Intelligence Agency and the
    Director of the Office of Management and Budget may not undertake
    any action under paragraph (1) until 60 days after the date on
    which the Directors jointly submit notice of such action to the
    Permanent Select Committee on Intelligence of the House of
    Representatives and the Select Committee on Intelligence of the
    Senate.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 21, as added Pub. L. 105-107, title
    IV, Sec. 403(a), Nov. 20, 1997, 111 Stat. 2258; amended Pub. L. 106-
    120, title IV, Sec. 401, Dec. 3, 1999, 113 Stat. 1615; Pub. L. 106-
    567, title IV, Sec. 401, Dec. 27, 2000, 114 Stat. 2847; Pub. L.
    107-108, title IV, Sec. 401, Dec. 28, 2001, 115 Stat. 1403; Pub. L.
    107-306, title VIII, Sec. 841(e), Nov. 27, 2002, 116 Stat. 2432;
    Pub. L. 108-177, title IV, Sec. 403, Dec. 13, 2003, 117 Stat. 2632;
    Pub. L. 108-458, title I, Sec. 1071(b)(3)(D), (E), Dec. 17, 2004,
    118 Stat. 3691.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (g)(1). Pub. L. 108-458, Sec. 1071(b)(3)(D),
    substituted "Director of the Central Intelligence Agency" for
    "Director of Central Intelligence" in introductory provisions.
      Subsec. (g)(2). Pub. L. 108-458, Sec. 1071(b)(3)(E), substituted
    "Director of the Central Intelligence Agency" for "Director of
    Central Intelligence".
      2003 - Subsec. (f)(2). Pub. L. 108-177 substituted "The Director"
    for "(A) Subject to subparagraph (B), the Director" and struck out
    subpar. (B) which read as follows: "The Director may not expend
    amounts in the Fund for purposes specified in subparagraph (A) in
    fiscal year 1998, 1999, or 2000 unless the Director - 
        "(i) secures the prior approval of the Director of the Office
      of Management and Budget; and
        "(ii) submits notice of the proposed expenditure to the
      Permanent Select Committee on Intelligence of the House of
      Representatives and the Select Committee on Intelligence of the
      Senate."
      2002 - Subsecs. (g), (h). Pub. L. 107-306 redesignated subsec.
    (h) as (g) and struck out former subsec. (g), which required annual
    audit of program activities, set forth provisions relating to form,
    content, and procedures, and required submission of copies to the
    Director of the Office of Management and Budget, the Director of
    Central Intelligence, the Permanent Select Committee on
    Intelligence of the House of Representatives, and the Select
    Committee on Intelligence of the Senate.
      2001 - Subsec. (g)(1). Pub. L. 107-108, Sec. 401(a), substituted
    "January 31" for "December 31" and "complete an audit" for "conduct
    an audit".
      Subsec. (h). Pub. L. 107-108, Sec. 401(b), redesignated pars. (2)
    and (3) as (1) and (2), respectively, substituted "paragraph (2)"
    for "paragraph (3)" in par. (1) and "paragraph (1)" for "paragraph
    (2)" in par. (2), and struck out former par. (1) which read as
    follows: "The authority of the Director to carry out the program
    under this section shall terminate on March 31, 2002.".
      2000 - Subsec. (c)(2)(F) to (H). Pub. L. 106-567, Sec. 401(a),
    added subpars. (F) and (G) and redesignated former subpar. (F) as
    (H).
      Subsec. (e)(1). Pub. L. 106-567, Sec. 401(b), in second sentence,
    inserted "other than structures owned by the Agency" after
    "depreciation of plant and equipment".
      Subsec. (g)(2). Pub. L. 106-567, Sec. 401(c), substituted
    "financial statements to be prepared with respect to the program.
    Office of Management and Budget guidance shall also determine the
    procedures for conducting annual audits under paragraph (1)." for
    "annual audits under paragraph (1)".
      1999 - Subsec. (a). Pub. L. 106-120, Sec. 401(a), substituted ",
    nonappropriated fund entities or instrumentalities associated or
    affiliated with the Agency, and other" for "and to other".
      Subsec. (c)(2)(D). Pub. L. 106-120, Sec. 401(b)(1), amended
    subpar. (D) generally. Prior to amendment, subpar. (D) read as
    follows: "Amounts collected in payment for loss or damage to
    equipment or other property of a central service provider as a
    result of activities under the program."
      Subsec. (c)(2)(E), (F). Pub. L. 106-120, Sec. 401(b)(2), (3),
    added subpar. (E) and redesignated former subpar. (E) as (F).
      Subsec. (f)(2)(A). Pub. L. 106-120, Sec. 401(c), inserted
    "central service providers and any" before "elements of the
    Agency".
      Subsec. (h)(1). Pub. L. 106-120, Sec. 401(d), substituted "2002"
    for "2000".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

    AVAILABILITY OF FUNDS CREDITED TO CENTRAL SERVICES WORKING CAPITAL
                                   FUND
      Pub. L. 109-148, div. A, title VIII, Sec. 8038, Dec. 30, 2005,
    119 Stat. 2707, provided in part: "That funds appropriated,
    transferred, or otherwise credited to the Central Intelligence
    Agency Central Services Working Capital Fund during this or any
    prior or subsequent fiscal year shall remain available until
    expended".
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-287, title VIII, Sec. 8042, Aug. 5, 2004, 118 Stat.
    979.
      Pub. L. 108-87, title VIII, Sec. 8042, Sept. 30, 2003, 117 Stat.
    1081.
      Pub. L. 107-248, title VIII, Sec. 8042, Oct. 23, 2002, 116 Stat.
    1546.
      Pub. L. 107-117, div. A, title VIII, Sec. 8045, Jan. 10, 2002,
    115 Stat. 2257.
      Pub. L. 106-259, title VIII, Sec. 8045, Aug. 9, 2000, 114 Stat.
    684.
      Pub. L. 106-79, title VIII, Sec. 8048, Oct. 25, 1999, 113 Stat.
    1241.
      Pub. L. 105-262, title VIII, Sec. 8048, Oct. 17, 1998, 112 Stat.
    2307.

-End-



-CITE-
    50 USC Sec. 403v                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403v. Detail of employees

-STATUTE-
      The Director may - 
        (1) detail any personnel of the Agency on a reimbursable basis
      indefinitely to the National Reconnaissance Office without regard
      to any limitation under law on the duration of details of Federal
      Government personnel; and
        (2) hire personnel for the purpose of any detail under
      paragraph (1).

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 22, as added Pub. L. 106-567, title
    IV, Sec. 404, Dec. 27, 2000, 114 Stat. 2848.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403w                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403w. Intelligence operations and cover enhancement authority

-STATUTE-
    (a) Definitions
      In this section - 
        (1) the term "designated employee" means an employee designated
      by the Director of the Central Intelligence Agency under
      subsection (b) of this section; and
        (2) the term "Federal retirement system" includes the Central
      Intelligence Agency Retirement and Disability System, and the
      Federal Employees' Retirement System (including the Thrift
      Savings Plan).
    (b) In general
      (1) Authority
        Notwithstanding any other provision of law, the Director of the
      Central Intelligence Agency may exercise the authorities under
      this section in order to - 
          (A) protect from unauthorized disclosure - 
            (i) intelligence operations;
            (ii) the identities of undercover intelligence officers;
            (iii) intelligence sources and methods; or
            (iv) intelligence cover mechanisms; or

          (B) meet the special requirements of work related to
        collection of foreign intelligence or other authorized
        activities of the Agency.
      (2) Designation of employees
        The Director of the Central Intelligence Agency may designate
      any employee of the Agency who is under nonofficial cover to be
      an employee to whom this section applies. Such designation may be
      made with respect to any or all authorities exercised under this
      section.
    (c) Compensation
      The Director of the Central Intelligence Agency may pay a
    designated employee salary, allowances, and other benefits in an
    amount and in a manner consistent with the nonofficial cover of
    that employee, without regard to any limitation that is otherwise
    applicable to a Federal employee. A designated employee may accept,
    utilize, and, to the extent authorized by regulations prescribed
    under subsection (i) of this section, retain any salary,
    allowances, and other benefits provided under this section.
    (d) Retirement benefits
      (1) In general
        The Director of the Central Intelligence Agency may establish
      and administer a nonofficial cover employee retirement system for
      designated employees (and the spouse, former spouses, and
      survivors of such designated employees). A designated employee
      may not participate in the retirement system established under
      this paragraph and another Federal retirement system at the same
      time.
      (2) Conversion to other Federal retirement system
        (A) In general
          A designated employee participating in the retirement system
        established under paragraph (1) may convert to coverage under
        the Federal retirement system which would otherwise apply to
        that employee at any appropriate time determined by the
        Director of the Central Intelligence Agency (including at the
        time of separation of service by reason of retirement), if the
        Director of the Central Intelligence Agency determines that the
        employee's participation in the retirement system established
        under this subsection is no longer necessary to protect from
        unauthorized disclosure - 
            (i) intelligence operations;
            (ii) the identities of undercover intelligence officers;
            (iii) intelligence sources and methods; or
            (iv) intelligence cover mechanisms.
        (B) Conversion treatment
          Upon a conversion under this paragraph - 
            (i) all periods of service under the retirement system
          established under this subsection shall be deemed periods of
          creditable service under the applicable Federal retirement
          system;
            (ii) the Director of the Central Intelligence Agency shall
          transmit an amount for deposit in any applicable fund of that
          Federal retirement system that - 
              (I) is necessary to cover all employee and agency
            contributions including - 
                (aa) interest as determined by the head of the agency
              administering the Federal retirement system into which
              the employee is converting; or
                (bb) in the case of an employee converting into the
              Federal Employees' Retirement System, interest as
              determined under section 8334(e) of title 5; and

              (II) ensures that such conversion does not result in any
            unfunded liability to that fund; and

            (iii) in the case of a designated employee who participated
          in an employee investment retirement system established under
          paragraph (1) and is converted to coverage under subchapter
          III of chapter 84 of title 5, the Director of the Central
          Intelligence Agency may transmit any or all amounts of that
          designated employee in that employee investment retirement
          system (or similar part of that retirement system) to the
          Thrift Savings Fund.
        (C) Transmitted amounts
          (i) In general
            Amounts described under subparagraph (B)(ii) shall be paid
          from the fund or appropriation used to pay the designated
          employee.
          (ii) Offset
            The Director of the Central Intelligence Agency may use
          amounts contributed by the designated employee to a
          retirement system established under paragraph (1) to offset
          amounts paid under clause (i).
        (D) Records
          The Director of the Central Intelligence Agency shall
        transmit all necessary records relating to a designated
        employee who converts to a Federal retirement system under this
        paragraph (including records relating to periods of service
        which are deemed to be periods of creditable service under
        subparagraph (B)) to the head of the agency administering that
        Federal retirement system.
    (e) Health insurance benefits
      (1) In general
        The Director of the Central Intelligence Agency may establish
      and administer a nonofficial cover employee health insurance
      program for designated employees (and the family of such
      designated employees). A designated employee may not participate
      in the health insurance program established under this paragraph
      and the program under chapter 89 of title 5 at the same time.
      (2) Conversion to Federal employees health benefits program
        (A) In general
          A designated employee participating in the health insurance
        program established under paragraph (1) may convert to coverage
        under the program under chapter 89 of title 5 at any
        appropriate time determined by the Director of the Central
        Intelligence Agency (including at the time of separation of
        service by reason of retirement), if the Director of the
        Central Intelligence Agency determines that the employee's
        participation in the health insurance program established under
        this subsection is no longer necessary to protect from
        unauthorized disclosure - 
            (i) intelligence operations;
            (ii) the identities of undercover intelligence officers;
            (iii) intelligence sources and methods; or
            (iv) intelligence cover mechanisms.
        (B) Conversion treatment
          Upon a conversion under this paragraph - 
            (i) the employee (and family, if applicable) shall be
          entitled to immediate enrollment and coverage under chapter
          89 of title 5;
            (ii) any requirement of prior enrollment in a health
          benefits plan under chapter 89 of that title for continuation
          of coverage purposes shall not apply;
            (iii) the employee shall be deemed to have had coverage
          under chapter 89 of that title from the first opportunity to
          enroll for purposes of continuing coverage as an annuitant;
          and
            (iv) the Director of the Central Intelligence Agency shall
          transmit an amount for deposit in the Employees' Health
          Benefits Fund that is necessary to cover any costs of such
          conversion.
        (C) Transmitted amounts
          Any amount described under subparagraph (B)(iv) shall be paid
        from the fund or appropriation used to pay the designated
        employee.
    (f) Life insurance benefits
      (1) In general
        The Director of the Central Intelligence Agency may establish
      and administer a nonofficial cover employee life insurance
      program for designated employees (and the family of such
      designated employees). A designated employee may not participate
      in the life insurance program established under this paragraph
      and the program under chapter 87 of title 5 at the same time.
      (2) Conversion to Federal employees group life insurance program
        (A) In general
          A designated employee participating in the life insurance
        program established under paragraph (1) may convert to coverage
        under the program under chapter 87 of title 5 at any
        appropriate time determined by the Director of the Central
        Intelligence Agency (including at the time of separation of
        service by reason of retirement), if the Director of the
        Central Intelligence Agency determines that the employee's
        participation in the life insurance program established under
        this subsection is no longer necessary to protect from
        unauthorized disclosure - 
            (i) intelligence operations;
            (ii) the identities of undercover intelligence officers;
            (iii) intelligence sources and methods; or
            (iv) intelligence cover mechanisms.
        (B) Conversion treatment
          Upon a conversion under this paragraph - 
            (i) the employee (and family, if applicable) shall be
          entitled to immediate coverage under chapter 87 of title 5;
            (ii) any requirement of prior enrollment in a life
          insurance program under chapter 87 of that title for
          continuation of coverage purposes shall not apply;
            (iii) the employee shall be deemed to have had coverage
          under chapter 87 of that title for the full period of service
          during which the employee would have been entitled to be
          insured for purposes of continuing coverage as an annuitant;
          and
            (iv) the Director of the Central Intelligence Agency shall
          transmit an amount for deposit in the Employees' Life
          Insurance Fund that is necessary to cover any costs of such
          conversion.
        (C) Transmitted amounts
          Any amount described under subparagraph (B)(iv) shall be paid
        from the fund or appropriation used to pay the designated
        employee.
    (g) Exemption from certain requirements
      The Director of the Central Intelligence Agency may exempt a
    designated employee from mandatory compliance with any Federal
    regulation, rule, standardized administrative policy, process, or
    procedure that the Director of the Central Intelligence Agency
    determines - 
        (1) would be inconsistent with the nonofficial cover of that
      employee; and
        (2) could expose that employee to detection as a Federal
      employee.
    (h) Taxation and social security
      (1) In general
        Notwithstanding any other provision of law, a designated
      employee - 
          (A) shall file a Federal or State tax return as if that
        employee is not a Federal employee and may claim and receive
        the benefit of any exclusion, deduction, tax credit, or other
        tax treatment that would otherwise apply if that employee was
        not a Federal employee, if the Director of the Central
        Intelligence Agency determines that taking any action under
        this paragraph is necessary to - 
            (i) protect from unauthorized disclosure - 
              (I) intelligence operations;
              (II) the identities of undercover intelligence officers;
              (III) intelligence sources and methods; or
              (IV) intelligence cover mechanisms; and

            (ii) meet the special requirements of work related to
          collection of foreign intelligence or other authorized
          activities of the Agency; and

          (B) shall receive social security benefits based on the
        social security contributions made.
      (2) Internal Revenue Service review
        The Director of the Central Intelligence Agency shall establish
      procedures to carry out this subsection. The procedures shall be
      subject to periodic review by the Internal Revenue Service.
    (i) Regulations
      The Director of the Central Intelligence Agency shall prescribe
    regulations to carry out this section. The regulations shall ensure
    that the combination of salary, allowances, and benefits that an
    employee designated under this section may retain does not
    significantly exceed, except to the extent determined by the
    Director of the Central Intelligence Agency to be necessary to
    exercise the authority in subsection (b) of this section, the
    combination of salary, allowances, and benefits otherwise received
    by Federal employees not designated under this section.
    (j) Finality of decisions
      Any determinations authorized by this section to be made by the
    Director of the Central Intelligence Agency or the Director's
    designee shall be final and conclusive and shall not be subject to
    review by any court.
    (k) Subsequently enacted laws
      No law enacted after the effective date of this section shall
    affect the authorities and provisions of this section unless such
    law specifically refers to this section.

-SOURCE-
    (June 20, 1949, ch. 227, Sec. 23, as added Pub. L. 108-487, title
    IV, Sec. 402, Dec. 23, 2004, 118 Stat. 3946.)

-REFTEXT-
                            REFERENCES IN TEXT                        
       The effective date of this section, referred to in subsec. (k),
    is the date of enactment of Pub. L. 108-487, which was approved
    December 23, 2004. See section 801 of Pub. L. 108-487, set out as
    an Effective Date of 2004 Amendments note under section 2656f of
    Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Central Intelligence Agency
    Act of 1949, and not as part of the National Security Act of 1947
    which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 403x                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 403x. Separation pay program for voluntary separation from
      service

-STATUTE-
    (a) Definitions
      For purposes of this section - 
        (1) the term "Director" means the Director of the Central
      Intelligence Agency; (!1)

        (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 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 March 30, 1994, and accepts employment with the Government of
    the United States within 5 years after the date of the separation
    on which payment of the separation pay is based shall be required
    to repay the entire amount of the separation pay to the Central
    Intelligence Agency. If the employment is with an Executive agency
    (as defined by section 105 of title 5), the Director of the Office
    of Personnel Management may, at the request of the head of the
    agency, waive the repayment if the individual involved possesses
    unique abilities and is the only qualified applicant available for
    the position. If the employment is with an entity in the
    legislative branch, the head of the entity or the appointing
    official may waive the repayment if the individual involved
    possesses unique abilities and is the only qualified applicant
    available for the position. If the employment is with the judicial
    branch, the Director of the Administrative Office of the United
    States Courts may waive the repayment if the individual involved
    possesses unique abilities and is the only qualified applicant
    available for the position.
    (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, if the
        employee were entitled to payment under such section; or
          (B) $25,000;

        (3) shall not be a basis for payment, and shall not be included
      in the computation, of any other type of Government benefit; and
        (4) shall not be taken into account for the purpose of
      determining the amount of any severance pay to which an
      individual may be entitled under section 5595 of title 5 based on
      any other separation.
    (f) Regulations
      The Director shall prescribe such regulations as may be necessary
    to carry out this section.
    (g) 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) of this section.
      (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.

-SOURCE-
    (Pub. L. 103-36, Sec. 2, June 8, 1993, 107 Stat. 104; Pub. L. 103-
    226, Sec. 8(b), Mar. 30, 1994, 108 Stat. 118; Pub. L. 104-93,
    title IV, Sec. 401, Jan. 6, 1996, 109 Stat. 968; Pub. L. 104-293,
    title IV, Sec. 401, Oct. 11, 1996, 110 Stat. 3468; Pub. L. 106-120,
    title IV, Sec. 402, Dec. 3, 1999, 113 Stat. 1616; Pub. L. 107-108,
    title IV, Sec. 402, Dec. 28, 2001, 115 Stat. 1403; Pub. L. 107-306,
    title IV, Sec. 401, Nov. 27, 2002, 116 Stat. 2403; Pub. L. 108-458,
    title I, Sec. 1071(d), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 108-
    487, title IV, Sec. 401(a), (b)(1), Dec. 23, 2004, 118 Stat. 3945,
    3946.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 403-4 of
    this title.
      Section was enacted as part of the Central Intelligence Agency
    Voluntary Separation Pay Act, and not as part of the Central
    Intelligence Agency Act of 1949 which is classified to section 403a
    et seq. of this title, or as part of the National Security Act of
    1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(d), amended
    par. (1) generally. Prior to amendment, par. (1) read: "the term
    'Director' means the Director of Central Intelligence; and".
      Subsecs. (f) to (h). Pub. L. 108-487, Sec. 401(a), redesignated
    subsecs. (g) and (h) as (f) and (g), respectively, and struck out
    former subsec. (f), which related to termination of payments under
    this section.
      Subsec. (i). Pub. L. 108-487, Sec. 401(b)(1), struck out subsec.
    (i) which related to remittance of funds.
      2002 - Subsec. (f). Pub. L. 107-306, Sec. 401(1), substituted
    "September 30, 2005" for "September 30, 2003".
      Subsec. (i). Pub. L. 107-306, Sec. 401(2), substituted "2003,
    2004, or 2005" for "or 2003".
      2001 - Subsec. (f). Pub. L. 107-108, Sec. 402(1), substituted
    "September 30, 2003" for "September 30, 2002".
      Subsec. (i). Pub. L. 107-108, Sec. 402(2), substituted "2002, or
    2003" for "or 2002".
      1999 - Subsec. (f). Pub. L. 106-120, Sec. 402(a), substituted
    "September 30, 2002" for "September 30, 1999".
      Subsec. (i). Pub. L. 106-120, Sec. 402(b), substituted ", 1999,
    2000, 2001, or 2002" for "or fiscal year 1999".
      1996 - Subsec. (f). Pub. L. 104-93, Sec. 401(a), substituted
    "September 30, 1999" for "September 30, 1997".
      Subsec. (i). Pub. L. 104-293 inserted at end: "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)."
      Pub. L. 104-93, Sec. 401(b), added subsec. (i).
      1994 - Subsec. (b). Pub. L. 103-226, Sec. 8(b), inserted four
    sentences at end relating to repayment of separation pay
    requirement.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by "and".


-End-



-CITE-
    50 USC Sec. 404                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404. Emergency preparedness

-STATUTE-
    (a) Employment of personnel
      The Director of the Federal Emergency Management Agency, subject
    to the direction of the President, is authorized, subject to the
    civil-service laws and chapter 51 and subchapter III of chapter 53
    of title 5, to appoint and fix the compensation of such personnel
    as may be necessary to assist him in carrying out his functions.
    (b) Functions
      It shall be the function of the Director of the Federal Emergency
    Management Agency to advise the President concerning the
    coordination of military, industrial, and civilian mobilization,
    including - 
        (1) policies concerning industrial and civilian mobilization in
      order to assure the most effective mobilization and maximum
      utilization of the Nation's manpower in the event of war;
        (2) programs for the effective use in time of war of the
      Nation's natural and industrial resources for military and
      civilian needs, for the maintenance and stabilization of the
      civilian economy in time of war, and for the adjustment of such
      economy to war needs and conditions;
        (3) policies for unifying, in time of war, the activities of
      Federal agencies and departments engaged in or concerned with
      production, procurement, distribution, or transportation of
      military or civilian supplies, materials, and products;
        (4) the relationship between potential supplies of, and
      potential requirements for, manpower, resources, and productive
      facilities in time of war;
        (5) policies for establishing adequate reserves of strategic
      and critical material, and for the conservation of these
      reserves;
        (6) the strategic relocation of industries, services,
      government, and economic activities, the continuous operation of
      which is essential to the Nation's security.
    (c) Utilization of Government resources and facilities
      In performing his functions, the Director of the Federal
    Emergency Management Agency shall utilize to the maximum extent the
    facilities and resources of the departments and agencies of the
    Government.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 107, formerly Sec. 103, 61
    Stat. 499; Oct. 28, 1949, ch. 782, title IX, Sec. 1106(a), 63 Stat.
    972; 1950 Reorg. Plan No. 25, Sec. 1, eff. July 9, 1950, 15 F.R.
    4366, 64 Stat. 1280; 1953 Reorg. Plan No. 3, Sec. 2(a), eff. June
    12, 1953, 18 F.R. 3375, 67 Stat. 634; Sept. 3, 1954, ch. 1263, Sec.
    50, 68 Stat. 1244; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1,
    1958, 23 F.R. 4991, 72 Stat. 1799; Pub. L. 90-608, ch. IV, Sec.
    402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff.
    June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, Secs. 1-103, 4-
    102, July 20, 1979, 44 F.R. 43239; renumbered Sec. 107, Pub. L.
    102-496, title VII, Sec. 705(a)(2), Oct. 24, 1992, 106 Stat. 3190.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil-service laws, referred to in subsec. (a), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      In subsec. (a), "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949" on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1954 - Act Sept. 3, 1954, struck out subsec. (a) relating to
    establishment of National Security Resources Board, and
    redesignated subsecs. (b) to (d) as subsecs. (a) to (c),
    respectively.
      1949 - Subsec. (b). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923".

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Federal Emergency Management Agency" substituted
    for "Chairman of the Board" in subsec. (a), and for "Board" in
    subsecs. (b) and (c), on authority of the following:
      "Chairman of the Board", meaning Chairman of National Security
    Resources Board, substituted in subsecs. (b) and (c) for "Board",
    meaning National Security Resources Board, on authority of section
    1 of Reorg. Plan No. 25 of 1950, set out below.
      "Director of the Office of Defense Mobilization" substituted in
    text for "Chairman of Board" meaning National Security Resources
    Board, pursuant to Reorg. Plan No. 3 of 1953, Secs. 1(a), 2(a), and
    6, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out below,
    which established Office of Defense Mobilization, as an agency
    within Executive Office of President, abolished National Security
    Resources Board, and transferred to Director of Office of Defense
    Mobilization functions, records, property, personnel, and funds of
    Board.
      Office of Defense Mobilization and Federal Civil Defense
    Administration consolidated to form Office of Emergency Planning,
    an agency within Executive Office of President, by section 2 of
    Reorg. Plan No. 1 of 1958, eff. July 1, 1958, 23 F.R. 4991, 72
    Stat. 1799, as amended, set out in the Appendix to Title 5,
    Government Organization and Employees, and functions vested by law
    in Office of Defense Mobilization and Director thereof transferred
    to President, with power to delegate, by section 1 of Reorg. Plan
    No. 1 of 1958.
      Office of Emergency Planning changed to Office of Emergency
    Preparedness pursuant to section 402 of Pub. L. 90-608, Oct. 21,
    1968, 82 Stat. 1194, which provided that references in laws to
    Office of Emergency Planning after Oct. 21, 1968, should be deemed
    references to Office of Emergency Preparedness.
      Office of Emergency Preparedness, including offices of Director,
    Deputy Director, Assistant Directors, and Regional Directors,
    abolished and functions vested by law in Office of Emergency
    Preparedness transferred to President of United States by sections
    1 and 3(a)(1) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 38
    F.R. 9579, 87 Stat. 1089, set out in the Appendix to Title 5,
    Government Organization and Employees.
      Functions vested in Director of Office of Emergency Preparedness
    as of June 30, 1973, by Executive Order, proclamation, or other
    directive issued by or on behalf of President or otherwise under
    this section and Ex. Ord. No. 10421, formerly set out below, with
    certain exceptions, transferred to Administrator of General
    Services by Ex. Ord. No. 11725, Sec. 3, June 27, 1973, 38 F.R.
    17175, formerly set out under section 2271 of the Appendix to this
    title, to be exercised in conformance with such guidance as
    provided by National Security Council and, with respect to economic
    and disposal aspects of stockpiling of strategic and critical
    materials by Council on Economic Policy. Functions of Administrator
    of General Services under this chapter performed by Federal
    Preparedness Agency within General Services Administration.
      Functions of Director of Office of Defense Mobilization under
    this section, which were previously transferred to President,
    delegated to Secretary of Homeland Security by sections 1-103 and 4-
    102 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as
    amended, set out as a note under section 5195 of Title 42, The
    Public Health and Welfare.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see sections 313(1), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.

                     EMERGENCY PREPAREDNESS FUNCTIONS                 
      For assignment of certain emergency preparedness functions to
    Secretary of Homeland Security, see parts 1, 2, and 17 of Ex. Ord.
    No. 12656, Nov. 18, 1988, 53 F.R. 47491, as amended, set out as a
    note under section 5195 of Title 42, The Public Health and Welfare.


-MISC2-
                       OFFICE OF EMERGENCY PLANNING                   
      Pub. L. 87-296, Sec. 2, Sept. 22, 1961, 75 Stat. 630, provided
    that: "Any reference in any other law to the Office of Civil and
    Defense Mobilization shall, after the date of this Act [Sept. 22,
    1961], be deemed to refer to the Office of Emergency Planning."

                    REORGANIZATION PLAN NO. 25 OF 1950                

              EFF. JULY 9, 1950, 15 F.R. 4366, 64 STAT. 1280          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 9, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                     NATIONAL SECURITY RESOURCES BOARD                 

               SECTION 1. FUNCTIONS OF CHAIRMAN AND OF BOARD           
      The functions of the National Security Resources Board are hereby
    transferred to the Chairman of the National Security Resources
    Board, and the Board shall hereafter advise and consult with the
    Chairman with respect to such matters within his jurisdiction as he
    may request.

                           SEC. 2. VICE CHAIRMAN                       
      There is hereby established the office of Vice Chairman of the
    National Security Resources Board. Such Vice Chairman shall (1) be
    an additional member of the National Security Resources Board, (2)
    be appointed from civilian life by the President, by and with the
    advice and consent of the Senate, (3) receive compensation at the
    rate of $16,000 per annum, and (4) perform such of the duties of
    the Chairman as the Chairman shall designate.

               SEC. 3. PERFORMANCE OF FUNCTIONS OF CHAIRMAN           
      The Chairman may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any other
    officer, or by any agency or employee, of the National Security
    Resources Board of any function of the Chairman.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 25 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. The plan transfers the function of the National Security
    Resources Board from the Board to the Chairman of the Board and
    makes the Board advisory to the Chairman. The plan also provides
    for a Vice Chairman, appointed by the President and confirmed by
    the Senate.
      The function assigned to the National Security Resources Board by
    the National Security Act of 1947 is "to advise the President
    concerning the coordination of military, industrial and civilian
    mobilization." Proper performance of this function requires action
    by the Board and its staff in two broad areas:
      (1) The conduct of advance mobilization planning which identifies
    the problems which will arise and the measures necessary to meet
    these problems if and when the Nation moves from a peacetime into a
    wartime situation.
      (2) The formulation of current policies and programs which will
    help the Nation achieve an adequate state of readiness against the
    eventuality of a future war.
      The role assigned the National Security Resources Board is
    clearly one of staff assistance to the President. The Congress
    recently recognized this fact in its approval of Reorganization
    Plan No. 4 of 1949 which, pursuant to the specific recommendation
    of the Hoover Commission, placed the National Security Resources
    Board in the Executive Office of the President.
      The accompanying reorganization plan is designed to make the
    National Security Resources Board a more effective instrument.
    Successful performance of the Board's mission requires a wide range
    of detailed study and analysis to cover all the major aspects of
    national mobilization. A committee of department heads or
    departmental representatives encounters some natural difficulties
    in providing supervision and leadership in such an extensive and
    detailed activity. The Chairman has the difficult task of
    exercising discretion as to which matters shall be submitted for
    Board approval. The departmental members of the Board cannot
    possibly supervise or approve the Board's extensive and detailed
    activities and yet, as Board members, must accept ultimate
    responsibility for all such activities. Likewise, the departmental
    members are encumbered by the difficulty of having to reach
    collective and speedy decisions on a great many matters for which
    they, as Board members, are responsible.
      By vesting the functions of the Board in the Chairman, the
    difficulties of Board operation will be overcome. At the same time,
    the reorganization plan provides for the continued participation of
    the several departments and agencies in the task of mobilization
    planning. This is not only a matter of established policy but also
    a requirement of the National Security Act. The departments will
    continue to have representation on the Board. The Board, in an
    advisory relationship to the Chairman, will be a useful arrangement
    for obtaining the necessary participation of departments in
    mobilization planning and for coordination of their activity. It
    will enable the departments to keep abreast of the total range of
    security resources planning. Without reliance on the departments
    for the execution of much of the actual job of mobilization
    planning, coordination with the total range of governmental
    policies and objectives would be lost.
      The Congress in passing the National Security Act Amendments of
    1949 recognized the difficulty which exists when functions of staff
    advice and assistance are placed in a board-type agency. The
    National Security Act Amendments of 1949, in clarifying the role of
    the Chairman of the Munitions Board and the Research and
    Development Board, strengthened and increased the effectiveness of
    these staff agencies of the Secretary of Defense by providing for
    the exclusive exercise of responsibilities by the Chairman. This
    plan achieves the same objective for the National Security
    Resources Board.
      The accompanying reorganization plan provides for a Vice Chairman
    appointed by the President and confirmed by the Senate. The
    tremendous responsibilities of the National Security Resources
    Board and the heavy workload on the Chairman fully warrant this.
    Providing the Chairman with a principal associate for the exercise
    of his responsibilities is consistent with the usual practice in
    other agencies of the executive branch.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 25 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      I have found and hereby declare that it is necessary to include
    in the accompanying reorganization plan, by reason of
    reorganizations made thereby, provisions for the appointment and
    compensation of a Vice Chairman of the National Security Resources
    Board. The rate of compensation fixed for this officer is that
    which I have found to prevail in respect of comparable officers in
    the executive branch of the Government.
      The taking effect of the reorganizations included in
    Reorganization Plan No. 25 may not in itself result in substantial
    immediate savings. However, the important objective is maximum
    effectiveness in security resources planning.
      The security of this Nation requires that these steps be taken to
    enable security resources planning to move forward more
    effectively. It is for that reason that Reorganization Plan No. 25
    is today submitted to the Congress. It is for that reason, and that
    reason alone, that I strongly urge congressional acceptance of
    Reorganization Plan No. 25.
                                                        Harry S. Truman.
      The White House, May 9, 1950.

                     REORGANIZATION PLAN NO. 3 OF 1953                 

              EFF. JUNE 12, 1953, 18 F.R. 3375, 67 STAT. 634          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 2, 1953,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

                      OFFICE OF DEFENSE MOBILIZATION                  

                    SECTION 1. ESTABLISHMENT OF OFFICE                
      (a) There is hereby established in the Executive Office of the
    President a new agency which shall be known as the Office of
    Defense Mobilization, hereinafter referred to as the "Office."
      (b) There shall be at the head of the Office a Director of the
    Office of Defense Mobilization, hereinafter referred to as the
    "Director," who shall be appointed by the President by and with the
    advice and consent of the Senate and shall receive compensation at
    the rate of $22,500 per annum.
      (c) There shall be in the Office a Deputy Director of the Office
    of Defense Mobilization, who shall be appointed by the President,
    by and with the advice and consent of the Senate, shall receive
    compensation at the rate of $17,500 per annum, shall perform such
    functions as the Director shall designate, and shall act as
    Director during the absence or disability of the Director or in the
    event of a vacancy in the office of the Director.

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      There are hereby transferred to the Director:
      (a) All functions of the Chairman of the National Security
    Resources Board, including his functions as a member of the
    National Security Council, but excluding the functions abolished by
    section 5(a) of this reorganization plan.
      (b) All functions under the Strategic and Critical Materials
    Stock Piling Act, as amended (50 U.S.C. 98 et seq.), vested in the
    Secretaries of the Army, Navy, Air Force, and Interior or in any of
    them or in any combination of them, including the functions which
    were vested in the Army and Navy Munitions Board by the item No.
    (2) in section 6(a) of the said Act (60 Stat. 598) [former section
    98e(a)(2) of this title], but excluding functions vested in the
    Secretary of the Interior by section 7 of said Act [former section
    98f of this title].
      (c) The functions vested in the Munitions Board by section 4(h)
    of the Commodity Credit Corporation Charter Act, as amended (15
    U.S.C. 714b(h)), and by section 204(e) of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 485(e)) [now 40
    U.S.C. 574(c)].
      (d) All functions now vested by any statute in the Director of
    Defense Mobilization or in the Office of Defense Mobilization
    provided for in Executive Order Numbered 10193 (15 F.R. 9031)
    [revoked by Ex. Ord. No. 10480, 18 F.R. 4939, formerly set out as a
    note under section 2153 of Appendix to this title].

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      (a) The Director may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any other
    officer, or by any agency or employee, of the Office, of any
    function of the Director, exclusive of the function of being a
    member of the National Security Council.
      (b) When authorized by the Director, any function transferred to
    him by the provisions of this reorganization plan (exclusive of the
    function of being a member of the National Security Council) may be
    performed by the head of any agency of the executive branch of the
    Government or, subject to the direction and control of any such
    agency head, by such officers, employees, and organizational units
    under the jurisdiction of such agency head as such agency head may
    designate.
      (c) In addition to the representatives who by virtue of the last
    sentence of section 2(a) of the Strategic and Critical Materials
    Stock Piling Act, as amended [former section 98a(a) of this title],
    and section 2 of this reorganization plan are designated to
    cooperate with the Director, the Secretary of Defense, the
    Secretary of the Interior, and the heads of such other agencies
    having functions regarding strategic or critical materials as the
    Director shall from time to time designate, shall each designate
    representatives who shall similarly cooperate with the Director.

              SEC. 4. RECORDS, PROPERTY, PERSONNEL, AND FUNDS          
      There shall be transferred with the functions transferred by this
    reorganization plan from the Chairman of the National Security
    Resources Board and the Department of Defense, respectively, so
    much of the records, property, personnel, and unexpended balances
    of appropriations, allocations, and other funds, used, held,
    employed, available, or to be made available in connection with the
    said functions, as the Director shall determine to be required for
    the performance of the transferred functions by the Office, but all
    transfers from the Department of Defense under the foregoing
    provisions of this section shall be subject to the approval of the
    Secretary of Defense.

                      SEC. 5. ABOLITION OF FUNCTIONS                  
      (a) The functions of the Chairman of the National Security
    Resources Board under section 18 of the Universal Military Training
    and Service Act (50 U.S.C. App. 468), as affected by Reorganization
    Plan Numbered 25 of 1950 (64 Stat. 1280) [set out above], with
    respect to being consulted by and furnishing advice to the
    President as required by that section, are hereby abolished.
      (b) So much of the functions of the Secretary of Defense under
    section 202(b) of the National Security Act of 1947, as amended
    [see 10 U.S.C. 113(b)], as consists of direction, authority, and
    control over functions transferred by this reorganization plan is
    hereby abolished.
      (c) Any functions which were vested in the Army and Navy
    Munitions Board or which are vested in the Munitions Board with
    respect to serving as agent through which the Secretaries of the
    Army, Navy, Air Force, and Interior jointly act, under section 2(a)
    of the Strategic and Critical Materials Stock Piling Act, as
    amended [former section 98a of this title], are hereby abolished.

          SEC. 6. ABOLITION OF NATIONAL SECURITY RESOURCES BOARD      
      The National Security Resources Board (established by the
    National Security Act of 1947, 61 Stat. 499 [this section]),
    including the offices of Chairman and Vice Chairman of the National
    Security Resources Board, is hereby abolished, and the Director
    shall provide for winding up any outstanding affairs of the said
    Board or offices not otherwise provided for in this reorganization
    plan.
      [For subsequent history relating to Office of Defense
    Mobilization, see notes set out under this section.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 4 of 1953, prepared
    in accordance with the provisions of the Reorganization Act of
    1949, as amended.
      The reorganization plan is designed to achieve two primary
    objectives: The first is to improve the organization of the
    Executive Office of the President; the second is to enable one
    Executive Office agency to exercise strong leadership in our
    national mobilization effort, including both current defense
    activities and readiness for any future national emergency.
      The National Security Resources Board was established by the
    National Security Act of 1947 to advise the President concerning
    various aspects of future military, industrial, and civilian
    mobilization. The areas of responsibility assigned to the Board
    included the use of national and industrial resources for military
    and civilian needs; the sufficiency of productive facilities; the
    strategic relocation of industries; the mobilization and maximum
    utilization of manpower; and the maintenance and stabilization of
    the civilian economy.
      The vigorous and efficient discharge of these vital functions is
    not well served by the simultaneous existence in the Executive
    Office of the President of the National Security Resources Board
    (charged with planning for the future) and the present Office of
    Defense Mobilization (charged with programs of the present). The
    progress of the current mobilization effort has made plain how
    artificial is the present separation of these functions.
      Both functions should now be combined into one defense
    mobilization agency. Accordingly, the reorganization plan would
    create in the Executive Office of the President a new agency, to be
    known as the Office of Defense Mobilization. It would transfer to
    the new Office the functions of the Chairman of the National
    Security Resources Board and abolish that Board, including the
    offices of Chairman and Vice Chairman.
      The reorganization plan also transfers to the new agency the
    statutory functions of the present Office of Defense Mobilization.
    These are of a minor nature, the major functions of the present
    Office of Defense Mobilization having been delegated to it by the
    President, principally under the Defense Production Act of 1950, as
    amended. It is my intention to transfer the latter functions to the
    new agency by Executive order, and to abolish the Office of Defense
    Mobilization established by Executive Order No. 10193. There will
    thus result a new agency which combines the activities of the
    National Security Resources Board and both the statutory and
    delegated functions of the heretofore existing Office of Defense
    Mobilization.
      The proposed plan would also reorganize various activities
    relating to the stockpiling of strategic and critical materials.
    Those activities are principally provided for in the Strategic and
    Critical Materials Stock Piling Act, as amended. It has become
    increasingly apparent that the policy and program aspects of
    stockpiling are an integral part of mobilization planning. They
    should not be administered separately from plant expansion,
    conservation of materials, and materials procurement under the
    Defense Production Act of 1950, or from the duties placed in the
    National Security Resources Board by the National Security Act of
    1947. Therefore, the reorganization plan would transfer to the
    Director of the new Office of Defense Mobilization responsibility
    for major stockpiling actions, including the determination of the
    nature and quantities of materials to be stockpiled. In the main,
    these functions are transferred from the Secretaries of the Army,
    Navy, and Air Force (acting jointly through the agency of the
    Munitions Board) and the Secretary of the Interior. The duties of
    the Administrator of General Services regarding the purchase of
    strategic and critical materials and the management of stockpiles
    are not affected by the reorganization plan, except that he will
    receive his directions, under the plan, from the Director of the
    Office of Defense Mobilization instead of from the Department of
    Defense.
      This transfer of stockpiling functions will correct the present
    undesirable confusion of responsibilities. The functions of the
    heads of the military departments of the Department of Defense and
    the Secretary of the Interior under the Strategic and Critical
    Materials Stock Piling Act, as amended, are at present in
    considerable measure subject to other authority of delegates of the
    President springing from the Defense Production Act of 1950, as
    amended. The allocation and distribution of scarce materials among
    essential civilian and military activities and the continued
    maintenance of adequate stockpiles of strategic and critical
    materials are of major current importance. The reorganization plan
    will make possible more effective coordination and close control
    over the Government's whole stockpile program. It will speed
    decisions. It can result in significant economies.
      The Department of Defense will, of course, continue to be
    responsible for presenting the needs of the military services. That
    Department and the Department of the Interior are specifically
    designated in the plan as additional agencies which shall appoint
    representatives to cooperate with the Director of the Office of
    Defense Mobilization in determining which materials are strategic
    and critical and how much of them is to be purchased. Final
    authority with regard to such determination will, however, be in
    the Director of the Office of Defense Mobilization.
      Section 5(a) of the reorganization plan withholds from transfer
    to the Director and abolishes the functions of the Chairman of the
    National Security Resources Board with regard to being consulted by
    and furnishing advice to the President concerning the placing of
    orders of mandatory precedence for articles or materials for the
    use of the armed forces of the United States or for the use of the
    Atomic Energy Commission, and with regard to determining that a
    plant, mine, or other facility can be readily converted to the
    production or furnishing of such articles or materials. These
    abolished functions were vested in the National Security Resources
    Board by section 18 of the Selective Service Act of 1948 (later
    renamed as the Universal Military Training and Service Act) and
    were transferred to the Chairman of that Board by Reorganization
    Plan No. 25 of 1950. The practical effect of this abolition is to
    obviate a statutory mandate that the President consult and advise
    with another officer of the executive branch of the Government.
      Section 5(b) of the reorganization plan abolishes the direction,
    authority, and control of the Secretary of Defense over functions
    transferred from the Department of Defense by the reorganization
    plan. The Secretary's functions in this regard are provided for in
    section 202(b) of the National Security Act of 1947, as amended (5
    U.S.C. 171a(b)) [see 10 U.S.C. 113(b)].
      Section 5(c) of the reorganization plan abolishes any functions
    which were vested in the Army and Navy Munitions Board or which are
    vested in the Munitions Board with respect to serving as the agent
    through which the Secretaries of the Army, Navy, Air Force, and the
    Interior jointly act in determining which materials are strategic
    and critical under the provisions of the Strategic and Critical
    Materials Stock Piling Act, as amended, and the quality and
    quantities of such materials to be stockpiled. These abolished
    functions are provided for in section 2(a) of the Strategic and
    Critical Materials Stock Piling Act, as amended.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 3 of 1953 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended. I have
    also found and hereby declare that by reason of these
    reorganizations it is necessary to include in the reorganization
    plan provisions for the appointment and compensation of a Director
    and a Deputy Director of the Office of Defense Mobilization. The
    rates of compensation fixed for these officers are, respectively,
    those which I have found to prevail in respect of comparable
    officers of the executive branch of the Government.
      The reorganization plan will permit better organization and
    management of the Federal programs relating to materials and
    requirements and will thus help to achieve the maximum degree of
    mobilization readiness at the least possible cost. It is not
    practicable, however, to itemize, in advance of actual experience,
    the reductions of expenditures to be brought about by the taking
    effect of the reorganizations included in Reorganization Plan No. 3
    of 1953.
      I urge that the Congress allow the proposed reorganization plan
    to become effective.

                                                   Dwight D. Eisenhower.

      The White House, April 2, 1953.


-EXEC-
                         EXECUTIVE ORDER NO. 9905                     
      Ex. Ord. No. 9905, Nov. 13, 1947, 12 F.R. 7613, as amended by Ex.
    Ord. No. 9931, Feb. 19, 1948, 13 F.R. 763, provided for membership
    of National Security Resources Board and defined functions, duties
    and authority of Chairman of Board.

                         EXECUTIVE ORDER NO. 10169                     
      Ex. Ord. No. 10169, Oct. 11, 1950, 15 F.R. 6901, which provided
    for a National Advisory Committee on Mobilization Policy, was
    revoked by Ex. Ord. No. 10480, Aug. 14, 1953, 18 F.R. 4939,
    formerly set out under section 2153 of the Appendix to this title.

                         EXECUTIVE ORDER NO. 10421                     
      Ex. Ord. No. 10421, Dec. 31, 1952, 18 F.R. 57, as amended by Ex.
    Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 10773,
    July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23
    F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex.
    Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which related to
    physical security of defense facilities, was revoked by Ex. Ord.
    No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out under section 5195
    of Title 42, The Public Health and Welfare.

                         EXECUTIVE ORDER NO. 10438                     
      Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491, which related to
    transfer of functions to Director of Defense Mobilization, was
    superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683,
    formerly set out under section 5195 of Title 42, The Public Health
    and Welfare.

-End-



-CITE-
    50 USC Sec. 404a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404a. Annual national security strategy report

-STATUTE-
    (a) Transmittal to Congress
      (1) The President shall transmit to Congress each year a
    comprehensive report on the national security strategy of the
    United States (hereinafter in this section referred to as a
    "national security strategy report").
      (2) The national security strategy report for any year shall be
    transmitted on the date on which the President submits to Congress
    the budget for the next fiscal year under section 1105 of title 31.
      (3) Not later than 150 days after the date on which a new
    President takes office, the President shall transmit to Congress a
    national security strategy report under this section. That report
    shall be in addition to the report for that year transmitted at the
    time specified in paragraph (2).
    (b) Contents
      Each national security strategy report shall set forth the
    national security strategy of the United States and shall include a
    comprehensive description and discussion of the following:
        (1) The worldwide interests, goals, and objectives of the
      United States that are vital to the national security of the
      United States.
        (2) The foreign policy, worldwide commitments, and national
      defense capabilities of the United States necessary to deter
      aggression and to implement the national security strategy of the
      United States.
        (3) The proposed short-term and long-term uses of the
      political, economic, military, and other elements of the national
      power of the United States to protect or promote the interests
      and achieve the goals and objectives referred to in paragraph
      (1).
        (4) The adequacy of the capabilities of the United States to
      carry out the national security strategy of the United States,
      including an evaluation of the balance among the capabilities of
      all elements of the national power of the United States to
      support the implementation of the national security strategy.
        (5) Such other information as may be necessary to help inform
      Congress on matters relating to the national security strategy of
      the United States.
    (c) Classified and unclassified form
      Each national security strategy report shall be transmitted in
    both a classified and an unclassified form.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 108, formerly Sec. 104, as
    added Pub. L. 99-433, title VI, Sec. 603(a)(1), Oct. 1, 1986, 100
    Stat. 1074; renumbered Sec. 108, Pub. L. 102-496, title VII, Sec.
    705(a)(2), Oct. 24, 1992, 106 Stat. 3190; amended Pub. L. 106-65,
    div. A, title IX, Sec. 901(b), Oct. 5, 1999, 113 Stat. 717.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a)(3). Pub. L. 106-65 added par. (3).

      NATIONAL COMMISSION ON THE FUTURE ROLE OF UNITED STATES NUCLEAR
    WEAPONS, PROBLEMS OF COMMAND, CONTROL, AND SAFETY OF SOVIET NUCLEAR
                 WEAPONS, AND REDUCTION OF NUCLEAR WEAPONS
      Pub. L. 102-172, title VIII, Sec. 8132, Nov. 26, 1991, 105 Stat.
    1208, provided for establishment of a National Commission which was
    to submit to Congress, not later than May 1, 1993, a final report
    containing an assessment and recommendations regarding role of, and
    requirements for, nuclear weapons in security strategy of United
    States as result of significant changes in former Warsaw Pact,
    former Soviet Union, and Third World, including possibilities for
    international cooperation with former Soviet Union regarding such
    problems, and safeguards to protect against accidental or
    unauthorized use of nuclear weapons, further directed Commission to
    obtain study from National Academy of Sciences on these matters,
    further authorized establishment of joint working group comprised
    of experts from governments of United States and former Soviet
    Union which was to meet on regular basis and provide
    recommendations regarding these matters, and further provided for
    composition of Commission as well as powers, procedures, personnel
    matters, appropriations, and termination of Commission upon
    submission of its final report.

-End-



-CITE-
    50 USC Sec. 404b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404b. Multiyear national foreign intelligence program

-STATUTE-
    (a) Annual submission of multiyear national foreign intelligence
      program
      The Director of Central Intelligence shall submit to the
    congressional committees specified in subsection (d) of this
    section each year a multiyear national foreign intelligence program
    plan reflecting the estimated expenditures and proposed
    appropriations required to support that program. Any such multiyear
    national foreign intelligence program plan shall cover the fiscal
    year with respect to which the budget is submitted and at least
    four succeeding fiscal years.
    (b) Time of submission
      The Director shall submit the report required by subsection (a)
    of this section each year at or about the same time that the budget
    is submitted to Congress pursuant to section 1105(a) of title 31.
    (c) Consistency with budget estimates
      The Director of Central Intelligence and the Secretary of Defense
    shall ensure that the estimates referred to in subsection (a) of
    this section are consistent with the budget estimates submitted to
    Congress pursuant to section 1105(a) of title 31 for the fiscal
    year concerned and with the estimated expenditures and proposed
    appropriations for the multiyear defense program submitted pursuant
    to section 114a (!1) of title 10.

    (d) Specified congressional committees
      The congressional committees referred to in subsection (a) of
    this section are the following:
        (1) The Committee on Armed Services, the Committee on
      Appropriations, and the Select Committee on Intelligence of the
      Senate.
        (2) The Committee on Armed Services, the Committee on
      Appropriations, and the Permanent Select Committee on
      Intelligence of the House of Representatives.

-SOURCE-
    (Pub. L. 101-510, div. A, title XIV, Sec. 1403, Nov. 5, 1990, 104
    Stat. 1675; Pub. L. 104-106, div. A, title XV, Sec. 1502(c)(4)(B),
    Feb. 10, 1996, 110 Stat. 507; Pub. L. 106-65, div. A, title X, Sec.
    1067(10), Oct. 5, 1999, 113 Stat. 774.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 114a of title 10, referred to in subsec. (c), was
    renumbered section 221 of title 10 by Pub. L. 102-484, div. A,
    title X, Sec. 1002(c)(1), Oct. 23, 1992, 106 Stat. 2480.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 1991, and not as part of the National Security
    Act of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (d)(2). Pub. L. 106-65 substituted "Committee on
    Armed Services" for "Committee on National Security".
      1996 - Subsec. (a). Pub. L. 104-106, Sec. 1502(c)(4)(B)(i),
    substituted "the congressional committees specified in subsection
    (d) of this section each year" for "the Committees on Armed
    Services and Appropriations of the Senate and the House of
    Representatives and the Select Committee on Intelligence of the
    Senate and the Permanent Select Committee on Intelligence of the
    House of Representatives each year".
      Subsec. (d). Pub. L. 104-106, Sec. 1502(c)(4)(B)(ii), added
    subsec. (d).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 404c                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404c. Annual report on United States security arrangements and
      commitments with other nations

-STATUTE-
    (a) Report requirements
      The President shall submit to the congressional committees
    specified in subsection (d) of this section each year a report (in
    both classified and unclassified form) on United States security
    arrangements with, and commitments to, other nations.
    (b) Matters to be included
      The President shall include in each such report the following:
        (1) A description of - 
          (A) each security arrangement with, or commitment to, other
        nations, whether based upon (i) a formal document (including a
        mutual defense treaty, a pre-positioning arrangement or
        agreement, or an access agreement), or (ii) an expressed
        policy; and
          (B) the historical origins of each such arrangement or
        commitment.

        (2) An evaluation of the ability of the United States to meet
      its commitments based on the projected reductions in the defense
      structure of the United States.
        (3) A plan for meeting each of those commitments with the force
      structure projected for the future.
        (4) An assessment of the need to continue, modify, or
      discontinue each of those arrangements and commitments in view of
      the changing international security situation.
    (c) Deadline for report
      The President shall submit the report required by subsection (a)
    of this section not later than February 1 of each year.
    (d) Specified congressional committees
      The congressional committees referred to in subsection (a) of
    this section are the following:
        (1) The Committee on Armed Services and the Committee on
      Foreign Relations of the Senate.
        (2) The Committee on Armed Services and the Committee on
      International Relations of the House of Representatives.

-SOURCE-
    (Pub. L. 101-510, div. A, title XIV, Sec. 1457, Nov. 5, 1990, 104
    Stat. 1696; Pub. L. 104-106, div. A, title XV, Sec. 1502(c)(4)(C),
    Feb. 10, 1996, 110 Stat. 507; Pub. L. 106-65, div. A, title X, Sec.
    1067(10), Oct. 5, 1999, 113 Stat. 774.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 1991, and not as part of the National Security
    Act of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (d)(2). Pub. L. 106-65 substituted "Committee on
    Armed Services" for "Committee on National Security".
      1996 - Subsec. (a). Pub. L. 104-106, Sec. 1502(c)(4)(C)(i),
    substituted "shall submit to the congressional committees specified
    in subsection (d) of this section each year" for "shall submit to
    the Committees on Armed Services and on Foreign Affairs of the
    House of Representatives and the Committees on Armed Services and
    Foreign Relations of the Senate each year".
      Subsec. (c). Pub. L. 104-106, Sec. 1502(c)(4)(C)(ii), substituted
    "The President" for "(1) Except as provided in paragraph (2), the
    President" and struck out par. (2) which read as follows: "In the
    case of the report required to be submitted in 1991, the
    evaluation, plan, and assessment referred to in paragraphs (2),
    (3), and (4) of subsection (b) of this section may be submitted not
    later than May 1, 1991."
      Subsec. (d). Pub. L. 104-106, Sec. 1502(c)(4)(C)(iii), added
    subsec. (d).

-End-



-CITE-
    50 USC Sec. 404d                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404d. Annual report on intelligence

-STATUTE-
    (a) In general
      (1)(A) Not later each year than the date provided in section 415b
    of this title, the President shall submit to the congressional
    intelligence committees a report on the requirements of the United
    States for intelligence and the activities of the intelligence
    community.
      (B) Not later than January 31 each year, and included with the
    budget of the President for the next fiscal year under section
    1105(a) of title 31, the President shall submit to the appropriate
    congressional committees the report described in subparagraph (A).
      (2) The purpose of the report is to facilitate an assessment of
    the activities of the intelligence community during the preceding
    fiscal year and to assist in the development of a mission and a
    budget for the intelligence community for the fiscal year beginning
    in the year in which the report is submitted.
      (3) The report shall be submitted in unclassified form, but may
    include a classified annex.
    (b) Matters covered
      (1) Each report under subsection (a) of this section shall - 
        (A) specify the intelligence required to meet the national
      security interests of the United States, and set forth an order
      of priority for the collection and analysis of intelligence
      required to meet such interests, for the fiscal year beginning in
      the year in which the report is submitted; and
        (B) evaluate the performance of the intelligence community in
      collecting and analyzing intelligence required to meet such
      interests during the fiscal year ending in the year preceding the
      year in which the report is submitted, including a description of
      the significant successes and significant failures of the
      intelligence community in such collection and analysis during
      that fiscal year.

      (2) The report shall specify matters under paragraph (1)(A) in
    sufficient detail to assist Congress in making decisions with
    respect to the allocation of resources for the matters specified.
    (c) "Appropriate congressional committees" defined
      In this section, the term "appropriate congressional committees"
    means the following:
        (1) The Committee on Appropriations and the Committee on Armed
      Services of the Senate.
        (2) The Committee on Appropriations and the Committee on Armed
      Services of the House of Representatives.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 109, as added Pub. L. 103-
    178, title III, Sec. 304(a), Dec. 3, 1993, 107 Stat. 2034; amended
    Pub. L. 104-293, title VIII, Sec. 803(a), (b)(1), Oct. 11, 1996,
    110 Stat. 3475, 3476; Pub. L. 106-65, div. A, title X, Sec.
    1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107-306, title VIII,
    Sec. 811(b)(1)(B), Nov. 27, 2002, 116 Stat. 2422.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-306, Sec. 811(b)(1)(B)(i),
    added par. (1) and struck out former par. (1), which directed the
    President to submit to the appropriate congressional committees a
    report on the requirements of the United States for intelligence
    and the activities of the intelligence community not later than
    Jan. 31 each year.
      Subsec. (c). Pub. L. 107-306, Sec. 811(b)(1)(B)(iii), struck out
    the subsec. (c) enacted by Pub. L. 103-178, which provided that the
    report under this section for any year should be submitted at the
    same time that the President submits the budget for the next fiscal
    year pursuant to section 1105 of title 31.
      Subsec. (c)(1). Pub. L. 107-306, Sec. 811(b)(1)(B)(ii)(I),
    substituted "The Committee on Appropriations" for "The Select
    Committee on Intelligence, the Committee on Appropriations,".
      Subsec. (c)(2). Pub. L. 107-306, Sec. 811(b)(1)(B)(ii)(II),
    substituted "The Committee on Appropriations" for "The Permanent
    Select Committee on Intelligence, the Committee on
    Appropriations,".
      1999 - Subsec. (c)(2). Pub. L. 106-65 substituted "Committee on
    Armed Services" for "Committee on National Security".
      1996 - Pub. L. 104-293, Sec. 803(b)(1), substituted
    "intelligence" for "intelligence community activities" in section
    catchline.
      Subsecs. (a), (b). Pub. L. 104-293, Sec. 803(a), added subsecs.
    (a) and (b) and struck out former subsecs. (a) and (b), which read
    as follows:
      "(a) In General. - The Director of Central Intelligence shall
    submit to Congress an annual report on the activities of the
    intelligence community. The annual report under this section shall
    be unclassified.
      "(b) Matters To Be Covered In Annual Report. - Each report under
    this section shall describe - 
        "(1) the activities of the intelligence community during the
      preceding fiscal year, including significant successes and
      failures that can be described in an unclassified manner; and
        "(2) the areas of the world and the issues that the Director
      expects will require increased or unusual attention from the
      intelligence community during the next fiscal year."
      Subsec. (c). Pub. L. 104-293, Sec. 803(a), added subsec. (c)
    providing definition.


-EXEC-
                          DELEGATION OF AUTHORITY                      
      Memorandum of President of the United States, Aug. 5, 1997, 62
    F.R. 51367, provided:
      Memorandum for Director of Central Intelligence
      By virtue of the authority vested in me by the Constitution and
    laws of the United States of America, including section 301 of
    title 3 of the United States Code, I hereby delegate the functions
    conferred upon the President by section 803(a) of the Intelligence
    Authorization Act for Fiscal Year 1997, 50 U.S.C. section 404d, to
    the Director of Central Intelligence.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                     William J. Clinton.

-End-



-CITE-
    50 USC Sec. 404d-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404d-1. Transferred

-COD-
                               CODIFICATION                           
      Section 404d-1 of this title, act July 26, 1947, ch. 343, title
    I, Sec. 110, as added Oct. 11, 1996, Pub. L. 104-293, title III,
    Sec. 308(a), 110 Stat. 3466, which related to restrictions on
    intelligence sharing with United Nations, was renumbered section
    112 of act July 26, 1947, by Pub. L. 105-107, title III, Sec.
    303(b), Nov. 20, 1997, 111 Stat. 2252, and was transferred to
    section 404g of this title.

-End-



-CITE-
    50 USC Sec. 404e                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404e. National mission of National Geospatial-Intelligence
      Agency

-STATUTE-
    (a) In general
      In addition to the Department of Defense missions set forth in
    section 442 of title 10, the National Geospatial-Intelligence
    Agency shall support the geospatial intelligence requirements of
    the Department of State and other departments and agencies of the
    United States outside the Department of Defense.
    (b) Requirements and priorities
      The Director of National Intelligence shall establish
    requirements and priorities governing the collection of national
    intelligence by the National Geospatial-Intelligence Agency under
    subsection (a) of this section.
    (c) Correction of deficiencies
      The Director of National Intelligence shall develop and implement
    such programs and policies as the Director and the Secretary of
    Defense jointly determine necessary to review and correct
    deficiencies identified in the capabilities of the National
    Geospatial-Intelligence Agency to accomplish assigned national
    missions, including support to the all-source analysis and
    production process. The Director shall consult with the Secretary
    of Defense on the development and implementation of such programs
    and policies. The Secretary shall obtain the advice of the Chairman
    of the Joint Chiefs of Staff regarding the matters on which the
    Director and the Secretary are to consult under the preceding
    sentence.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 110, formerly Sec. 120, as
    added Pub. L. 104-201, div. A, title XI, Sec. 1114(b), Sept. 23,
    1996, 110 Stat. 2685; renumbered Sec. 110, Pub. L. 105-107, title
    III, Sec. 303(b), Nov. 20, 1997, 111 Stat. 2252; amended Pub. L.
    108-136, div. A, title IX, Sec. 921(c)(2), (e)(6), Nov. 24, 2003,
    117 Stat. 1568, 1569; Pub. L. 108-458, title I, Sec. 1071(a)(1)(I),
    (J), Dec. 17, 2004, 118 Stat. 3689.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-458, Sec. 1071(a)(1)(I),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (c). Pub. L. 108-458, Sec. 1071(a)(1)(J), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      2003 - Pub. L. 108-136, Sec. 921(e)(6)(B), substituted "National
    Geospatial-Intelligence Agency" for "National Imagery and Mapping
    Agency" in section catchline.
      Subsec. (a). Pub. L. 108-136, Sec. 921(c)(2), (e)(6)(A),
    substituted "National Geospatial-Intelligence Agency" for "National
    Imagery and Mapping Agency" and "geospatial intelligence" for
    "imagery".
      Subsecs. (b), (c). Pub. L. 108-136, Sec. 921(e)(6)(A),
    substituted "National Geospatial-Intelligence Agency" for "National
    Imagery and Mapping Agency".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 404f                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404f. Repealed. Pub. L. 108-458, title I, Sec. 1075, Dec. 17,
      2004, 118 Stat. 3694

-MISC1-
      Section, act July 26, 1947, ch. 343, title I, Sec. 111, formerly
    Sec. 121, as added Pub. L. 104-201, div. A, title XI, Sec. 1114(c),
    Sept. 23, 1996, 110 Stat. 2685; renumbered Sec. 111, Pub. L. 105-
    107, title III, Sec. 303(b), Nov. 20, 1997, 111 Stat. 2252,
    related to collection tasking authority of Director of Central
    Intelligence.

                         EFFECTIVE DATE OF REPEAL                     
      For Determination by President that repeal take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Repeal effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 404g                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

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

-STATUTE-
    (a) Provision of intelligence information to United Nations
      (1) No United States intelligence information may be provided to
    the United Nations or any organization affiliated with the United
    Nations, or to any officials or employees thereof, unless the
    President certifies to the appropriate committees of Congress that
    the Director of National Intelligence, in consultation with the
    Secretary of State and the Secretary of Defense, has established
    and implemented procedures, and has worked with the United Nations
    to ensure implementation of procedures, for protecting from
    unauthorized disclosure United States intelligence sources and
    methods connected to such information.
      (2) Paragraph (1) may be waived upon written certification by the
    President to the appropriate committees of Congress that providing
    such information to the United Nations or an organization
    affiliated with the United Nations, or to any officials or
    employees thereof, is in the national security interests of the
    United States.
    (b) Annual and special reports
      (1) The President shall report annually to the appropriate
    committees of Congress on the types and volume of intelligence
    provided to the United Nations and the purposes for which it was
    provided during the period covered by the report. The President
    shall also report to the appropriate committees of Congress within
    15 days after it has become known to the United States Government
    that there has been an unauthorized disclosure of intelligence
    provided by the United States to the United Nations.
      (2) The requirement for periodic reports under the first sentence
    of paragraph (1) shall not apply to the provision of intelligence
    that is provided only to, and for the use of, appropriately cleared
    United States Government personnel serving with the United Nations.
      (3) In the case of the annual reports required to be submitted
    under the first sentence of paragraph (1) to the congressional
    intelligence committees, the submittal dates for such reports shall
    be as provided in section 415b of this title.
    (c) Delegation of duties
      The President may not delegate or assign the duties of the
    President under this section.
    (d) Relationship to existing law
      Nothing in this section shall be construed to - 
        (1) impair or otherwise affect the authority of the Director of
      National Intelligence to protect intelligence sources and methods
      from unauthorized disclosure pursuant to section 403-1(i) of this
      title; or
        (2) supersede or otherwise affect the provisions of subchapter
      III of this chapter.
    (e) "Appropriate committees of Congress" defined
      As used in this section, the term "appropriate committees of
    Congress" means the Committee on Foreign Relations and the Select
    Committee on Intelligence of the Senate and the Committee on
    Foreign Relations and the Permanent Select Committee on
    Intelligence of the House of Representatives.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 112, formerly Sec. 110, as
    added Pub. L. 104-293, title III, Sec. 308(a), Oct. 11, 1996, 110
    Stat. 3466; renumbered Sec. 112, Pub. L. 105-107, title III, Sec.
    303(b), Nov. 20, 1997, 111 Stat. 2252; amended Pub. L. 107-306,
    title VIII, Sec. 811(b)(1)(C), Nov. 27, 2002, 116 Stat. 2422; Pub.
    L. 108-177, title III, Secs. 361(b), 377(a), Dec. 13, 2003, 117
    Stat. 2625, 2630; Pub. L. 108-458, title I, Secs. 1071(a)(1)(K),
    (L), 1072(a)(4), Dec. 17, 2004, 118 Stat. 3689, 3692.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 404d-1 of this title
    prior to renumbering by Pub. L. 105-107.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(K),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (d)(1). Pub. L. 108-458, Sec. 1072(a)(4), which directed
    amendment of par. (1) by substituting "section 403-1(i)" for
    "section 403-3(c)(6)", was executed by making the substitution for
    "section 403-3(c)(7)" to reflect the probable intent of Congress
    and the amendment by Pub. L. 108-177, Sec. 377(a). See 2003
    Amendment note below.
      Pub. L. 108-458, Sec. 1071(a)(1)(L), substituted "Director of
    National Intelligence" for "Director of Central Intelligence".
      2003 - Subsec. (b). Pub. L. 108-177, Sec. 361(b)(1), substituted
    "Annual" for "Periodic" in heading.
      Subsec. (b)(1). Pub. L. 108-177, Sec. 361(b)(2), substituted
    "annually" for "semiannually".
      Subsec. (b)(3). Pub. L. 108-177, Sec. 361(b)(3), substituted "the
    annual" for "periodic".
      Subsec. (d)(1). Pub. L. 108-177, Sec. 377(a), substituted
    "section 403-3(c)(7)" for "section 403-3(c)(6)".
      2002 - Subsec. (b)(3). Pub. L. 107-306 added par. (3).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by section 361(b) of Pub. L. 108-177 effective Dec. 31,
    2003, see section 361(n) of Pub. L. 108-177, set out as a note
    under section 1611 of Title 10, Armed Forces.

-End-



-CITE-
    50 USC Sec. 404h                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404h. Detail of intelligence community personnel -
      Intelligence Community Assignment Program

-STATUTE-
    (a) Detail
      (1) Notwithstanding any other provision of law, the head of a
    department with an element in the intelligence community or the
    head of an intelligence community agency or element may detail any
    employee within that department, agency, or element to serve in any
    position in the Intelligence Community Assignment Program on a
    reimbursable or a nonreimbursable basis.
      (2) Nonreimbursable details may be for such periods as are agreed
    to between the heads of the parent and host agencies, up to a
    maximum of three years, except that such details may be extended
    for a period not to exceed one year when the heads of the parent
    and host agencies determine that such extension is in the public
    interest.
    (b) Benefits, allowances, travel, incentives
      (1) An employee detailed under subsection (a) of this section may
    be authorized any benefit, allowance, travel, or incentive
    otherwise provided to enhance staffing by the organization from
    which the employee is detailed.
      (2) The head of an agency of an employee detailed under
    subsection (a) of this section may pay a lodging allowance for the
    employee subject to the following conditions:
        (A) The allowance shall be the lesser of the cost of the
      lodging or a maximum amount payable for the lodging as
      established jointly by the Director of National Intelligence and -
       
          (i) with respect to detailed employees of the Department of
        Defense, the Secretary of Defense; and
          (ii) with respect to detailed employees of other agencies and
        departments, the head of such agency or department.

        (B) The detailed employee maintains a primary residence for the
      employee's immediate family in the local commuting area of the
      parent agency duty station from which the employee regularly
      commuted to such duty station before the detail.
        (C) The lodging is within a reasonable proximity of the host
      agency duty station.
        (D) The distance between the detailed employee's parent agency
      duty station and the host agency duty station is greater than 20
      miles.
        (E) The distance between the detailed employee's primary
      residence and the host agency duty station is 10 miles greater
      than the distance between such primary residence and the
      employees parent duty station.
        (F) The rate of pay applicable to the detailed employee does
      not exceed the rate of basic pay for grade GS-15 of the General
      Schedule.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 113, as added Pub. L. 105-
    107, title III, Sec. 303(a), Nov. 20, 1997, 111 Stat. 2251;
    amended Pub. L. 107-108, title III, Sec. 304, Dec. 28, 2001, 115
    Stat. 1398; Pub. L. 107-306, title VIII, Sec. 841(a), Nov. 27,
    2002, 116 Stat. 2431; Pub. L. 108-458, title I, Sec. 1071(a)(1)(M),
    Dec. 17, 2004, 118 Stat. 3689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      GS-15 of the General Schedule, referred to in subsec. (b)(2)(F),
    is set out under section 5332 of Title 5, Government Organization
    and Employees.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(2)(A). Pub. L. 108-458 substituted "Director
    of National Intelligence" for "Director of Central Intelligence" in
    introductory provisions.
      2002 - Subsec. (c). Pub. L. 107-306 struck out heading and text
    of subsec. (c). Text read as follows: "Not later than March 1,
    1999, and annually thereafter, the Director of Central Intelligence
    shall submit to the Permanent Select Committee on Intelligence of
    the House of Representatives and the Select Committee on
    Intelligence of the Senate a report describing the detail of
    intelligence community personnel pursuant to subsection (a) of this
    section during the 12-month period ending on the date of the
    report. The report shall set forth the number of personnel
    detailed, the identity of parent and host agencies or elements, and
    an analysis of the benefits of the details."
      2001 - Subsec. (b). Pub. L. 107-108 designated existing
    provisions as par. (1) and added par. (2).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                              EFFECTIVE DATE                          
      Pub. L. 105-107, title III, Sec. 303(d), Nov. 20, 1997, 111 Stat.
    2252, provided that: "The amendment made by subsection (a)
    [enacting this section] shall apply to an employee on detail on or
    after January 1, 1997."

-End-



-CITE-
    50 USC Sec. 404i                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404i. Additional annual reports from the Director of National
      Intelligence

-STATUTE-
    (a) Annual report on the safety and security of Russian nuclear
      facilities and nuclear military forces
      (1) The Director of National Intelligence shall submit to the
    congressional leadership on an annual basis, and to the
    congressional intelligence committees on the date each year
    provided in section 415b of this title, an intelligence report
    assessing the safety and security of the nuclear facilities and
    nuclear military forces in Russia.
      (2) Each such report shall include a discussion of the following:
        (A) The ability of the Government of Russia to maintain its
      nuclear military forces.
        (B) The security arrangements at civilian and military nuclear
      facilities in Russia.
        (C) The reliability of controls and safety systems at civilian
      nuclear facilities in Russia.
        (D) The reliability of command and control systems and
      procedures of the nuclear military forces in Russia.

      (3) Each such report shall be submitted in unclassified form, but
    may contain a classified annex.
    (b) Annual report on hiring and retention of minority employees
      (1) The Director of National Intelligence shall, on an annual
    basis, submit to Congress a report on the employment of covered
    persons within each element of the intelligence community for the
    preceding fiscal year.
      (2) Each such report shall include disaggregated data by category
    of covered person from each element of the intelligence community
    on the following:
        (A) Of all individuals employed in the element during the
      fiscal year involved, the aggregate percentage of such
      individuals who are covered persons.
        (B) Of all individuals employed in the element during the
      fiscal year involved at the levels referred to in clauses (i) and
      (ii), the percentage of covered persons employed at such levels:
          (i) Positions at levels 1 through 15 of the General Schedule.
          (ii) Positions at levels above GS-15.

        (C) Of all individuals hired by the element involved during the
      fiscal year involved, the percentage of such individuals who are
      covered persons.

      (3) Each such report shall be submitted in unclassified form, but
    may contain a classified annex.
      (4) Nothing in this subsection shall be construed as providing
    for the substitution of any similar report required under another
    provision of law.
      (5) In this subsection, the term "covered persons" means - 
        (A) racial and ethnic minorities;
        (B) women; and
        (C) individuals with disabilities.
    (c) Annual report on threat of attack on the United States using
      weapons of mass destruction
      (1) Not later each year than the date provided in section 415b of
    this title, the Director of National Intelligence 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.
    (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.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 114, as added Pub. L. 105-
    272, title III, Sec. 307(a), Oct. 20, 1998, 112 Stat. 2401;
    amended Pub. L. 107-306, title III, Secs. 324, 353(b)(6), title
    VIII, Secs. 811(b)(1)(D), 821, 822, Nov. 27, 2002, 116 Stat. 2393,
    2402, 2422, 2426, 2427; Pub. L. 108-177, title III, Sec. 361(c),
    (d), Dec. 13, 2003, 117 Stat. 2625; Pub. L. 108-458, title I, Sec.
    1071(a)(1)(N), (O), (3)(A), (7), Dec. 17, 2004, 118 Stat. 3689,
    3690.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (b)(2)(B), is set
    out under section 5332 of Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458, Sec. 1071(a)(7), substituted "Additional
    annual reports from the Director of National Intelligence" for
    "Additional annual reports from the Director of Central
    Intelligence" in section catchline.
      Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(N), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      Subsec. (b)(1). Pub. L. 108-458, Sec. 1071(a)(1)(O), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      Subsec. (c)(1). Pub. L. 108-458, Sec. 1071(a)(3)(A), substituted
    "Director of National Intelligence" for "Director".
      2003 - Subsec. (a). Pub. L. 108-177, Sec. 361(c), redesignated
    subsec. (b) as (a) and struck out former subsec. (a), which related
    to annual reports on intelligence community cooperation with
    Federal law enforcement agencies.
      Subsecs. (b), (c). Pub. L. 108-177, Sec. 361(c)(2), redesignated
    subsecs. (c) and (d) as (b) and (c), respectively. Former subsec.
    (b) redesignated (a).
      Subsec. (d). Pub. L. 108-177, Sec. 361(d), redesignated subsec.
    (e) as (d) and struck out former subsec. (d), which related to
    annual reports on covert leases of the intelligence community.
      Pub. L. 108-177, Sec. 361(c)(2), redesignated subsec. (e) as (d).
    Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 108-177, Sec. 361(d)(2), redesignated
    subsec. (e) as (d).
      Pub. L. 108-177, Sec. 361(c)(2), redesignated subsec. (f) as (e).
    Former subsec. (e) redesignated (d).
      Subsec. (f). Pub. L. 108-177, Sec. 361(c)(2), redesignated
    subsec. (f) as (e).
      2002 - Subsec. (a)(1). Pub. L. 107-306, Sec. 811(b)(1)(D)(i)(I),
    struck out "the congressional intelligence committees and" before
    "the congressional leadership".
      Subsec. (a)(2) to (4). Pub. L. 107-306, Sec. 811(b)(1)(D)(i)(II),
    (III), added par. (2) and redesignated former pars. (2) and (3) as
    (3) and (4), respectively.
      Subsec. (b)(1). Pub. L. 107-306, Sec. 811(b)(1)(D)(ii),
    substituted "submit to the congressional leadership on an annual
    basis, and to the congressional intelligence committees on the date
    each year provided in section 415b of this title," for ", on an
    annual basis, submit to the congressional intelligence committees
    and the congressional leadership".
      Subsec. (c). Pub. L. 107-306, Sec. 324(2), added subsec. (c).
    Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 107-306, Sec. 821(2), added subsec. (d).
    Former subsec. (d) redesignated (e).
      Pub. L. 107-306, Sec. 353(b)(6), added subsec. (d) and struck out
    heading and text of former subsec. (d). Text read as follows: "In
    this section:
        "(1) The term 'congressional intelligence committees' means the
      Permanent Select Committee on Intelligence of the House of
      Representatives and the Select Committee on Intelligence of the
      Senate.
        "(2) The term 'congressional leadership' means the Speaker and
      the minority leader of the House of Representatives and the
      majority leader and the minority leader of the Senate."
      Pub. L. 107-306, Sec. 324(1), redesignated subsec. (c) as (d).
      Subsec (e). Pub. L. 107-306, Sec. 822(2), added subsec. (e).
    Former subsec. (e) redesignated (f).
      Pub. L. 107-306, Sec. 821(1), redesignated subsec. (d) as (e).
      Subsec. (f). Pub. L. 107-306, Sec. 822(1), redesignated subsec.
    (e) as (f).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-177 effective Dec. 31, 2003, see section
    361(n) of Pub. L. 108-177, set out as a note under section 1611 of
    Title 10, Armed Forces.

    DATE FOR FIRST REPORT ON COOPERATION WITH CIVILIAN LAW ENFORCEMENT
                                 AGENCIES
      Pub. L. 105-272, title III, Sec. 307(c), Oct. 20, 1998, 112 Stat.
    2402, provided that the first report under former subsec. (a) of
    this section was to be submitted not later than Dec. 31, 1999.

-End-



-CITE-
    50 USC Sec. 404i-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404i-1. Annual report on improvement of financial statements
      for auditing purposes

-STATUTE-
      Not later each year than the date provided in section 415b of
    this title, the Director of National Intelligence, the Director of
    the Central Intelligence Agency, the Director of the National
    Security Agency, the Director of the Defense Intelligence Agency,
    and the Director of the National Geospatial-Intelligence Agency
    shall each submit to the congressional intelligence committees a
    report describing the activities being undertaken by such official
    to ensure that the financial statements of such agency can be
    audited in accordance with applicable law and requirements of the
    Office of Management and Budget.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 114A, as added Pub. L. 107-
    306, title VIII, Sec. 823(a), Nov. 27, 2002, 116 Stat. 2427;
    amended Pub. L. 108-136, div. A, title IX, Sec. 921(g), Nov. 24,
    2003, 117 Stat. 1570; Pub. L. 108-458, title I, Sec. 1071(a)(4),
    Dec. 17, 2004, 118 Stat. 3690.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458 substituted "Director of National
    Intelligence, the Director of the Central Intelligence Agency" for
    "Director of Central Intelligence".
      2003 - Pub. L. 108-136 substituted "National Geospatial-
    Intelligence Agency" for "National Imagery and Mapping Agency".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 404j                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404j. Limitation on establishment or operation of diplomatic
      intelligence support centers

-STATUTE-
    (a) In general
      (1) A diplomatic intelligence support center may not be
    established, operated, or maintained without the prior approval of
    the Director of National Intelligence.
      (2) The Director may only approve the establishment, operation,
    or maintenance of a diplomatic intelligence support center if the
    Director determines that the establishment, operation, or
    maintenance of such center is required to provide necessary
    intelligence support in furtherance of the national security
    interests of the United States.
    (b) Prohibition of use of appropriations
      Amounts appropriated pursuant to authorizations by law for
    intelligence and intelligence-related activities may not be
    obligated or expended for the establishment, operation, or
    maintenance of a diplomatic intelligence support center that is not
    approved by the Director of National Intelligence.
    (c) Definitions
      In this section:
        (1) The term "diplomatic intelligence support center" means an
      entity to which employees of the various elements of the
      intelligence community (as defined in section 401a(4) of this
      title) are detailed for the purpose of providing analytical
      intelligence support that - 
          (A) consists of intelligence analyses on military or
        political matters and expertise to conduct limited assessments
        and dynamic taskings for a chief of mission; and
          (B) is not intelligence support traditionally provided to a
        chief of mission by the Director of National Intelligence.

        (2) The term "chief of mission" has the meaning given that term
      by section 3902(3) of title 22, and includes ambassadors at large
      and ministers of diplomatic missions of the United States, or
      persons appointed to lead United States offices abroad designated
      by the Secretary of State as diplomatic in nature.
    (d) Termination
      This section shall cease to be effective on October 1, 2000.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 115, as added Pub. L. 106-
    120, title III, Sec. 303(a), Dec. 3, 1999, 113 Stat. 1610; amended
    Pub. L. 108-458, title I, Sec. 1071(a)(1)(P)-(R), Dec. 17, 2004,
    118 Stat. 3689.)


-MISC1-
                                 AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(P),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (b). Pub. L. 108-458, Sec. 1071(a)(1)(Q), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      Subsec. (c)(1)(B). Pub. L. 108-458, Sec. 1071(a)(1)(R),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 404k                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404k. Travel on any common carrier for certain intelligence
      collection personnel

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law, the Director of
    National Intelligence may authorize travel on any common carrier
    when such travel, in the discretion of the Director - 
        (1) is consistent with intelligence community mission
      requirements, or
        (2) is required for cover purposes, operational needs, or other
      exceptional circumstances necessary for the successful
      performance of an intelligence community mission.
    (b) Authorized delegation of duty
      The Director of National Intelligence may only delegate the
    authority granted by this section to the Principal Deputy Director
    of National Intelligence, or with respect to employees of the
    Central Intelligence Agency, to the Director of the Central
    Intelligence Agency.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 116, as added Pub. L. 106-
    567, title III, Sec. 305(a), Dec. 27, 2000, 114 Stat. 2838;
    amended Pub. L. 108-458, title I, Secs. 1071(a)(1)(S), (3)(B),
    1072(a)(5), Dec. 17, 2004, 118 Stat. 3689, 3690, 3692.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458, Sec. 1071(a)(1)(S),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence" in introductory provisions.
      Subsec. (b). Pub. L. 108-458, Sec. 1072(a)(5), which directed
    amendment of subsec. (b) by substituting "to the Principal Deputy
    Director of National Intelligence, or with respect to employees of
    the Central Intelligence Agency, to the Director of the Central
    Intelligence Agency" for "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", was executed by making the
    substitution for "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", to reflect the probable intent of Congress.
      Pub. L. 108-458, Sec. 1071(a)(3)(B), which directed amendment of
    subsec. (b) by substituting "Director of National Intelligence" for
    "Director" each place it appeared, was executed by making the
    substitution the first place it appeared to reflect the probable
    intent of Congress.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 404l                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404l. POW/MIA analytic capability

-STATUTE-
    (a) Requirement
      (1) The Director of National Intelligence shall, in consultation
    with the Secretary of Defense, establish and maintain in the
    intelligence community an analytic capability with responsibility
    for intelligence in support of the activities of the United States
    relating to individuals who, after December 31, 1990, are
    unaccounted for United States personnel.
      (2) The analytic capability maintained under paragraph (1) shall
    be known as the "POW/MIA analytic capability of the intelligence
    community".
    (b) Unaccounted for United States personnel
      In this section, the term "unaccounted for United States
    personnel" means the following:
        (1) Any missing person (as that term is defined in section
      1513(1) of title 10).
        (2) Any United States national who was killed while engaged in
      activities on behalf of the United States and whose remains have
      not been repatriated to the United States.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 117, as added Pub. L. 106-
    567, title III, Sec. 307(a), Dec. 27, 2000, 114 Stat. 2839;
    amended Pub. L. 108-458, title I, Sec. 1071(a)(1)(T), Dec. 17,
    2004, 118 Stat. 3689.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458 substituted "Director of
    National Intelligence" for "Director of Central Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 404m                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404m. Semiannual report on financial intelligence on terrorist
      assets

-STATUTE-
    (a) Semiannual report
      On a semiannual basis, the Secretary of the Treasury (acting
    through the head of the Office of Intelligence Support) shall
    submit a report to the appropriate congressional committees that
    fully informs the committees concerning operations against
    terrorist financial networks. Each such report shall include with
    respect to the preceding six-month period - 
        (1) the total number of asset seizures, designations, and other
      actions against individuals or entities found to have engaged in
      financial support of terrorism;
        (2) the total number of applications for asset seizure and
      designations of individuals or entities suspected of having
      engaged in financial support of terrorist activities that were
      granted, modified, or denied;
        (3) the total number of physical searches of offices,
      residences, or financial records of individuals or entities
      suspected of having engaged in financial support for terrorist
      activity; and
        (4) whether the financial intelligence information seized in
      these cases has been shared on a full and timely basis with the
      all departments, agencies, and other entities of the United
      States Government involved in intelligence activities
      participating in the Foreign Terrorist Asset Tracking Center.
    (b) Immediate notification for emergency designation
      In the case of a designation of an individual or entity, or the
    assets of an individual or entity, as having been found to have
    engaged in terrorist activities, the Secretary of the Treasury
    shall report such designation within 24 hours of such a designation
    to the appropriate congressional committees.
    (c) Submittal date of reports to congressional intelligence
      committees
      In the case of the reports required to be submitted under
    subsection (a) of this section to the congressional intelligence
    committees, the submittal dates for such reports shall be as
    provided in section 415b of this title.
    (d) Appropriate congressional committees defined
      In this section, the term "appropriate congressional committees"
    means the following:
        (1) The Permanent Select Committee on Intelligence, the
      Committee on Appropriations, and the Committee on Financial
      Services of the House of Representatives.
        (2) The Select Committee on Intelligence, the Committee on
      Appropriations, and the Committee on Banking, Housing, and Urban
      Affairs of the Senate.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 118, as added Pub. L. 107-
    306, title III, Sec. 342(a)(1), Nov. 27, 2002, 116 Stat. 2398.)

-End-



-CITE-
    50 USC Sec. 404n                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404n. National Virtual Translation Center

-STATUTE-
    (a) Establishment
      The Director of National Intelligence shall establish in the
    intelligence community an element with the function of connecting
    the elements of the intelligence community engaged in the
    acquisition, storage, translation, or analysis of voice or data in
    digital form.
    (b) Designation
      The element established under subsection (a) of this section
    shall be known as the National Virtual Translation Center.
    (c) Function
      The element established under subsection (a) of this section
    shall provide for timely and accurate translations of foreign
    intelligence for all elements of the intelligence community through
    - 
        (1) the integration of the translation capabilities of the
      intelligence community;
        (2) the use of remote-connection capabilities; and
        (3) the use of such other capabilities as the Director
      considers appropriate.
    (d) Administrative matters
      (1) The Director shall retain direct supervision and control over
    the element established under subsection (a) of this section.
      (2) The element established under subsection (a) of this section
    shall connect elements of the intelligence community utilizing the
    most current available information technology that is applicable to
    the function of the element.
      (3) Personnel of the element established under subsection (a) of
    this section may carry out the duties and functions of the element
    at any location that - 
        (A) has been certified as a secure facility by a department or
      agency of the United States Government; or
        (B) the Director has otherwise determined to be appropriate for
      such duties and functions (!1)

    (e) Deadline for establishment
      The element required by subsection (a) of this section shall be
    established as soon as practicable after November 27, 2002, but not
    later than 90 days after November 27, 2002.

-SOURCE-
    (Pub. L. 107-306, title III, Sec. 313, Nov. 27, 2002, 116 Stat.
    2391; Pub. L. 108-458, title I, Sec. 1071(g)(2)(A)(i), Dec. 17,
    2004, 118 Stat. 3691; Pub. L. 108-487, title III, Sec. 304, Dec.
    23, 2004, 118 Stat. 3944.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 2003, and not as part of the National Security Act
    of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458 substituted "Director of
    National Intelligence" for "Director of Central Intelligence,
    acting as the head of the intelligence community,".
      Subsec. (c). Pub. L. 108-487, Sec. 304(a)(2), added subsec. (c).
    Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 108-487, Sec. 304(a)(1), (b), redesignated
    subsec. (c) as (d) and added par. (3). Former subsec. (d)
    redesignated (e).
      Subsec. (e). Pub. L. 108-487, Sec. 304(a)(1), redesignated
    subsec. (d) as (e).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.


-End-



-CITE-
    50 USC Sec. 404n-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404n-1. Foreign Terrorist Asset Tracking Center

-STATUTE-
    (a) Establishment
      The Director of National Intelligence shall establish within the
    Central Intelligence Agency an element responsible for conducting
    all-source intelligence analysis of information relating to the
    financial capabilities, practices, and activities of individuals,
    groups, and nations associated with international terrorism in
    their activities relating to international terrorism.
    (b) Designation
      The element established under subsection (a) of this section
    shall be known as the Foreign Terrorist Asset Tracking Center.
    (c) Deadline for establishment
      The element required by subsection (a) of this section shall be
    established as soon as practicable after November 27, 2002, but not
    later than 90 days after November 27, 2002.

-SOURCE-
    (Pub. L. 107-306, title III, Sec. 341, Nov. 27, 2002, 116 Stat.
    2398; Pub. L. 108-458, title I, Sec. 1071(g)(2)(C), Dec. 17, 2004,
    118 Stat. 3691.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 2003, and not as part of the National Security Act
    of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458 substituted "Director of
    National Intelligence shall establish within the Central
    Intelligence Agency" for "Director of Central Intelligence, acting
    as the head of the intelligence community, shall establish in the
    Central Intelligence Agency".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 404n-2                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404n-2. Terrorist Identification Classification System

-STATUTE-
    (a) Requirement
      (1) The Director of National Intelligence shall - 
        (A) establish and maintain a list of individuals who are known
      or suspected international terrorists, and of organizations that
      are known or suspected international terrorist organizations; and
        (B) ensure that pertinent information on the list is shared
      with the departments, agencies, and organizations described by
      subsection (c) of this section.

      (2) The list under paragraph (1), and the mechanisms for sharing
    information on the list, shall be known as the "Terrorist
    Identification Classification System".
    (b) Administration
      (1) The Director shall prescribe requirements for the inclusion
    of an individual or organization on the list required by subsection
    (a) of this section, and for the deletion or omission from the list
    of an individual or organization currently on the list.
      (2) The Director shall ensure that the information utilized to
    determine the inclusion, or deletion or omission, of an individual
    or organization on or from the list is derived from all-source
    intelligence.
      (3) The Director shall ensure that the list is maintained in
    accordance with existing law and regulations governing the
    collection, storage, and dissemination of intelligence concerning
    United States persons.
    (c) Information sharing
      Subject to section 403-1(i) of this title, relating to the
    protection of intelligence sources and methods, the Director shall
    provide for the sharing of the list, and information on the list,
    with such departments and agencies of the Federal Government, State
    and local government agencies, and entities of foreign governments
    and international organizations as the Director considers
    appropriate.
    (d) Reporting and certification
      (1) The Director shall review on an annual basis the information
    provided by various departments and agencies for purposes of the
    list under subsection (a) of this section in order to determine
    whether or not the information so provided is derived from the
    widest possible range of intelligence available to such departments
    and agencies.
      (2) The Director shall, as a result of each review under
    paragraph (1), certify whether or not the elements of the
    intelligence community responsible for the collection of
    intelligence related to the list have provided information for
    purposes of the list that is derived from the widest possible range
    of intelligence available to such department and agencies.
    (e) Report on criteria for information sharing
      (1) Not later then March 1, 2003, the Director shall submit to
    the congressional intelligence committees a report describing the
    criteria used to determine which types of information on the list
    required by subsection (a) of this section are to be shared, and
    which types of information are not to be shared, with various
    departments and agencies of the Federal Government, State and local
    government agencies, and entities of foreign governments and
    international organizations.
      (2) The report shall include a description of the circumstances
    in which the Director has determined that sharing information on
    the list with the departments and agencies of the Federal
    Government, and of State and local governments, described by
    subsection (c) of this section would be inappropriate due to the
    concerns addressed by section 403-3(c)(7) (!1) of this title,
    relating to the protection of sources and methods, and any instance
    in which the sharing of information on the list has been
    inappropriate in light of such concerns.

    (f) System administration requirements
      (1) The Director shall, to the maximum extent practicable, ensure
    the interoperability of the Terrorist Identification Classification
    System with relevant information systems of the departments and
    agencies of the Federal Government, and of State and local
    governments, described by subsection (c) of this section.
      (2) The Director shall ensure that the System utilizes
    technologies that are effective in aiding the identification of
    individuals in the field.
    (g) Report on status of System
      (1) Not later than one year after November 27, 2002, the Director
    shall, in consultation with the Director of Homeland Security,
    submit to the congressional intelligence committees a report on the
    status of the Terrorist Identification Classification System. The
    report shall contain a certification on the following:
        (A) Whether the System contains the intelligence information
      necessary to facilitate the contribution of the System to the
      domestic security of the United States.
        (B) Whether the departments and agencies having access to the
      System have access in a manner that permits such departments and
      agencies to carry out appropriately their domestic security
      responsibilities.
        (C) Whether the System is operating in a manner that maximizes
      its contribution to the domestic security of the United States.
        (D) If a certification under subparagraph (A), (B), or (C) is
      in the negative, the modifications or enhancements of the System
      necessary to ensure a future certification in the positive.

      (2) The report shall be submitted in unclassified form, but may
    include a classified annex.
    (h) Congressional intelligence committees defined
      In this section, the term "congressional intelligence committees"
    means - 
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House
      of Representatives.

-SOURCE-
    (Pub. L. 107-306, title III, Sec. 343, Nov. 27, 2002, 116 Stat.
    2399; Pub. L. 108-177, title III, Sec. 377(d), Dec. 13, 2003, 117
    Stat. 2631; Pub. L. 108-458, title I, Secs. 1071(g)(2)(A)(ii),
    1072(d)(1)(A), Dec. 17, 2004, 118 Stat. 3691, 3693.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 403-3 of this title, referred to in subsec. (e)(2), was
    repealed and a new section 403-3 enacted by Pub. L. 108-458, title
    I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3643, without
    corresponding amendment to subsec. (e)(2) of this section. The new
    section 403-3 contains a subsec. (c) relating to the composition of
    the Office of the Director of National Intelligence.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 2003, and not as part of the National Security Act
    of 1947 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(g)(2)(A)(ii),
    which directed amendment of par. (1) by substituting "Director of
    National Intelligence" for "Director of Central Intelligence,
    acting as the head of the intelligence community,", was executed by
    making the substitution for "Director of Central Intelligence,
    acting as head of the Intelligence Community," in introductory
    provisions to reflect the probable intent of Congress.
      Subsec. (c). Pub. L. 108-458, Sec. 1072(d)(1)(A), which directed
    amendment of subsec. (c) by substituting "section 403-1(i)" for
    "section 403-3(c)(6)", was executed by making the substitution for
    "section 403-3(c)(7)" to reflect the probable intent of Congress
    and the amendment by Pub. L. 108-177. See 2003 Amendment note
    below.
      2003 - Subsecs. (c), (e)(2). Pub. L. 108-177, Sec. 377(d),
    substituted "section 403-3(c)(7) of this title" for "section 403-
    3(c)(6) of this title".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 404n-3                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404n-3. Repealed. Pub. L. 108-177, title III, Sec. 361(e),
      Dec. 13, 2003, 117 Stat. 2625

-MISC1-
      Section, Pub. L. 107-306, title VIII, Sec. 827, Nov. 27, 2002,
    116 Stat. 2430, related to annual report on foreign companies
    involved in the proliferation of weapons of mass destruction that
    raise funds in the United States capital markets.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Dec. 31, 2003, see section 361(n) of Pub. L. 108-
    177, set out as an Effective Date of 2003 Amendment note under
    section 1611 of Title 10, Armed Forces.

-End-



-CITE-
    50 USC Sec. 404o                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404o. National Counterterrorism Center

-STATUTE-
    (a) Establishment of Center
      There is within the Office of the Director of National
    Intelligence a National Counterterrorism Center.
    (b) Director of National Counterterrorism Center
      (1) There is a Director of the National Counterterrorism Center,
    who shall be the head of the National Counterterrorism Center, and
    who shall be appointed by the President, by and with the advice and
    consent of the Senate.
      (2) The Director of the National Counterterrorism Center may not
    simultaneously serve in any other capacity in the executive branch.
    (c) Reporting
      (1) The Director of the National Counterterrorism Center shall
    report to the Director of National Intelligence with respect to
    matters described in paragraph (2) and the President with respect
    to matters described in paragraph (3).
      (2) The matters described in this paragraph are as follows:
        (A) The budget and programs of the National Counterterrorism
      Center.
        (B) The activities of the Directorate of Intelligence of the
      National Counterterrorism Center under subsection (h) of this
      section.
        (C) The conduct of intelligence operations implemented by other
      elements of the intelligence community; and

      (3) The matters described in this paragraph are the planning and
    progress of joint counterterrorism operations (other than
    intelligence operations).
    (d) Primary missions
      The primary missions of the National Counterterrorism Center
    shall be as follows:
        (1) To serve as the primary organization in the United States
      Government for analyzing and integrating all intelligence
      possessed or acquired by the United States Government pertaining
      to terrorism and counterterrorism, excepting intelligence
      pertaining exclusively to domestic terrorists and domestic
      counterterrorism.
        (2) To conduct strategic operational planning for
      counterterrorism activities, integrating all instruments of
      national power, including diplomatic, financial, military,
      intelligence, homeland security, and law enforcement activities
      within and among agencies.
        (3) To assign roles and responsibilities as part of its
      strategic operational planning duties to lead Departments or
      agencies, as appropriate, for counterterrorism activities that
      are consistent with applicable law and that support
      counterterrorism strategic operational plans, but shall not
      direct the execution of any resulting operations.
        (4) To ensure that agencies, as appropriate, have access to and
      receive all-source intelligence support needed to execute their
      counterterrorism plans or perform independent, alternative
      analysis.
        (5) To ensure that such agencies have access to and receive
      intelligence needed to accomplish their assigned activities.
        (6) To serve as the central and shared knowledge bank on known
      and suspected terrorists and international terror groups, as well
      as their goals, strategies, capabilities, and networks of
      contacts and support.
    (e) Domestic counterterrorism intelligence
      (1) The Center may, consistent with applicable law, the direction
    of the President, and the guidelines referred to in section 403-
    1(b) of this title, receive intelligence pertaining exclusively to
    domestic counterterrorism from any Federal, State, or local
    government or other source necessary to fulfill its
    responsibilities and retain and disseminate such intelligence.
      (2) Any agency authorized to conduct counterterrorism activities
    may request information from the Center to assist it in its
    responsibilities, consistent with applicable law and the guidelines
    referred to in section 403-1(b) of this title.
    (f) Duties and responsibilities of Director
      (1) The Director of the National Counterterrorism Center shall - 
        (A) serve as the principal adviser to the Director of National
      Intelligence on intelligence operations relating to
      counterterrorism;
        (B) provide strategic operational plans for the civilian and
      military counterterrorism efforts of the United States Government
      and for the effective integration of counterterrorism
      intelligence and operations across agency boundaries, both inside
      and outside the United States;
        (C) advise the Director of National Intelligence on the extent
      to which the counterterrorism program recommendations and budget
      proposals of the departments, agencies, and elements of the
      United States Government conform to the priorities established by
      the President;
        (D) disseminate terrorism information, including current
      terrorism threat analysis, to the President, the Vice President,
      the Secretaries of State, Defense, and Homeland Security, the
      Attorney General, the Director of the Central Intelligence
      Agency, and other officials of the executive branch as
      appropriate, and to the appropriate committees of Congress;
        (E) support the Department of Justice and the Department of
      Homeland Security, and other appropriate agencies, in fulfillment
      of their responsibilities to disseminate terrorism information,
      consistent with applicable law, guidelines referred to in section
      403-1(b) of this title, Executive orders and other Presidential
      guidance, to State and local government officials, and other
      entities, and coordinate dissemination of terrorism information
      to foreign governments as approved by the Director of National
      Intelligence;
        (F) develop a strategy for combining terrorist travel
      intelligence operations and law enforcement planning and
      operations into a cohesive effort to intercept terrorists, find
      terrorist travel facilitators, and constrain terrorist mobility;
        (G) have primary responsibility within the United States
      Government for conducting net assessments of terrorist threats;
        (H) consistent with priorities approved by the President,
      assist the Director of National Intelligence in establishing
      requirements for the intelligence community for the collection of
      terrorism information; and
        (I) perform such other duties as the Director of National
      Intelligence may prescribe or are prescribed by law.

      (2) Nothing in paragraph (1)(G) shall limit the authority of the
    departments and agencies of the United States to conduct net
    assessments.
    (g) Limitation
      The Director of the National Counterterrorism Center may not
    direct the execution of counterterrorism operations.
    (h) Resolution of disputes
      The Director of National Intelligence shall resolve disagreements
    between the National Counterterrorism Center and the head of a
    department, agency, or element of the United States Government on
    designations, assignments, plans, or responsibilities under this
    section. The head of such a department, agency, or element may
    appeal the resolution of the disagreement by the Director of
    National Intelligence to the President.
    (i) Directorate of Intelligence
      The Director of the National Counterterrorism Center shall
    establish and maintain within the National Counterterrorism Center
    a Directorate of Intelligence which shall have primary
    responsibility within the United States Government for analysis of
    terrorism and terrorist organizations (except for purely domestic
    terrorism and domestic terrorist organizations) from all sources of
    intelligence, whether collected inside or outside the United
    States.
    (j) Directorate of Strategic Operational Planning
      (1) The Director of the National Counterterrorism Center shall
    establish and maintain within the National Counterterrorism Center
    a Directorate of Strategic Operational Planning which shall provide
    strategic operational plans for counterterrorism operations
    conducted by the United States Government.
      (2) Strategic operational planning shall include the mission,
    objectives to be achieved, tasks to be performed, interagency
    coordination of operational activities, and the assignment of roles
    and responsibilities.
      (3) The Director of the National Counterterrorism Center shall
    monitor the implementation of strategic operational plans, and
    shall obtain information from each element of the intelligence
    community, and from each other department, agency, or element of
    the United States Government relevant for monitoring the progress
    of such entity in implementing such plans.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 119, as added Pub. L. 108-
    458, title I, Sec. 1021, Dec. 17, 2004, 118 Stat. 3672.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

             STRATEGY FOR COUNTERTERRORIST TRAVEL INTELLIGENCE         
      Pub. L. 108-458, title VII, Sec. 7201(b), Dec. 17, 2004, 118
    Stat. 3809, directed the Director of the National Counterterrorism
    Center, not later than 1 year after Dec. 17, 2004, to submit to
    Congress unclassified and classified versions of a strategy, to be
    developed in coordination with all relevant Federal agencies, for
    combining terrorist travel intelligence, operations, and law
    enforcement into a cohesive effort to intercept terrorists, find
    terrorist travel facilitators, and constrain terrorist mobility
    domestically and internationally.


-EXEC-
           EX. ORD. NO. 13354. NATIONAL COUNTERTERRORISM CENTER       
      Ex. Ord. No. 13354, Aug. 27, 2004, 69 F.R. 53589, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including section
    103(c)(8) of the National Security Act of 1947, as amended [former
    50 U.S.C. 403-3(c)(8)] (Act), and to protect the security of the
    United States through strengthened intelligence analysis and
    strategic planning and intelligence support to operations to
    counter transnational terrorist threats against the territory,
    people, and interests of the United States of America, it is hereby
    ordered as follows:
      Section 1. Policy. (a) To the maximum extent consistent with
    applicable law, agencies shall give the highest priority to (i) the
    detection, prevention, disruption, preemption, and mitigation of
    the effects of transnational terrorist activities against the
    territory, people, and interests of the United States of America,
    (ii) the interchange of terrorism information among agencies, (iii)
    the interchange of terrorism information between agencies and
    appropriate authorities of States and local governments, and (iv)
    the protection of the ability of agencies to acquire additional
    such information.
      (b) Agencies shall protect the freedom, information privacy, and
    other legal rights of Americans in the conduct of activities
    implementing section 1(a) of this order.
      Sec. 2. Establishment of National Counterterrorism Center. (a)
    There is hereby established a National Counterterrorism Center
    (Center).
      (b) A Director of the Center shall supervise the Center.
      (c) The Director of the Center shall be appointed by the Director
    of Central Intelligence with the approval of the President.
      (d) The Director of Central Intelligence shall have authority,
    direction, and control over the Center and the Director of the
    Center.
      Sec. 3. Functions of the Center. The Center shall have the
    following functions:
      (a) serve as the primary organization in the United States
    Government for analyzing and integrating all intelligence possessed
    or acquired by the United States Government pertaining to terrorism
    and counterterrorism, excepting purely domestic counterterrorism
    information. The Center may, consistent with applicable law,
    receive, retain, and disseminate information from any Federal,
    State, or local government, or other source necessary to fulfill
    its responsibilities concerning the policy set forth in section 1
    of this order; and agencies authorized to conduct counterterrorism
    activities may query Center data for any information to assist in
    their respective responsibilities;
      (b) conduct strategic operational planning for counterterrorism
    activities, integrating all instruments of national power,
    including diplomatic, financial, military, intelligence, homeland
    security, and law enforcement activities within and among agencies;
      (c) assign operational responsibilities to lead agencies for
    counterterrorism activities that are consistent with applicable law
    and that support strategic plans to counter terrorism. The Center
    shall ensure that agencies have access to and receive intelligence
    needed to accomplish their assigned activities. The Center shall
    not direct the execution of operations. Agencies shall inform the
    National Security Council and the Homeland Security Council of any
    objections to designations and assignments made by the Center in
    the planning and coordination of counterterrorism activities;
      (d) serve as the central and shared knowledge bank on known and
    suspected terrorists and international terror groups, as well as
    their goals, strategies, capabilities, and networks of contacts and
    support; and
      (e) ensure that agencies, as appropriate, have access to and
    receive all-source intelligence support needed to execute their
    counterterrorism plans or perform independent, alternative
    analysis.
      Sec. 4. Duties of the Director of Central Intelligence. The
    Director of Central Intelligence shall:
      (a) exercise the authority available by law to the Director of
    Central Intelligence to implement this order, including, as
    appropriate, the authority set forth in section 102(e)(2)(H) of the
    Act [former 50 U.S.C. 403(e)(2)(H)];
      (b) report to the President on the implementation of this order,
    within 120 days after the date of this order and thereafter not
    less often than annually, including an assessment by the Director
    of Central Intelligence of:
        (1) the effectiveness of the United States in implementing the
      policy set forth in section 1 of this order, to the extent
      execution of that policy is within the responsibilities of the
      Director of Central Intelligence;
        (2) the effectiveness of the Center in the implementation of
      the policy set forth in section 1 of this order, to the extent
      execution of that policy is within the responsibilities of the
      Director of Central Intelligence; and
        (3) the cooperation of the heads of agencies in the
      implementation of this order; and
      (c) ensure the performance of all-source intelligence analysis
    that, among other qualities, routinely considers and presents
    alternative analytical views to the President, the Vice President
    in the performance of executive functions, and other officials of
    the executive branch as appropriate.
      Sec. 5. Duties of the Director of the Center. In implementing the
    policy set forth in section 1 of this order and ensuring that the
    Center effectively performs the functions set forth in section 3 of
    this order, the Director of the Center shall:
      (a) access, as deemed necessary by the Director of the Center for
    the performance of the Center's functions, information to which the
    Director of the Center is granted access by section 6 of this
    order;
      (b) correlate, analyze, evaluate, integrate, and produce reports
    on terrorism information;
      (c) disseminate transnational terrorism information, including
    current terrorism threat analysis, to the President, the Vice
    President in the performance of Executive functions, the
    Secretaries of State, Defense, and Homeland Security, the Attorney
    General, the Director of Central Intelligence, and other officials
    of the executive branch as appropriate;
      (d) support the Department of Homeland Security, and the
    Department of Justice, and other appropriate agencies, in
    fulfillment of their responsibility to disseminate terrorism
    information, consistent with applicable law, Executive Orders and
    other Presidential guidance, to State and local government
    officials, and other entities, and coordinate dissemination of
    terrorism information to foreign governments when approved by the
    Director of Central Intelligence;
      (e) establish both within the Center, and between the Center and
    agencies, information systems and architectures for the effective
    access to and integration, dissemination, and use of terrorism
    information from whatever sources derived;
      (f) undertake, as soon as the Director of Central Intelligence
    determines it to be practicable, all functions assigned to the
    Terrorist Threat Integration Center;
      (g) consistent with priorities approved by the President, assist
    the Director of Central Intelligence in establishing requirements
    for the Intelligence Community for the collection of terrorism
    information, to include ensuring military force protection
    requirements are met;
      (h) under the direction of the Director of Central Intelligence,
    and in consultation with heads of agencies with organizations in
    the Intelligence Community, identify, coordinate, and prioritize
    counterterrorism intelligence requirements for the Intelligence
    Community; and
      (i) identify, together with relevant agencies, specific
    counterterrorism planning efforts to be initiated or accelerated to
    protect the national security.
      Sec. 6. Duties of the Heads of Agencies. (a) To implement the
    policy set forth in section 1 of this order:
        (i) the head of each agency that possesses or acquires
      terrorism information:
        (A) shall promptly give access to such information to the
      Director of the Center, unless prohibited by law (such as section
      103(c)(7) of the Act [former 50 U.S.C. 403-3(c)(7)] or Executive
      Order 12958, as amended [50 U.S.C. 435 note]) or otherwise
      directed by the President;
        (B) shall cooperate in and facilitate the production of reports
      based on terrorism information with contents and formats that
      permit dissemination that maximizes the utility of the
      information in protecting the territory, people, and interests of
      the United States; and
        (C) shall cooperate with the Director of Central Intelligence
      in the preparation of the report to the President required by
      section 4 of this order; and
        (ii) the head of each agency that conducts diplomatic,
      financial, military, homeland security, intelligence, or law
      enforcement activities relating to counterterrorism shall keep
      the Director of the Center fully and currently informed of such
      activities, unless prohibited by law (such as section 103(c)(7)
      of the Act or Executive Order 12958, as amended) or otherwise
      directed by the President.
      (b) The head of each agency shall, consistent with applicable
    law, make available to the Director of the Center such personnel,
    funding, and other resources as the Director of Central
    Intelligence, after consultation with the head of the agency and
    with the approval of the Director of the Office of Management and
    Budget, may request. In order to ensure maximum information sharing
    consistent with applicable law, each agency representative to the
    Center, unless otherwise specified by the Director of Central
    Intelligence, shall operate under the authorities of the
    representative's agency.
      Sec. 7. Definitions. As used in this order:
      (a) the term "agency" has the meaning set forth for the term
    "executive agency" in section 105 of title 5, United States Code,
    together with the Department of Homeland Security, but includes the
    Postal Rate Commission and the United States Postal Service and
    excludes the Government Accountability Office;
      (b) the term "Intelligence Community" has the meaning set forth
    for that term in section 3.4(f) of Executive Order 12333 of
    December 4, 1981, as amended [50 U.S.C. 401 note];
      (c) the terms "local government", "State", and, when used in a
    geographical sense, "United States" have the meanings set forth for
    those terms in section 2 of the Homeland Security Act of 2002 (6
    U.S.C. 101); and
      (d) the term "terrorism information" means all information,
    whether collected, produced, or distributed by intelligence, law
    enforcement, military, homeland security, or other United States
    Government activities, relating to (i) the existence, organization,
    capabilities, plans, intentions, vulnerabilities, means of finance
    or material support, or activities of foreign or international
    terrorist groups or individuals, or of domestic groups or
    individuals involved in transnational terrorism; (ii) threats posed
    by such groups or individuals to the United States, United States
    persons, or United States interests, or to those of other nations;
    (iii) communications of or by such groups or individuals; or (iv)
    information relating to groups or individuals reasonably believed
    to be assisting or associated with such groups or individuals.
      Sec. 8. General Provisions. (a) This order:
        (i) shall be implemented in a manner consistent with applicable
      law, including Federal law protecting the information privacy and
      other legal rights of Americans, and subject to the availability
      of appropriations;
        (ii) shall be implemented in a manner consistent with the
      authority of the principal officers of agencies as heads of their
      respective agencies, including under section 199 of the Revised
      Statutes (22 U.S.C. 2651), section 201 of the Department of
      Energy Reorganization [Organization] Act (42 U.S.C. 7131),
      section 102(a) of the Homeland Security Act of 2002 (6 U.S.C.
      112(a)), and sections 301 of title 5, 113(b) and 162(b) of title
      10, 503 of title 28, and 301(b) of title 31, United States Code;
      and
        (iii) shall not be construed to impair or otherwise affect the
      functions of the Director of the Office of Management and Budget
      relating to budget, administrative, and legislative proposals.
      (b) This order and amendments made by this order are intended
    only to improve the internal management of the Federal Government
    and are not intended to, and do not, create any rights or benefits,
    substantive or procedural, enforceable at law or in equity by a
    party against the United States, its departments, agencies,
    instrumentalities, or entities, its officers, employees, or agents,
    or any other person.
                                                         George W. Bush.

-End-



-CITE-
    50 USC Sec. 404o-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404o-1. National Counter Proliferation Center

-STATUTE-
    (a) Establishment
      Not later than 18 months after December 17, 2004, the President
    shall establish a National Counter Proliferation Center, taking
    into account all appropriate government tools to prevent and halt
    the proliferation of weapons of mass destruction, their delivery
    systems, and related materials and technologies.
    (b) Missions and objectives
      In establishing the National Counter Proliferation Center, the
    President shall address the following missions and objectives to
    prevent and halt the proliferation of weapons of mass destruction,
    their delivery systems, and related materials and technologies:
        (1) Establishing a primary organization within the United
      States Government for analyzing and integrating all intelligence
      possessed or acquired by the United States pertaining to
      proliferation.
        (2) Ensuring that appropriate agencies have full access to and
      receive all-source intelligence support needed to execute their
      counter proliferation plans or activities, and perform
      independent, alternative analyses.
        (3) Establishing a central repository on known and suspected
      proliferation activities, including the goals, strategies,
      capabilities, networks, and any individuals, groups, or entities
      engaged in proliferation.
        (4) Disseminating proliferation information, including
      proliferation threats and analyses, to the President, to the
      appropriate departments and agencies, and to the appropriate
      committees of Congress.
        (5) Conducting net assessments and warnings about the
      proliferation of weapons of mass destruction, their delivery
      systems, and related materials and technologies.
        (6) Coordinating counter proliferation plans and activities of
      the various departments and agencies of the United States
      Government to prevent and halt the proliferation of weapons of
      mass destruction, their delivery systems, and related materials
      and technologies.
        (7) Conducting strategic operational counter proliferation
      planning for the United States Government to prevent and halt the
      proliferation of weapons of mass destruction, their delivery
      systems, and related materials and technologies.
    (c) National security waiver
      The President may waive the requirements of this section, and any
    parts thereof, if the President determines that such requirements
    do not materially improve the ability of the United States
    Government to prevent and halt the proliferation of weapons of mass
    destruction, their delivery systems, and related materials and
    technologies. Such waiver shall be made in writing to Congress and
    shall include a description of how the missions and objectives in
    subsection (b) of this section are being met.
    (d) Report to Congress
      (1) Not later than nine months after the implementation of this
    Act, the President shall submit to Congress, in classified form if
    necessary, the findings and recommendations of the President's
    Commission on Weapons of Mass Destruction established by Executive
    Order in February 2004, together with the views of the President
    regarding the establishment of a National Counter Proliferation
    Center.
      (2) If the President decides not to exercise the waiver authority
    granted by subsection (c) of this section, the President shall
    submit to Congress from time to time updates and plans regarding
    the establishment of a National Counter Proliferation Center.
    (e) Sense of Congress
      It is the sense of Congress that a central feature of counter
    proliferation activities, consistent with the President's
    Proliferation Security Initiative, should include the physical
    interdiction, by air, sea, or land, of weapons of mass destruction,
    their delivery systems, and related materials and technologies, and
    enhanced law enforcement activities to identify and disrupt
    proliferation networks, activities, organizations, and persons.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 119A, as added Pub. L. 108-
    458, title I, Sec. 1022, Dec. 17, 2004, 118 Stat. 3675.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (d)(1), probably means Pub. L.
    108-458, known as the Intelligence Reform and Terrorism Prevention
    Act of 2004, which enacted this section. For complete
    classification of this Act to the Code, see Short Title of 2004
    Amendment note set out under section 401 of this title and Tables.
      The Executive Order in February 2004 establishing the President's
    Commission on Weapons of Mass Destruction, referred to in subsec.
    (d)(1), is Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which
    was revoked by Ex. Ord. No. 13385, Sec. 3(a), Sept. 29, 2005, 70
    F.R. 57990, and was formerly set out as a note under section 2301
    of this title.


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Reporting functions of President under this section assigned to
    the Director of National Intelligence by section 3 of Memorandum of
    President of the United States, Apr. 21, 2005, 70 F.R. 48633, set
    out as a note under section 301 of Title 3, The President.

-End-



-CITE-
    50 USC Sec. 404o-2                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

-HEAD-
    Sec. 404o-2. National Intelligence Centers

-STATUTE-
    (a) Authority to establish
      The Director of National Intelligence may establish one or more
    national intelligence centers to address intelligence priorities,
    including, but not limited to, regional issues.
    (b) Resources of directors of centers
      (1) The Director of National Intelligence shall ensure that the
    head of each national intelligence center under subsection (a) of
    this section has appropriate authority, direction, and control of
    such center, and of the personnel assigned to such center, to carry
    out the assigned mission of such center.
      (2) The Director of National Intelligence shall ensure that each
    national intelligence center has appropriate personnel to
    accomplish effectively the mission of such center.
    (c) Information sharing
      The Director of National Intelligence shall, to the extent
    appropriate and practicable, ensure that each national intelligence
    center under subsection (a) of this section and the other elements
    of the intelligence community share information in order to
    facilitate the mission of such center.
    (d) Mission of centers
      Pursuant to the direction of the Director of National
    Intelligence, each national intelligence center under subsection
    (a) of this section may, in the area of intelligence responsibility
    assigned to such center - 
        (1) have primary responsibility for providing all-source
      analysis of intelligence based upon intelligence gathered both
      domestically and abroad;
        (2) have primary responsibility for identifying and proposing
      to the Director of National Intelligence intelligence collection
      and analysis and production requirements; and
        (3) perform such other duties as the Director of National
      Intelligence shall specify.
    (e) Review and modification of centers
      The Director of National Intelligence shall determine on a
    regular basis whether - 
        (1) the area of intelligence responsibility assigned to each
      national intelligence center under subsection (a) of this section
      continues to meet appropriate intelligence priorities; and
        (2) the staffing and management of such center remains
      appropriate for the accomplishment of the mission of such center.
    (f) Termination
      The Director of National Intelligence may terminate any national
    intelligence center under subsection (a) of this section.
    (g) Separate budget account
      The Director of National Intelligence shall, as appropriate,
    include in the National Intelligence Program budget a separate line
    item for each national intelligence center under subsection (a) of
    this section.

-SOURCE-
    (July 26, 1947, ch. 343, title I, Sec. 119B, as added Pub. L. 108-
    458, title I, Sec. 1023, Dec. 17, 2004, 118 Stat. 3676.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-


-CITE-
    50 USC SUBCHAPTER II - MISCELLANEOUS AND CONFORMING
           PROVISIONS                                      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
          SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS      

-End-



-CITE-
    50 USC Sec. 405                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 405. Advisory committees; appointment; compensation of part-
      time personnel; applicability of other laws

-STATUTE-
      (a) The Director of the Federal Emergency Management Agency, the
    Director of National Intelligence, and the National Security
    Council, acting through its Executive Secretary, are authorized to
    appoint such advisory committees and to employ, consistent with
    other provisions of this Act, such part-time advisory personnel as
    they may deem necessary in carrying out their respective functions
    and the functions of agencies under their control. Persons holding
    other offices or positions under the United States for which they
    receive compensation, while serving as members of such committees,
    shall receive no additional compensation for such service. Retired
    members of the uniformed services employed by the Director of
    National Intelligence who hold no other office or position under
    the United States for which they receive compensation, other
    members of such committees and other part-time advisory personnel
    so employed may serve without compensation or may receive
    compensation at a daily rate not to exceed the daily equivalent of
    the rate of pay in effect for grade GS-18 of the General Schedule
    established by section 5332 of title 5, as determined by the
    appointing authority.
      (b) Service of an individual as a member of any such advisory
    committee, or in any other part-time capacity for a department or
    agency hereunder, shall not be considered as service bringing such
    individual within the provisions of section 203, 205, or 207 of
    title 18, unless the act of such individual, which by such section
    is made unlawful when performed by an individual referred to in
    such section, is with respect to any particular matter which
    directly involves a department or agency which such person is
    advising or in which such department or agency is directly
    interested.

-SOURCE-
    (July 26, 1947, ch. 343, title III, Sec. 303, 61 Stat. 507; Aug.
    10, 1949, ch. 412, Sec. 10(c), 63 Stat. 585; Sept. 3, 1954, ch.
    1263, Sec. 8, 68 Stat. 1228; Aug. 10, 1956, ch. 1041, Sec. 53(b),
    68A Stat. 676, 684; 1958 Reorg. Plan No. 1, Sec. 2, eff. July 1,
    1958, 23 F.R. 4991, 72 Stat. 1799; Pub. L. 90-608, ch. IV, Sec.
    402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff.
    June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, Secs. 1-103, 4-
    102, July 20, 1979, 44 F.R. 43239; Pub. L. 97-89, title V, Sec.
    504, Dec. 4, 1981, 95 Stat. 1153; Pub. L. 100-453, title V, Sec.
    503, Sept. 29, 1988, 102 Stat. 1910; Pub. L. 108-458, title I, Sec.
    1071(a)(1)(U), Dec. 17, 2004, 118 Stat. 3689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), means act July 26, 1947,
    ch. 343, 61 Stat. 495, as amended, known as the National Security
    Act of 1947. For complete classification of this Act to the Code,
    see Short Title note set out under section 401 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458 substituted "Director of
    National Intelligence" for "Director of Central Intelligence" in
    two places.
      1988 - Subsec. (a). Pub. L. 100-453 substituted "Retired members
    of the uniformed services employed by the Director of Central
    Intelligence who hold no other office or position under the United
    States for which they receive compensation, other" for "Other" in
    last sentence.
      1981 - Subsec. (a). Pub. L. 97-89, Sec. 504(a), substituted "at a
    daily rate not to exceed the daily equivalent of the rate of pay in
    effect for grade GS-18 of the General Schedule established by
    section 5332 of title 5" for "at a rate not to exceed $50 for each
    day of service".
      Subsec. (b). Pub. L. 97-89, Sec. 504(b), substituted "section
    203, 205, or 207 of title 18" for "section 281, 283, or 284 of
    title 18".
      1956 - Subsec. (a). Act Aug. 10, 1956, struck out "Secretary of
    Defense, the" after "The".
      1954 - Act Sept. 3, 1954, amended section generally, substituting
    the "Director of the Office of Defense Mobilization" for "Chairman
    of the National Security Resources Board" in subsec. (a), and
    substituting "sections 281, 283, or 284 of title 18" for "sections
    198 or 203 of title 18 or section 119(e) of title 41".
      1949 - Subsec. (a). Act Aug. 10, 1949, inserted reference to
    National Security Council, and increased per diem payable to
    consultants from $35 to $50.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section
    806 of Pub. L. 97-89, set out as an Effective Date note under
    section 1621 of Title 10, Armed Forces.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see sections 313(1), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.
      "Director of the Federal Emergency Management Agency" substituted
    in subsec. (a) for "Director of the Office of Defense
    Mobilization". See note set out under section 404 of this title.
      National Security Council transferred to Executive Office of
    President by Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R.
    5227, 63 Stat. 1067. See note set out under section 402 of this
    title.


-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    50 USC Sec. 406                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 406. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 24, 1948, ch. 632, 62 Stat. 648, which related
    to authority of former Chairman of National Security Resources
    Board to appoint advisory committee members and part-time advisory
    personnel at rates up to $50 per day, has been superseded by
    section 405(a) of this title.

-End-



-CITE-
    50 USC Sec. 407                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 407. Study or plan of surrender; use of appropriations

-STATUTE-
      No part of the funds appropriated in any act shall be used to pay
    (1) any person, firm, or corporation, or any combinations of
    persons, firms, or corporations, to conduct a study or to plan when
    and how or in what circumstances the Government of the United
    States should surrender this country and its people to any foreign
    power, (2) the salary or compensation of any employee or official
    of the Government of the United States who proposes or contracts or
    who has entered into contracts for the making of studies or plans
    for the surrender by the Government of the United States of this
    country and its people to any foreign power in any event or under
    any circumstances.

-SOURCE-
    (Pub. L. 85-766, ch. XVI, Sec. 1602, Aug. 27, 1958, 72 Stat. 884.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Supplemental Appropriation
    Act, 1959, and not as part of the National Security Act of 1947
    which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 408                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 408. Applicable laws

-STATUTE-
      Except to the extent inconsistent with the provisions of this
    Act, the provisions of title 4 of the Revised Statutes as now or
    hereafter amended shall be applicable to the Department of Defense.

-SOURCE-
    (July 26, 1947, ch. 343, title II, Sec. 201(d), as added Aug. 10,
    1949, ch. 412, Sec. 4, 63 Stat. 579.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means act July 26, 1947, ch. 343,
    61 Stat. 495, as amended, known as the National Security Act of
    1947. For complete classification of this Act to the Code, see
    Short Title note set out under section 401 of this title and
    Tables.
      Title 4 of the Revised Statutes, referred to in text, was
    entitled "Provisions Applicable to All Executive Departments", and
    consisted of R.S. Secs. 158 to 198. For provisions of the Code
    derived from such title 4, see sections 101, 301, 303, 304, 503,
    2952, 3101, 3106, 3341, 3345 to 3349, 5535, and 5536 of Title 5,
    Government Organization and Employees; section 207 of Title 18,
    Crimes and Criminal Procedure; sections 514 and 520 of Title 28,
    Judiciary and Judicial Procedure; section 3321 of Title 31, Money
    and Finance.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 171-1 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-



-CITE-
    50 USC Sec. 409                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 409. Definitions of military departments

-STATUTE-
      (a) The term "Department of the Army" as used in this Act shall
    be construed to mean the Department of the Army at the seat of the
    government and all field headquarters, forces, reserve components,
    installations, activities, and functions under the control or
    supervision of the Department of the Army.
      (b) The term "Department of the Navy" as used in this Act shall
    be construed to mean the Department of the Navy at the seat of the
    government; the headquarters, United States Marine Corps; the
    entire operating forces of the United States Navy, including naval
    aviation, and of the United States Marine Corps, including the
    reserve components of such forces; all field activities,
    headquarters, forces, bases, installations, activities, and
    functions under the control or supervision of the Department of the
    Navy; and the United States Coast Guard when operating as a part of
    the Navy pursuant to law.
      (c) The term "Department of the Air Force" as used in this Act
    shall be construed to mean the Department of the Air Force at the
    seat of the government and all field headquarters, forces, reserve
    components, installations, activities, and functions under the
    control or supervision of the Department of the Air Force.

-SOURCE-
    (July 26, 1947, ch. 343, title II, Secs. 205(c), 206(a), 207(c), 61
    Stat. 501, 502.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means act July 26, 1947, ch. 343,
    61 Stat. 495, as amended, known as the National Security Act of
    1947. For complete classification of this Act to the Code, see
    Short Title note set out under section 401 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 171-2 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.
      Prior to the enactment of Title 10, Armed Forces, by act Aug. 10,
    1956, subsecs. (a), (b), and (c) of this section were classified to
    sections 181-1(c), 411a(a), and 626(c), respectively, of former
    Title 5.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    50 USC Sec. 409a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 409a. National Security Agency voluntary separation

-STATUTE-
    (a) Short title
      This section may be cited as the "National Security Agency
    Voluntary Separation Act".
    (b) Definitions
      For purposes of this section - 
        (1) the term "Director" means the Director of the National
      Security Agency; and
        (2) the term "employee" means an employee of the National
      Security Agency, serving under an appointment without time
      limitation, who has been currently employed by the National
      Security Agency for a continuous period of at least 12 months
      prior to the effective date of the program established under
      subsection (c) of this section, except that such term does not
      include - 
          (A) a reemployed annuitant under subchapter III of chapter 83
        or chapter 84 of title 5 or another retirement system for
        employees of the Government; or
          (B) an employee having a disability on the basis of which
        such employee is or would be eligible for disability retirement
        under any of the retirement systems referred to in subparagraph
        (A).
    (c) Establishment of program
      Notwithstanding any other provision of law, the Director, in his
    sole discretion, may establish a program under which employees may,
    after October 1, 2000, be eligible for early retirement, offered
    separation pay to separate from service voluntarily, or both.
    (d) Early retirement
      An employee who - 
        (1) is at least 50 years of age and has completed 20 years of
      service; or
        (2) has at least 25 years of service,

    may, pursuant to regulations promulgated under this section, apply
    and be retired from the National Security Agency and receive
    benefits in accordance with chapter 83 or 84 of title 5 if the
    employee has not less than 10 years of service with the National
    Security Agency.
    (e) Amount of separation pay and treatment for other purposes
      (1) Amount
        Separation pay shall be paid in a lump sum and shall be equal
      to the lesser of - 
          (A) an amount equal to the amount the employee would be
        entitled to receive under section 5595(c) of title 5 if the
        employee were entitled to payment under such section; or
          (B) $25,000.
      (2) Treatment
        Separation pay shall not - 
          (A) be a basis for payment, and shall not be included in the
        computation, of any other type of Government benefit; and
          (B) be taken into account for the purpose of determining the
        amount of any severance pay to which an individual may be
        entitled under section 5595 of title 5 based on any other
        separation.
    (f) Reemployment restrictions
      An employee who receives separation pay under such program may
    not be reemployed by the National Security Agency for the 12-month
    period beginning on the effective date of the employee's
    separation. An employee who receives separation pay under this
    section on the basis of a separation occurring on or after March
    30, 1994, and accepts employment with the Government of the United
    States within 5 years after the date of the separation on which
    payment of the separation pay is based shall be required to repay
    the entire amount of the separation pay to the National Security
    Agency. If the employment is with an Executive agency (as defined
    by section 105 of title 5), the Director of the Office of Personnel
    Management may, at the request of the head of the agency, waive the
    repayment if the individual involved possesses unique abilities and
    is the only qualified applicant available for the position. If the
    employment is with an entity in the legislative branch, the head of
    the entity or the appointing official may waive the repayment if
    the individual involved possesses unique abilities and is the only
    qualified applicant available for the position. If the employment
    is with the judicial branch, the Director of the Administrative
    Office of the United States Courts may waive the repayment if the
    individual involved possesses unique abilities and is the only
    qualified applicant available for the position.
    (g) Bar on certain employment
      (1) Bar
        An employee may not be separated from service under this
      section unless the employee agrees that the employee will not - 
          (A) act as agent or attorney for, or otherwise represent, any
        other person (except the United States) in any formal or
        informal appearance before, or, with the intent to influence,
        make any oral or written communication on behalf of any other
        person (except the United States) to the National Security
        Agency; or
          (B) participate in any manner in the award, modification, or
        extension of any contract for property or services with the
        National Security Agency,

      during the 12-month period beginning on the effective date of the
      employee's separation from service.
      (2) Penalty
        An employee who violates an agreement under this subsection
      shall be liable to the United States in the amount of the
      separation pay paid to the employee pursuant to this section
      multiplied by the proportion of the 12-month period during which
      the employee was in violation of the agreement.
    (h) Limitations
      Under this program, early retirement and separation pay may be
    offered only - 
        (1) with the prior approval of the Director;
        (2) for the period specified by the Director; and
        (3) to employees within such occupational groups or geographic
      locations, or subject to such other similar limitations or
      conditions, as the Director may require.
    (i) Regulations
      Before an employee may be eligible for early retirement,
    separation pay, or both, under this section, the Director shall
    prescribe such regulations as may be necessary to carry out this
    section.
    (j) Notification of exercise of authority
      The Director may not make an offer of early retirement,
    separation pay, or both, pursuant to this section until 15 days
    after submitting to the congressional intelligence committees a
    report describing the occupational groups or geographic locations,
    or other similar limitations or conditions, required by the
    Director under subsection (h) of this section, and includes (!1)
    the proposed regulations issued pursuant to subsection (i) of this
    section.

    (k) Remittance of funds
      In addition to any other payment that is required to be made
    under subchapter III of chapter 83 or chapter 84 of title 5, the
    National Security Agency shall remit to the Office of Personnel
    Management for deposit in the Treasury of the United States to the
    credit of the Civil Service Retirement and Disability Fund, an
    amount equal to 15 percent of the final basic pay of each employee
    to whom a voluntary separation payment has been or is to be paid
    under this section. The remittance required by this subsection
    shall be in lieu of any remittance required by section 4(a) of the
    Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).

-SOURCE-
    (July 26, 1947, ch. 343, title III, Sec. 301, as added Pub. L. 106-
    567, title III, Sec. 304(a), Dec. 27, 2000, 114 Stat. 2836;
    amended Pub. L. 107-306, title III, Sec. 353(b)(2)(A), title VIII,
    Sec. 841(b), Nov. 27, 2002, 116 Stat. 2402, 2431.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4(a) of the Federal Workforce Restructuring Act of 1994,
    referred to in subsec. (k), is section 4(a) of Pub. L. 103-226,
    which is set out as a note under section 8331 of Title 5,
    Government Organization and Employees.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 301 of act July 26, 1947, ch. 343, title III, 61
    Stat. 507; Apr. 2, 1949, ch. 47, Sec. 2, 63 Stat. 31; Aug. 10,
    1949, ch. 412, Sec. 10(a), 63 Stat. 585, was classified to sections
    171b and 171c-1 of former Title 5, Executive Departments and
    Government Officers and Employees, prior to repeal by Pub. L. 89-
    554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632.

                                AMENDMENTS                            
      2002 - Subsec. (j). Pub. L. 107-306, Sec. 841(b), substituted
    "Notification of exercise of authority" for "Reporting
    requirements" in subsec. heading and struck out "(1) Notification. -
     " before "The Director may" and par. (2) which read as follows:
      "(2) Annual report. - The Director shall submit to the President
    and the Permanent Select Committee on Intelligence of the House of
    Representatives and the Select Committee on Intelligence of the
    Senate an annual report on the effectiveness and costs of carrying
    out this section."
      Pub. L. 107-306, Sec. 353(b)(2)(A), substituted "congressional
    intelligence committees" for "Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate".

-FOOTNOTE-
    (!1) So in original. Probably should be "including".


-End-



-CITE-
    50 USC Sec. 409b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 409b. Authority of Federal Bureau of Investigation to award
      personal services contracts

-STATUTE-
    (a) In general
      The Director of the Federal Bureau of Investigation may enter
    into personal services contracts if the personal services to be
    provided under such contracts directly support the intelligence or
    counterintelligence missions of the Federal Bureau of
    Investigation.
    (b) Inapplicability of certain requirements
      Contracts under subsection (a) of this section shall not be
    subject to the annuity offset requirements of sections 8344 and
    8468 of title 5, the requirements of section 3109 of title 5, or
    any law or regulation requiring competitive contracting.
    (c) Contract to be appropriate means of securing services
      The Chief Contracting Officer of the Federal Bureau of
    Investigation shall ensure that each personal services contract
    entered into by the Director under this section is the appropriate
    means of securing the services to be provided under such contract.

-SOURCE-
    (July 26, 1947, ch. 343, title III, Sec. 302, as added Pub. L. 108-
    177, title III, Sec. 311(a)(1), Dec. 13, 2003, 117 Stat. 2605.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 302 of act July 26, 1947, ch. 343, title III, 61
    Stat. 507; Aug. 10, 1949, ch. 412, Sec. 10(b), 63 Stat. 585; Aug.
    10, 1956, ch. 1041, Sec. 21, 70A Stat. 629, was classified to
    section 171c-2 of former Title 5, Executive Departments and
    Government Officers and Employees, prior to repeal by Pub. L. 87-
    651, title III, Sec. 307A, Sept. 7, 1962, 76 Stat. 526.

-End-



-CITE-
    50 USC Sec. 409b-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 409b-1. Reports on exercise of authority

-STATUTE-
      (1) Not later than one year after December 13, 2003, and annually
    thereafter, the Director of the Federal Bureau of Investigation
    shall submit to the appropriate committees of Congress a report on
    the exercise of the authority in section 409b of this title.
      (2) Each report under this section shall include, for the one-
    year period ending on the date of such report, the following:
        (A) The number of contracts entered into during the period.
        (B) The cost of each such contract.
        (C) The length of each such contract.
        (D) The types of services to be provided under each such
      contract.
        (E) The availability, if any, of United States Government
      personnel to perform functions similar to the services to be
      provided under each such contract.
        (F) The efforts of the Federal Bureau of Investigation to fill
      available personnel vacancies, or request additional personnel
      positions, in areas relating to the intelligence or
      counterintelligence mission of the Bureau.

      (3) Each report under this section shall be submitted in
    unclassified form, but may include a classified annex.
      (4) In this section - 
        (A) for purposes of the submittal of the classified annex to
      any report under this section, the term "appropriate committees
      of Congress" means - 
          (i) the Select Committee on Intelligence of the Senate; and
          (ii) the Permanent Select Committee on Intelligence of the
        House of Representatives; and

        (B) for purposes of the submittal of the unclassified portion
      of any report under this section, the term "appropriate
      committees of Congress" means - 
          (i) the committees specified in subparagraph (A);
          (ii) the Committees on Appropriations, Governmental Affairs,
        and the Judiciary of the Senate; and
          (iii) the Committees on Appropriations, Government Reform and
        Oversight, and the Judiciary of the House of Representatives.

-SOURCE-
    (Pub. L. 108-177, title III, Sec. 311(b), Dec. 13, 2003, 117 Stat.
    2605.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 2004, and not as part of the National Security Act
    of 1947 which comprises this chapter.

-End-



-CITE-
    50 USC Sec. 410                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 410. "Function" and "Department of Defense" defined

-STATUTE-
      (a) As used in this Act, the term "function" includes functions,
    powers, and duties.
      (b) As used in this Act, the term "Department of Defense" shall
    be deemed to include the military departments of the Army, the
    Navy, and the Air Force, and all agencies created under title II of
    this Act.

-SOURCE-
    (July 26, 1947, ch. 343, title III, Sec. 308, 61 Stat. 509; Aug.
    10, 1949, ch. 412, Sec. 12(e), 63 Stat. 591.)


-STATAMEND-
                              PARTIAL REPEAL                          
      Section 307 of Pub. L. 87-651, title III, Sept. 7, 1962, 76 Stat.
    526, repealed subsection (a) of this section less its applicability
    to sections 401, 402, 403, 404, and 405 of this title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means act July 26, 1947, ch. 343,
    61 Stat. 495, as amended, known as the National Security Act of
    1947. For complete classification of this Act to the Code, see
    Short Title note set out under section 401 of this title and
    Tables.
      Title II of this Act, referred to in subsec. (b), means title II
    of the National Security Act of 1947, act July 26, 1947, ch. 343,
    61 Stat. 499, as amended, which enacted sections 408 and 409 of
    this title and sections 171, 171-1, 171-2, 171a, 171c, 171d, and
    171e to 171i of former Title 5, Executive Department and Government
    Officers and Employees, amended sections 1 and 11 of former Title 5
    and section 1517 of Title 15, Commerce and Trade, and enacted a
    provision formerly set out as a note under section 135 [now 137] of
    Title 10, Armed Forces. Section 171 of former Title 5 was repealed
    by Pub. L. 87-651, title III, Sec. 307, Sept. 7, 1962, and
    reenacted in part as section 131 of Title 10. Sections 171e, 171f,
    and 171g of former Title 5 were repealed by act Aug. 10, 1956, ch.
    1041, Sec. 53, 70A Stat. 641, and reenacted as sections 171, 141,
    142, and 143 of Title 10, respectively. Sections 171-1 and 171-2 of
    former Title 5 were transferred to sections 408 and 409 of this
    title, respectively. For complete classification of title II to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 171n of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.


-MISC1-
                                AMENDMENTS                            
      1949 - Subsec. (b). Act Aug. 10, 1949, substituted definition of
    "Department of Defense" for definition of "budget program".

-End-



-CITE-
    50 USC Sec. 411                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 411. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such sums as may be
    necessary and appropriate to carry out the provisions and purposes
    of this Act (other than the provisions and purposes of sections
    102, 103, 104, 105 [50 U.S.C. 403, 403-3, 403-4, 403-5] and titles
    V, VI, and VII [50 U.S.C. 413 et seq., 421 et seq., 431 et seq.]).

-SOURCE-
    (July 26, 1947, ch. 343, title III, Sec. 307, 61 Stat. 509; Pub. L.
    103-178, title III, Sec. 309, Dec. 3, 1993, 107 Stat. 2036.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means act July 26, 1947, ch. 343,
    61 Stat. 495, as amended, known as the National Security Act of
    1947. Titles V, VI, and VII of the Act are classified generally to
    subchapters III (Sec. 413 et seq.), IV (Sec. 421 et seq.), and V
    (Sec. 431 et seq.) of this chapter, respectively. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 401 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 171m of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-178 substituted "provisions and purposes of
    this Act (other than the provisions and purposes of sections 102,
    103, 104, 105 and titles V, VI, and VII)" for "provisions and
    purposes of this Act".

-End-



-CITE-
    50 USC Sec. 412                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS

-HEAD-
    Sec. 412. Repealing and savings provisions

-STATUTE-
      All laws, orders, and regulations inconsistent with the
    provisions of this title are repealed insofar as they are
    inconsistent with the powers, duties, and responsibilities enacted
    hereby: Provided, That the powers, duties, and responsibilities of
    the Secretary of Defense under this title shall be administered in
    conformance with the policy and requirements for administration of
    budgetary and fiscal matters in the Government generally, including
    accounting and financial reporting, and that nothing in this title
    shall be construed as eliminating or modifying the powers, duties,
    and responsibilities of any other department, agency, or officer of
    the Government in connection with such matters, but no such
    department, agency, or officer shall exercise any such powers,
    duties, or responsibilities in a manner that will render
    ineffective the provisions of this title.

-SOURCE-
    (July 26, 1947, ch. 343, title IV, Sec. 411, as added Aug. 10,
    1949, ch. 412, Sec. 11, 63 Stat. 585.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, means title IV of act July 26,
    1947, ch. 343, as added Aug. 10, 1949, ch. 412, Sec. 11, 63 Stat.
    585, which enacted section 412 of this title and sections 172, 172a
    to 172d, and 172f to 172j of former Title 5, Executive Departments
    and Government Officers and Employees, and amended section 172e of
    former Title 5 and section 72 of former Title 31, Money and
    Finance. Section 172 of former Title 5 was repealed by Pub. L. 87-
    651, title III, Sec. 307, Sept. 7, 1962, 76 Stat. 526, and
    reenacted as section 136 [now 138] of Title 10, Armed Forces.
    Section 172a of former Title 5 was repealed by act Aug. 10, 1956,
    ch. 1041, Sec. 53, 70A Stat. 641, and reenacted as sections 3014,
    5061, and 8014 of Title 10. Sections 172b to 172d and 172f to 172h
    of former Title 5 were repealed by Pub. L. 87-651, title III, Sec.
    307, Sept. 7, 1962, 76 Stat. 526, and reenacted as sections 2203,
    2204, 2208, 2207, 126, and 2206 of Title 10, respectively. Section
    172i of former Title 5 was repealed by act Aug. 10, 1956, ch. 1041,
    Sec. 53, 70A Stat. 641, and reenacted as section 2701 of Title 10.
    Section 172j, of former Title 5 was transferred to section 412 of
    this title. For complete classification of title IV to the Code,
    see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 172j of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-


-CITE-
    50 USC SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE
           ACTIVITIES                                      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
        SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES    

-End-



-CITE-
    50 USC Sec. 413                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 413. General Congressional oversight provisions

-STATUTE-
    (a) Reports to Congressional committees of intelligence activities
      and anticipated activities
      (1) The President shall ensure that the congressional
    intelligence committees are kept fully and currently informed of
    the intelligence activities of the United States, including any
    significant anticipated intelligence activity as required by this
    subchapter.
      (2) Nothing in this subchapter shall be construed as requiring
    the approval of the congressional intelligence committees as a
    condition precedent to the initiation of any significant
    anticipated intelligence activity.
    (b) Reports concerning illegal intelligence activities
      The President shall ensure that any illegal intelligence activity
    is reported promptly to the congressional intelligence committees,
    as well as any corrective action that has been taken or is planned
    in connection with such illegal activity.
    (c) Procedures for reporting information
      The President and the congressional intelligence committees shall
    each establish such procedures as may be necessary to carry out the
    provisions of this subchapter.
    (d) Procedures to protect from unauthorized disclosure
      The House of Representatives and the Senate shall each establish,
    by rule or resolution of such House, procedures to protect from
    unauthorized disclosure all classified information, and all
    information relating to intelligence sources and methods, that is
    furnished to the congressional intelligence committees or to
    Members of Congress under this subchapter. Such procedures shall be
    established in consultation with the Director of National
    Intelligence. In accordance with such procedures, each of the
    congressional intelligence committees shall promptly call to the
    attention of its respective House, or to any appropriate committee
    or committees of its respective House, any matter relating to
    intelligence activities requiring the attention of such House or
    such committee or committees.
    (e) Construction of authority conferred
      Nothing in this Act shall be construed as authority to withhold
    information from the congressional intelligence committees on the
    grounds that providing the information to the congressional
    intelligence committees would constitute the unauthorized
    disclosure of classified information or information relating to
    intelligence sources and methods.
    (f) "Intelligence activities" defined
      As used in this section, the term "intelligence activities"
    includes covert actions as defined in section 413b(e) of this
    title, and includes financial intelligence activities.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 501, as added Pub. L. 102-
    88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 441;
    amended Pub. L. 107-306, title III, Secs. 342(b), 353(b)(3)(A),
    (7), Nov. 27, 2002, 116 Stat. 2399, 2402; Pub. L. 108-458, title I,
    Sec. 1071(a)(1)(V), Dec. 17, 2004, 118 Stat. 3689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (e), means act July 26, 1947,
    ch. 343, 61 Stat. 495, as amended, known as the National Security
    Act of 1947. For complete classification of this Act to the Code,
    see Short Title note set out under section 401 of this title and
    Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 413, act July 26, 1947, ch. 343, title V, Sec.
    501, as added Oct. 14, 1980, Pub. L. 96-450, title IV, Sec.
    407(b)(1), 94 Stat. 1981, related to Congressional oversight of
    intelligence activities, prior to repeal by Pub. L. 102-88, Sec.
    602(a)(2).

                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-458 substituted "Director of
    National Intelligence" for "Director of Central Intelligence".
      2002 - Subsec. (a). Pub. L. 107-306, Sec. 353(b)(3)(A),
    substituted "congressional intelligence committees" for
    "intelligence committees" wherever appearing.
      Subsec. (a)(2), (3). Pub. L. 107-306, Sec. 353(b)(7),
    redesignated par. (3) as (2) and struck out former par. (2) which
    read as follows: "As used in this subchapter, the term
    'congressional intelligence committees' means the Select Committee
    on Intelligence of the Senate and the Permanent Select Committee on
    Intelligence of the House of Representatives."
      Subsecs. (b) to (e). Pub. L. 107-306, Sec. 353(b)(3)(A),
    substituted "congressional intelligence committees" for
    "intelligence committees" wherever appearing.
      Subsec. (f). Pub. L. 107-306, Sec. 342(b), inserted ", and
    includes financial intelligence activities" before period at end.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 413a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 413a. Reporting of intelligence activities other than covert
      actions

-STATUTE-
    (a) In general
      To the extent consistent with due regard for the protection from
    unauthorized disclosure of classified information relating to
    sensitive intelligence sources and methods or other exceptionally
    sensitive matters, the Director of National Intelligence and the
    heads of all departments, agencies, and other entities of the
    United States Government involved in intelligence activities shall -
     
        (1) keep the congressional intelligence committees fully and
      currently informed of all intelligence activities, other than a
      covert action (as defined in section 413b(e) of this title),
      which are the responsibility of, are engaged in by, or are
      carried out for or on behalf of, any department, agency, or
      entity of the United States Government, including any significant
      anticipated intelligence activity and any significant
      intelligence failure; and
        (2) furnish the congressional intelligence committees any
      information or material concerning intelligence activities, other
      than covert actions, which is within their custody or control,
      and which is requested by either of the congressional
      intelligence committees in order to carry out its authorized
      responsibilities.
    (b) Form and contents of certain reports
      Any report relating to a significant anticipated intelligence
    activity or a significant intelligence failure that is submitted to
    the congressional intelligence committees for purposes of
    subsection (a)(1) of this section shall be in writing, and shall
    contain the following:
        (1) A concise statement of any facts pertinent to such report.
        (2) An explanation of the significance of the intelligence
      activity or intelligence failure covered by such report.
    (c) Standards and procedures for certain reports
      The Director of National Intelligence, in consultation with the
    heads of the departments, agencies, and entities referred to in
    subsection (a) of this section, shall establish standards and
    procedures applicable to reports covered by subsection (b) of this
    section.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 502, as added Pub. L. 102-
    88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 442;
    amended Pub. L. 107-108, title III, Sec. 305, Dec. 28, 2001, 115
    Stat. 1398; Pub. L. 107-306, title III, Sec. 353(b)(3)(B), Nov. 27,
    2002, 116 Stat. 2402; Pub. L. 108-458, title I, Sec. 1071(a)(1)(W),
    (X), Dec. 17, 2004, 118 Stat. 3689.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 502 of act July 26, 1947, ch. 343, was renumbered
    section 504 and is classified to section 414 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458, Sec. 1071(a)(1)(W),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence" in introductory provisions.
      Subsec. (c). Pub. L. 108-458, Sec. 1071(a)(1)(X), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      2002 - Subsecs. (a), (b). Pub. L. 107-306 substituted
    "congressional intelligence committees" for "intelligence
    committees" wherever appearing.
      2001 - Pub. L. 107-108 designated existing provisions as subsec.
    (a), inserted heading, and added subsecs. (b) and (c).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

     FURNISHING OF INTELLIGENCE INFORMATION TO SENATE AND HOUSE SELECT
                        COMMITTEES ON INTELLIGENCE
      Section 405 of Pub. L. 102-88 provided that:
      "(a) Furnishing of Specific Information. - In accordance with
    title V of the National Security Act of 1947 [50 U.S.C. 413 et
    seq.], the head of any department or agency of the United States
    involved in any intelligence activities which may pertain to United
    States military personnel listed as prisoner, missing, or
    unaccounted for in military actions shall furnish any information
    or documents in the possession, custody, or control of the
    department or agency, or person paid by such department or agency,
    whenever requested by the Permanent Select Committee on
    Intelligence of the House of Representatives or the Select
    Committee on Intelligence of the Senate.
      "(b) Access by Committees and Members of Congress. - In
    accordance with Senate Resolution 400, Ninety-Fourth Congress, and
    House Resolution 658, Ninety-Fifth Congress, the committees named
    in subsection (a) shall, upon request and under such regulations as
    the committees have prescribed to protect the classification of
    such information, make any information described in subsection (a)
    available to any other committee or any other Member of Congress
    and appropriately cleared staff."

-End-



-CITE-
    50 USC Sec. 413b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 413b. Presidential approval and reporting of covert actions

-STATUTE-
    (a) Presidential findings
      The President may not authorize the conduct of a covert action by
    departments, agencies, or entities of the United States Government
    unless the President determines such an action is necessary to
    support identifiable foreign policy objectives of the United States
    and is important to the national security of the United States,
    which determination shall be set forth in a finding that shall meet
    each of the following conditions:
        (1) Each finding shall be in writing, unless immediate action
      by the United States is required and time does not permit the
      preparation of a written finding, in which case a written record
      of the President's decision shall be contemporaneously made and
      shall be reduced to a written finding as soon as possible but in
      no event more than 48 hours after the decision is made.
        (2) Except as permitted by paragraph (1), a finding may not
      authorize or sanction a covert action, or any aspect of any such
      action, which already has occurred.
        (3) Each finding shall specify each department, agency, or
      entity of the United States Government authorized to fund or
      otherwise participate in any significant way in such action. Any
      employee, contractor, or contract agent of a department, agency,
      or entity of the United States Government other than the Central
      Intelligence Agency directed to participate in any way in a
      covert action shall be subject either to the policies and
      regulations of the Central Intelligence Agency, or to written
      policies or regulations adopted by such department, agency, or
      entity, to govern such participation.
        (4) Each finding shall specify whether it is contemplated that
      any third party which is not an element of, or a contractor or
      contract agent of, the United States Government, or is not
      otherwise subject to United States Government policies and
      regulations, will be used to fund or otherwise participate in any
      significant way in the covert action concerned, or be used to
      undertake the covert action concerned on behalf of the United
      States.
        (5) A finding may not authorize any action that would violate
      the Constitution or any statute of the United States.
    (b) Reports to congressional intelligence committees; production of
      information
      To the extent consistent with due regard for the protection from
    unauthorized disclosure of classified information relating to
    sensitive intelligence sources and methods or other exceptionally
    sensitive matters, the Director of National Intelligence and the
    heads of all departments, agencies, and entities of the United
    States Government involved in a covert action - 
        (1) shall keep the congressional intelligence committees fully
      and currently informed of all covert actions which are the
      responsibility of, are engaged in by, or are carried out for or
      on behalf of, any department, agency, or entity of the United
      States Government, including significant failures; and
        (2) shall furnish to the congressional intelligence committees
      any information or material concerning covert actions which is in
      the possession, custody, or control of any department, agency, or
      entity of the United States Government and which is requested by
      either of the congressional intelligence committees in order to
      carry out its authorized responsibilities.
    (c) Timing of reports; access to finding
      (1) The President shall ensure that any finding approved pursuant
    to subsection (a) of this section shall be reported to the
    congressional intelligence committees as soon as possible after
    such approval and before the initiation of the covert action
    authorized by the finding, except as otherwise provided in
    paragraph (2) and paragraph (3).
      (2) If the President determines that it is essential to limit
    access to the finding to meet extraordinary circumstances affecting
    vital interests of the United States, the finding may be reported
    to the chairmen and ranking minority members of the congressional
    intelligence committees, the Speaker and minority leader of the
    House of Representatives, the majority and minority leaders of the
    Senate, and such other member or members of the congressional
    leadership as may be included by the President.
      (3) Whenever a finding is not reported pursuant to paragraph (1)
    or (2) of this section,(!1) the President shall fully inform the
    congressional intelligence committees in a timely fashion and shall
    provide a statement of the reasons for not giving prior notice.

      (4) In a case under paragraph (1), (2), or (3), a copy of the
    finding, signed by the President, shall be provided to the chairman
    of each congressional intelligence committee. When access to a
    finding is limited to the Members of Congress specified in
    paragraph (2), a statement of the reasons for limiting such access
    shall also be provided.
    (d) Changes in previously approved actions
      The President shall ensure that the congressional intelligence
    committees, or, if applicable, the Members of Congress specified in
    subsection (c)(2) of this section, are notified of any significant
    change in a previously approved covert action, or any significant
    undertaking pursuant to a previously approved finding, in the same
    manner as findings are reported pursuant to subsection (c) of this
    section.
    (e) "Covert action" defined
      As used in this subchapter, the term "covert action" means an
    activity or activities of the United States Government to influence
    political, economic, or military conditions abroad, where it is
    intended that the role of the United States Government will not be
    apparent or acknowledged publicly, but does not include - 
        (1) activities the primary purpose of which is to acquire
      intelligence, traditional counterintelligence activities,
      traditional activities to improve or maintain the operational
      security of United States Government programs, or administrative
      activities;
        (2) traditional diplomatic or military activities or routine
      support to such activities;
        (3) traditional law enforcement activities conducted by United
      States Government law enforcement agencies or routine support to
      such activities; or
        (4) activities to provide routine support to the overt
      activities (other than activities described in paragraph (1),
      (2), or (3)) of other United States Government agencies abroad.
    (f) Prohibition on covert actions intended to influence United
      States political processes, etc.
      No covert action may be conducted which is intended to influence
    United States political processes, public opinion, policies, or
    media.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 503, as added Pub. L. 102-
    88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 442;
    amended Pub. L. 107-306, title III, Sec. 353(b)(3)(C), (8), Nov.
    27, 2002, 116 Stat. 2402; Pub. L. 108-458, title I, Sec.
    1071(a)(1)(Y), Dec. 17, 2004, 118 Stat. 3689.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 503 of act July 26, 1947, ch. 343, was renumbered
    section 505 and is classified to section 415 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-458 substituted "Director of
    National Intelligence" for "Director of Central Intelligence" in
    introductory provisions.
      2002 - Subsecs. (b), (c)(1) to (3). Pub. L. 107-306, Sec.
    353(b)(3)(C), substituted "congressional intelligence committees"
    for "intelligence committees" wherever appearing.
      Subsec. (c)(4). Pub. L. 107-306, Sec. 353(b)(8), substituted
    "congressional intelligence committee" for "intelligence
    committee".
      Subsec. (d). Pub. L. 107-306, Sec. 353(b)(3)(C), substituted
    "congressional intelligence committees" for "intelligence
    committees".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection,".


-End-



-CITE-
    50 USC Sec. 414                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 414. Funding of intelligence activities

-STATUTE-
    (a) Obligations and expenditures for intelligence or intelligence-
      related activity; prerequisites
      Appropriated funds available to an intelligence agency may be
    obligated or expended for an intelligence or intelligence-related
    activity only if - 
        (1) those funds were specifically authorized by the Congress
      for use for such activities; or
        (2) in the case of funds from the Reserve for Contingencies of
      the Central Intelligence Agency and consistent with the
      provisions of section 413b of this title concerning any
      significant anticipated intelligence activity, the Director of
      the Central Intelligence Agency has notified the appropriate
      congressional committees of the intent to make such funds
      available for such activity; or
        (3) in the case of funds specifically authorized by the
      Congress for a different activity - 
          (A) the activity to be funded is a higher priority
        intelligence or intelligence-related activity;
          (B) the need for funds for such activity is based on
        unforseen (!1) requirements; and

          (C) the Director of National Intelligence, the Secretary of
        Defense, or the Attorney General, as appropriate, has notified
        the appropriate congressional committees of the intent to make
        such funds available for such activity;

        (4) nothing in this subsection prohibits obligation or
      expenditure of funds available to an intelligence agency in
      accordance with sections 1535 and 1536 of title 31.
    (b) Activities denied funding by Congress
      Funds available to an intelligence agency may not be made
    available for any intelligence or intelligence-related activity for
    which funds were denied by the Congress.
    (c) Presidential finding required for expenditure of funds on
      covert action
      No funds appropriated for, or otherwise available to, any
    department, agency, or entity of the United States Government may
    be expended, or may be directed to be expended, for any covert
    action, as defined in section 413b(e) of this title, unless and
    until a Presidential finding required by subsection (a) of section
    413b of this title has been signed or otherwise issued in
    accordance with that subsection.
    (d) Report to Congressional committees required for expenditure of
      nonappropriated funds for intelligence activity
      (1) Except as otherwise specifically provided by law, funds
    available to an intelligence agency that are not appropriated funds
    may be obligated or expended for an intelligence or intelligence-
    related activity only if those funds are used for activities
    reported to the appropriate congressional committees pursuant to
    procedures which identify - 
        (A) the types of activities for which nonappropriated funds may
      be expended; and
        (B) the circumstances under which an activity must be reported
      as a significant anticipated intelligence activity before such
      funds can be expended.

      (2) Procedures for purposes of paragraph (1) shall be jointly
    agreed upon by the congressional intelligence committees and, as
    appropriate, the Director of National Intelligence or the Secretary
    of Defense.
    (e) Definitions
      As used in this section - 
        (1) the term "intelligence agency" means any department,
      agency, or other entity of the United States involved in
      intelligence or intelligence-related activities;
        (2) the term "appropriate congressional committees" means the
      Permanent Select Committee on Intelligence and the Committee on
      Appropriations of the House of Representatives and the Select
      Committee on Intelligence and the Committee on Appropriations of
      the Senate; and
        (3) the term "specifically authorized by the Congress" means
      that - 
          (A) the activity and the amount of funds proposed to be used
        for that activity were identified in a formal budget request to
        the Congress, but funds shall be deemed to be specifically
        authorized for that activity only to the extent that the
        Congress both authorized the funds to be appropriated for that
        activity and appropriated the funds for that activity; or
          (B) although the funds were not formally requested, the
        Congress both specifically authorized the appropriation of the
        funds for the activity and appropriated the funds for the
        activity.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 504, formerly Sec. 502, as
    added Pub. L. 99-169, title IV, Sec. 401(a), Dec. 4, 1985, 99 Stat.
    1004; renumbered Sec. 504 and amended Pub. L. 102-88, title VI,
    Secs. 602(a)(1), (c)(1), 603, Aug. 14, 1991, 105 Stat. 441, 444;
    Pub. L. 107-306, title III, Sec. 353(b)(3)(D), Nov. 27, 2002, 116
    Stat. 2402; Pub. L. 108-458, title I, Sec. 1071(a)(1)(Z), (AA),
    (5), Dec. 17, 2004, 118 Stat. 3689, 3690.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(2). Pub. L. 108-458, Sec. 1071(a)(5),
    substituted "Director of the Central Intelligence Agency" for
    "Director of Central Intelligence".
      Subsec. (a)(3)(C). Pub. L. 108-458, Sec. 1071(a)(1)(Z),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (d)(2). Pub. L. 108-458, Sec. 1071(a)(1)(AA), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      2002 - Subsec. (d)(2). Pub. L. 107-306 substituted "congressional
    intelligence committees" for "intelligence committees".
      1991 - Subsec. (a)(2). Pub. L. 102-88, Sec. 602(c)(1),
    substituted "section 413b" for "section 413".
      Subsecs. (c) to (e). Pub. L. 102-88, Sec. 603, added subsecs. (c)
    and (d) and redesignated former subsec. (c) as (e).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

       LIMITATION ON TRANSFER OF FUNDS BETWEEN CIA AND DEPARTMENT OF
               DEFENSE; CONGRESSIONAL NOTIFICATION REQUIRED
      Pub. L. 103-139, title VIII, Sec. 8107, Nov. 11, 1993, 107 Stat.
    1464, provided that: "During the current fiscal year and
    thereafter, no funds may be made available through transfer,
    reprogramming, or other means between the Central Intelligence
    Agency and the Department of Defense for any intelligence or
    special activity different from that previously justified to the
    Congress unless the Director of Central Intelligence or the
    Secretary of Defense has notified the House and Senate
    Appropriations Committees of the intent to make such funds
    available for such activity."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-396, title IX, Sec. 9014, Oct. 6, 1992, 106 Stat.
    1903.
      Pub. L. 102-172, title VIII, Sec. 8014, Nov. 26, 1991, 105 Stat.
    1174.
      Pub. L. 101-511, title VIII, Sec. 8015, Nov. 5, 1990, 104 Stat.
    1878.
      Pub. L. 101-165, title IX, Sec. 9022, Nov. 21, 1989, 103 Stat.
    1134.
      Pub. L. 100-463, title VIII, Sec. 8035, Oct. 1, 1988, 102 Stat.
    2270-23.
      Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8037], Dec. 22,
    1987, 101 Stat. 1329-43, 1329-68.

       SENSE OF CONGRESS REGARDING DISCLOSURE OF ANNUAL INTELLIGENCE
                                  BUDGET
      Pub. L. 102-496, title III, Sec. 303, Oct. 24, 1992, 106 Stat.
    3183, provided that: "It is the sense of Congress that, beginning
    in 1993, and in each year thereafter, the aggregate amount
    requested and authorized for, and spent on, intelligence and
    intelligence-related activities should be disclosed to the public
    in an appropriate manner." Similar provisions were contained in the
    following prior appropriation act: Pub. L. 102-183, title VII, Sec.
    701, Dec. 4, 1991, 105 Stat. 1270.

     LIMITATION OF EXPENDITURE OF FUNDS APPROPRIATED FOR DEPARTMENT OF
                       DEFENSE INTELLIGENCE PROGRAMS
      Pub. L. 102-172, title VIII, Sec. 8089, Nov. 26, 1991, 105 Stat.
    1193, provided that: "During the current fiscal year and hereafter,
    none of the funds appropriated for intelligence programs to the
    Department of Defense which are transferred to another Federal
    agency for execution shall be expended by the Department of Defense
    in any fiscal year in excess of amounts required for expenditure
    during such fiscal year by the Federal agency to which such funds
    are transferred."

      ENHANCED SECURITY COUNTERMEASURES CAPABILITIES; APPLICATION OF
                                  SECTION
      Pub. L. 99-169, title IV, Sec. 401(c), Dec. 4, 1985, 99 Stat.
    1006, provided that the amendment made by section 401(a) of Pub. L.
    99-169, enacting this section, would not apply with respect to
    funds appropriated to the Director of Central Intelligence under
    the heading "enhanced security countermeasures capabilities" in the
    Supplemental Appropriations Act, 1985, Pub. L. 99-88, Aug. 15,
    1985, 99 Stat. 311.

-FOOTNOTE-
    (!1) So in original. Probably should be "unforeseen".


-End-



-CITE-
    50 USC Sec. 415                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 415. Notice to Congress of certain transfers of defense
      articles and defense services

-STATUTE-
      (a)(1) The transfer of a defense article or defense service, or
    the anticipated transfer in any fiscal year of any aggregation of
    defense articles or defense services, exceeding $1,000,000 in value
    by an intelligence agency to a recipient outside that agency shall
    be considered a significant anticipated intelligence activity for
    the purpose of this subchapter.
      (2) Paragraph (1) does not apply if - 
        (A) the transfer is being made to a department, agency, or
      other entity of the United States (so long as there will not be a
      subsequent retransfer of the defense articles or defense services
      outside the United States Government in conjunction with an
      intelligence or intelligence-related activity); or
        (B) the transfer - 
          (i) is being made pursuant to authorities contained in part
        II of the Foreign Assistance Act of 1961 [22 U.S.C. 2301 et
        seq.], the Arms Export Control Act [22 U.S.C. 2751 et seq.],
        title 10 (including a law enacted pursuant to section 7307(a)
        of that title), or the Federal Property and Administrative
        Services Act of 1949,(!1) and

          (ii) is not being made in conjunction with an intelligence or
        intelligence-related activity.

      (3) An intelligence agency may not transfer any defense articles
    or defense services outside the agency in conjunction with any
    intelligence or intelligence-related activity for which funds were
    denied by the Congress.
      (b) As used in this section - 
        (1) the term "intelligence agency" means any department,
      agency, or other entity of the United States involved in
      intelligence or intelligence-related activities;
        (2) the terms "defense articles" and "defense services" mean
      the items on the United States Munitions List pursuant to section
      38 of the Arms Export Control Act [22 U.S.C. 2778] (22 CFR part
      121);
        (3) the term "transfer" means - 
          (A) in the case of defense articles, the transfer of
        possession of those articles; and
          (B) in the case of defense services, the provision of those
        services; and

        (4) the term "value" means - 
          (A) in the case of defense articles, the greater of - 
            (i) the original acquisition cost to the United States
          Government, plus the cost of improvements or other
          modifications made by or on behalf of the Government; or
            (ii) the replacement cost; and

          (B) in the case of defense services, the full cost to the
        Government of providing the services.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 505, formerly Sec. 503, as
    added Pub. L. 99-569, title VI, Sec. 602(a), Oct. 27, 1986, 100
    Stat. 3203; renumbered Sec. 505 and amended Pub. L. 102-88, title
    VI, Secs. 602(a)(1), (c)(2), 604, Aug. 14, 1991, 105 Stat. 441,
    444, 445; Pub. L. 103-160, div. A, title VIII, Sec. 828(d)(1), Nov.
    30, 1993, 107 Stat. 1715.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec.
    (a)(2)(B)(i), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended. Part II of the Act is classified generally to subchapter
    II (Sec. 2301 et seq.) of chapter 32 of Title 22, Foreign Relations
    and Intercourse. For provisions deeming references to subchapter II
    to exclude parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.),
    and VIII (Sec. 2349aa et seq.) of subchapter II, see section 202(b)
    of Pub. L. 92-228, set out as a note under section 2346 of Title
    22, and sections 2348c and 2349aa-5 of Title 22. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of Title 22 and Tables.
      The Arms Export Control Act, referred to in subsec. (a)(2)(B)(i),
    is Pub. L. 90-269, Oct. 22, 1968, 82 Stat. 1320, as amended, which
    is classified principally to chapter 39 (Sec. 2751 et seq.) of
    Title 22. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of Title 22 and Tables.
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (a)(2)(B)(i), is act June 30, 1949, ch. 288,
    63 Stat. 377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(2)(B)(i). Pub. L. 103-160 substituted "section
    7307(a)" for "section 7307(b)(1)".
      1991 - Subsec. (a)(1). Pub. L. 102-88 inserted ", or the
    anticipated transfer in any fiscal year of any aggregation of
    defense articles or defense services," after "service" and
    substituted "this subchapter" for "section 413 of this title".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 415a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 415a. Specificity of National Intelligence Program budget
      amounts for counterterrorism, counterproliferation,
      counternarcotics, and counterintelligence

-STATUTE-
    (a) In general
      The budget justification materials submitted to Congress in
    support of the budget of the President for a fiscal year that is
    submitted to Congress under section 1105(a) of title 31 shall set
    forth separately the aggregate amount requested for that fiscal
    year for the National Intelligence Program for each of the
    following:
        (1) Counterterrorism.
        (2) Counterproliferation.
        (3) Counternarcotics.
        (4) Counterintelligence.
    (b) Election of classified or unclassified form
      Amounts set forth under subsection (a) of this section may be set
    forth in unclassified form or classified form, at the election of
    the Director of Central Intelligence.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 506, as added Pub. L. 107-
    306, title III, Sec. 311(a), Nov. 27, 2002, 116 Stat. 2390;
    amended Pub. L. 108-458, title I, Sec. 1074(b)(1)(A), Dec. 17,
    2004, 118 Stat. 3694.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458, Sec. 1074(b)(1)(A)(ii), struck out
    "Foreign" before "Intelligence" in section catchline.
      Subsec. (a). Pub. L. 108-458, Sec. 1074(b)(1)(A)(i), substituted
    "National Intelligence Program" for "National Foreign Intelligence
    Program".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.


-MISC2-
                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 415a-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 415a-1. Budget treatment of costs of acquisition of major
      systems by the intelligence community

-STATUTE-
    (a) Independent cost estimates
      (1) The Director of National Intelligence shall, in consultation
    with the head of each element of the intelligence community
    concerned, prepare an independent cost estimate of the full life-
    cycle cost of development, procurement, and operation of each
    major system to be acquired by the intelligence community.
      (2) Each independent cost estimate for a major system shall, to
    the maximum extent practicable, specify the amount required to be
    appropriated and obligated to develop, procure, and operate the
    major system in each fiscal year of the proposed period of
    development, procurement, and operation of the major system.
      (3)(A) In the case of a program of the intelligence community
    that qualifies as a major system, an independent cost estimate
    shall be prepared before the submission to Congress of the budget
    of the President for the first fiscal year in which appropriated
    funds are anticipated to be obligated for the development or
    procurement of such major system.
      (B) In the case of a program of the intelligence community for
    which an independent cost estimate was not previously required to
    be prepared under this section, including a program for which
    development or procurement commenced before December 13, 2003, if
    the aggregate future costs of development or procurement (or any
    combination of such activities) of the program will exceed
    $500,000,000 (in current fiscal year dollars), the program shall
    qualify as a major system for purposes of this section, and an
    independent cost estimate for such major system shall be prepared
    before the submission to Congress of the budget of the President
    for the first fiscal year thereafter in which appropriated funds
    are anticipated to be obligated for such major system.
      (4) The independent cost estimate for a major system shall be
    updated upon - 
        (A) the completion of any preliminary design review associated
      with the major system;
        (B) any significant modification to the anticipated design of
      the major system; or
        (C) any change in circumstances that renders the current
      independent cost estimate for the major system inaccurate.

      (5) Any update of an independent cost estimate for a major system
    under paragraph (4) shall meet all requirements for independent
    cost estimates under this section, and shall be treated as the most
    current independent cost estimate for the major system until
    further updated under that paragraph.
    (b) Preparation of independent cost estimates
      (1) The Director shall establish within the Office of the
    Director of National Intelligence for Community Management an
    office which shall be responsible for preparing independent cost
    estimates, and any updates thereof, under subsection (a) of this
    section, unless a designation is made under paragraph (2).
      (2) In the case of the acquisition of a major system for an
    element of the intelligence community within the Department of
    Defense, the Director and the Secretary of Defense shall provide
    that the independent cost estimate, and any updates thereof, under
    subsection (a) of this section be prepared by an entity jointly
    designated by the Director and the Secretary in accordance with
    section 2434(b)(1)(A) of title 10.
    (c) Utilization in budgets of President
      (1) If the budget of the President requests appropriations for
    any fiscal year for the development or procurement of a major
    system by the intelligence community, the President shall, subject
    to paragraph (2), request in such budget an amount of
    appropriations for the development or procurement, as the case may
    be, of the major system that is equivalent to the amount of
    appropriations identified in the most current independent cost
    estimate for the major system for obligation for each fiscal year
    for which appropriations are requested for the major system in such
    budget.
      (2) If the amount of appropriations requested in the budget of
    the President for the development or procurement of a major system
    is less than the amount of appropriations identified in the most
    current independent cost estimate for the major system for
    obligation for each fiscal year for which appropriations are
    requested for the major system in such budget, the President shall
    include in the budget justification materials submitted to Congress
    in support of such budget - 
        (A) an explanation for the difference between the amount of
      appropriations requested and the amount of appropriations
      identified in the most current independent cost estimate;
        (B) a description of the importance of the major system to the
      national security;
        (C) an assessment of the consequences for the funding of all
      programs of the National Foreign Intelligence Program in future
      fiscal years if the most current independent cost estimate for
      the major system is accurate and additional appropriations are
      required in future fiscal years to ensure the continued
      development or procurement of the major system, including the
      consequences of such funding shortfalls on the major system and
      all other programs of the National Foreign Intelligence Program;
      and
        (D) such other information on the funding of the major system
      as the President considers appropriate.
    (d) Inclusion of estimates in budget justification materials
      The budget justification materials submitted to Congress in
    support of the budget of the President shall include the most
    current independent cost estimate under this section for each major
    system for which appropriations are requested in such budget for
    any fiscal year.
    (e) Definitions
      In this section:
        (1) The term "budget of the President" means the budget of the
      President for a fiscal year as submitted to Congress under
      section 1105(a) of title 31.
        (2) The term "independent cost estimate" means a pragmatic and
      neutral analysis, assessment, and quantification of all costs and
      risks associated with the acquisition of a major system, which
      shall be based on programmatic and technical specifications
      provided by the office within the element of the intelligence
      community with primary responsibility for the development,
      procurement, or operation of the major system.
        (3) The term "major system" means any significant program of an
      element of the intelligence community with projected total
      development and procurement costs exceeding $500,000,000 (in
      current fiscal year dollars), which costs shall include all end-
      to-end program costs, including costs associated with the
      development and procurement of the program and any other costs
      associated with the development and procurement of systems
      required to support or utilize the program.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 506A, as added Pub. L. 108-
    177, title III, Sec. 312(b)(1), Dec. 13, 2003, 117 Stat. 2607;
    amended Pub. L. 108-458, title I, Secs. 1071(a)(1)(BB), 1072(a)(6),
    Dec. 17, 2004, 118 Stat. 3689, 3692.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(BB),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (b)(1). Pub. L. 108-458, Sec. 1072(a)(6), substituted
    "Office of the Director of National Intelligence" for "Office of
    the Deputy Director of Central Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                              EFFECTIVE DATE                          
      Pub. L. 108-177, title III, Sec. 312(c), Dec. 13, 2003, 117 Stat.
    2609, provided that: "The amendments made by subsection (b)
    [enacting this section] shall take effect on the date of the
    enactment of this Act [Dec. 13, 2003]."

                          CONGRESSIONAL FINDINGS                      
      Pub. L. 108-177, title III, Sec. 312(a), Dec. 13, 2003, 117 Stat.
    2606, provided that: "Congress makes the following findings:
        "(1) Funds within the National Foreign Intelligence Program
      often must be shifted from program to program and from fiscal
      year to fiscal year to address funding shortfalls caused by
      significant increases in the costs of acquisition of major
      systems by the intelligence community.
        "(2) While some increases in the costs of acquisition of major
      systems by the intelligence community are unavoidable, the
      magnitude of growth in the costs of acquisition of many major
      systems indicates a systemic bias within the intelligence
      community to underestimate the costs of such acquisition,
      particularly in the preliminary stages of development and
      production.
        "(3) Decisions by Congress to fund the acquisition of major
      systems by the intelligence community rely significantly upon
      initial estimates of the affordability of acquiring such major
      systems and occur within a context in which funds can be
      allocated for a variety of alternative programs. Thus,
      substantial increases in costs of acquisition of major systems
      place significant burdens on the availability of funds for other
      programs and new proposals within the National Foreign
      Intelligence Program.
        "(4) Independent cost estimates, prepared by independent
      offices, have historically represented a more accurate projection
      of the costs of acquisition of major systems.
        "(5) Recognizing the benefits associated with independent cost
      estimates for the acquisition of major systems, the Secretary of
      Defense has built upon the statutory requirement in section 2434
      of title 10, United States Code, to develop and consider
      independent cost estimates for the acquisition of such systems by
      mandating the use of such estimates in budget requests of the
      Department of Defense.
        "(6) The mandatory use throughout the intelligence community of
      independent cost estimates for the acquisition of major systems
      will assist the President and Congress in the development and
      funding of budgets which more accurately reflect the requirements
      and priorities of the United States Government for intelligence
      and intelligence-related activities."

         LIMITATIONS ON MAJOR SYSTEM PROCUREMENT, ACQUISITION, AND
                                DEVELOPMENT
      Pub. L. 108-177, title III, Sec. 312(d), Dec. 13, 2003, 117 Stat.
    2609, provided that:
      "(1)(A) For each major system for which funds have been
    authorized for a fiscal year before fiscal year 2005, or for which
    funds are sought in the budget of the President for fiscal year
    2005, as submitted to Congress pursuant to section 1105(a) of title
    31, United States Code, and for which no independent cost estimate
    has been provided to Congress, no contract, or option to contract,
    for the procurement or acquisition of such major system may be
    entered into, or option to contract be exercised, before the date
    of the enactment of an Act to authorize appropriations for fiscal
    year 2005 for intelligence and intelligence-related activities of
    the United States Government.
      "(B) Subparagraph (A) shall not affect any contract for
    procurement or acquisition that was entered into before the date of
    the enactment of this Act [Dec. 13, 2003].
      "(2) Commencing as of the date of the submittal to Congress of
    the budget of the President for fiscal year 2006 pursuant to
    section 1105(a) of title 31, United States Code, no funds may be
    obligated or expended for the development or procurement of a major
    system until the President has complied with the requirements of
    section 506A of the National Security Act of 1947 (as added by
    subsection (b)) [50 U.S.C. 415a-1] with respect to such major
    system.
      "(3) In this subsection, the terms 'independent cost estimate'
    and 'major system' have the meaning given such terms in subsection
    (e) of section 506A of the National Security Act of 1947 (as so
    added) [50 U.S.C. 415a-1(e)]."

-End-



-CITE-
    50 USC Sec. 415b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

-HEAD-
    Sec. 415b. Dates for submittal of various annual and semiannual
      reports to the congressional intelligence committees

-STATUTE-
    (a) Annual reports
      (1) The date for the submittal to the congressional intelligence
    committees of the following annual reports shall be the date each
    year provided in subsection (c)(1)(A) of this section:
        (A) The annual report on intelligence required by section 404d
      of this title.
        (B) The annual report on intelligence provided to the United
      Nations required by section 404g(b)(1) of this title.
        (C) The annual report on the protection of the identities of
      covert agents required by section 423 of this title.
        (D) The annual report of the Inspectors Generals of the
      intelligence community on proposed resources and activities of
      their offices required by section 8H(g) of the Inspector General
      Act of 1978.
        (E) The annual report on the acquisition of technology relating
      to weapons of mass destruction and advanced conventional
      munitions required by section 2366 of this title.
        (F) The annual report on commercial activities as security for
      intelligence collection required by section 437(c) of title 10.
        (G) The annual update on foreign industrial espionage required
      by section 2170b(b) of the Appendix to this title.
        (H) The annual report on certifications for immunity in
      interdiction of aircraft engaged in illicit drug trafficking
      required by section 2291-4(c)(2) of title 22.
        (I) The annual report on activities under the David L. Boren
      National Security Education Act of 1991 (title VIII of Public Law
      102-183; 50 U.S.C. 1901 et seq.) required by section 806(a) of
      that Act (50 U.S.C. 1906(a)).
        (N) (!1) The annual report on hiring and retention of minority
      employees in the intelligence community required by section
      404i(c) of this title.


      (2) The date for the submittal to the congressional intelligence
    committees of the following annual reports shall be the date each
    year provided in subsection (c)(1)(B) of this section:
        (A) The annual report on the safety and security of Russian
      nuclear facilities and nuclear military forces required by
      section 404i(a) of this title.
        (B) The annual report on the threat of attack on the United
      States from weapons of mass destruction required by section
      404i(c) of this title.
        (C) The annual report on improvements of the financial
      statements of the intelligence community for auditing purposes
      required by section 404i-1 of this title.
        (D) The annual report on counterdrug intelligence matters
      required by section 826 of the Intelligence Authorization Act for
      Fiscal Year 2003.
    (b) Semiannual reports
      The dates for the submittal to the congressional intelligence
    committees of the following semiannual reports shall be the dates
    each year provided in subsection (c)(2) of this section:
        (1) The semiannual reports on the Office of the Inspector
      General of the Central Intelligence Agency required by section
      403q(d)(1) of this title.
        (2) The semiannual reports on decisions not to prosecute
      certain violations of law under the Classified Information
      Procedures Act (18 U.S.C. App.) as required by section 13 of that
      Act.
        (3) The semiannual reports on the activities of the Diplomatic
      Telecommunications Service Program Office (DTS-PO) required by
      section 7302(a)(6)(D)(ii) of title 22.
        (4) The semiannual reports on the disclosure of information and
      consumer reports to the Federal Bureau of Investigation for
      counterintelligence purposes required by section 1681u(h)(2) of
      title 15.(!2)

        (5) The semiannual provision of information on requests for
      financial information for foreign counterintelligence purposes
      required by section 3414(a)(5)(C) of title 12.
        (6) The semiannual report on financial intelligence on
      terrorist assets required by section 404m of this title.
    (c) Submittal dates for reports
      (1)(A) Except as provided in subsection (d) of this section, each
    annual report listed in subsection (a)(1) of this section shall be
    submitted not later than February 1.
      (B) Except as provided in subsection (d) of this section, each
    annual report listed in subsection (a)(2) of this section shall be
    submitted not later than December 1.
      (2) Except as provided in subsection (d) of this section, each
    semiannual report listed in subsection (b) of this section shall be
    submitted not later than February 1 and August 1.
    (d) Postponement of submittal
      (1) Subject to paragraph (3), the date for the submittal of - 
        (A) an annual report listed in subsection (a)(1) of this
      section may be postponed until March 1;
        (B) an annual report listed in subsection (a)(2) of this
      section may be postponed until January 1; and
        (C) a semiannual report listed in subsection (b) of this
      section may be postponed until March 1 or September 1, as the
      case may be,

    if the official required to submit such report submits to the
    congressional intelligence committees a written notification of
    such postponement.
      (2)(A) Notwithstanding any other provision of law and subject to
    paragraph (3), the date for the submittal to the congressional
    intelligence committees of any report described in subparagraph (B)
    may be postponed by not more than 30 days from the date otherwise
    specified in the provision of law for the submittal of such report
    if the official required to submit such report submits to the
    congressional intelligence committees a written notification of
    such postponement.
      (B) A report described in this subparagraph is any report on
    intelligence or intelligence-related activities of the United
    States Government that is submitted under a provision of law
    requiring the submittal of only a single report.
      (3)(A) The date for the submittal of a report whose submittal is
    postponed under paragraph (1) or (2) may be postponed beyond the
    time provided for the submittal of such report under such paragraph
    if the official required to submit such report submits to the
    congressional intelligence committees a written certification that
    preparation and submittal of such report at such time will impede
    the work of officers or employees of the intelligence community in
    a manner that will be detrimental to the national security of the
    United States.
      (B) A certification with respect to a report under subparagraph
    (A) shall include a proposed submittal date for such report, and
    such report shall be submitted not later than that date.

-SOURCE-
    (July 26, 1947, ch. 343, title V, Sec. 507, as added Pub. L. 107-
    306, title VIII, Sec. 811(a)(1), Nov. 27, 2002, 116 Stat. 2418;
    amended Pub. L. 108-177, title III, Sec. 361(l), Dec. 13, 2003, 117
    Stat. 2626.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8H(g) of the Inspector General Act of 1978, referred to
    in subsec. (a)(1)(D), is section 8H(g) of Pub. L. 95-452, as
    amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.
      The David L. Boren National Security Education Act of 1991,
    referred to in subsec. (a)(1)(I), is title VIII of Pub. L. 102-183,
    Dec. 4, 1991, 105 Stat. 1271, as amended, which is classified
    generally to chapter 37 (Sec. 1901 et seq.) of this title. For
    complete classification of this Act to the Code, see section
    1901(a) of this title and Tables.
      Section 826 of the Intelligence Authorization Act for Fiscal Year
    2003, referred to in subsec. (a)(2)(D), is section 826 of Pub. L.
    107-306, which is set out as a note under section 873 of Title 21,
    Food and Drugs.
      The Classified Information Procedures Act, referred to in subsec.
    (b)(2), is Pub. L. 96-456, Oct. 15, 1980, 94 Stat. 2025, as
    amended, which is set out in the Appendix to Title 18, Crimes and
    Criminal Procedure.
      Section 1681u(h)(2) of title 15, referred to in subsec. (b)(4),
    was in the original "section 624(h)(2) of the Fair Credit Reporting
    Act", which was translated as reading "section 625(h)(2) of the
    Fair Credit Reporting Act", to reflect the probable intent of
    Congress and the renumbering of section 624 as 625 by section
    358(g)(1)(A) of Pub. L. 107-56.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1)(A). Pub. L. 108-177, Sec. 361(l)(1)(A)(i),
    (ii), redesignated subpar. (B) as (A) and struck out former subpar.
    (A) which read as follows: "The annual evaluation of the
    performance and responsiveness of certain elements of the
    intelligence community required by section 403-5(d) of this title."
      Subsec. (a)(1)(B). Pub. L. 108-177, Sec. 361(l)(1)(A)(iii), added
    subpar. (B). Former subpar. (B) redesignated (A).
      Subsec. (a)(1)(C). Pub. L. 108-177, Sec. 361(l)(1)(A)(i), (ii),
    redesignated subpar. (D) as (C) and struck out former subpar. (C)
    which read as follows: "The annual report on intelligence community
    cooperation with Federal law enforcement agencies required by
    section 404i(a)(2) of this title."
      Subsec. (a)(1)(D). Pub. L. 108-177, Sec. 361(l)(1)(A)(ii),
    redesignated subpar. (E) as (D). Former subpar. (D) redesignated
    (C).
      Subsec. (a)(1)(E). Pub. L. 108-177, Sec. 361(l)(1)(A)(iv), added
    subpar. (E). Former subpar. (E) redesignated (D).
      Subsec. (a)(1)(G). Pub. L. 108-177, Sec. 361(l)(1)(A)(i), (ii),
    redesignated subpar. (H) as (G) and struck out former subpar. (G)
    which read as follows: "The annual report on expenditures for
    postemployment assistance for terminated intelligence employees
    required by section 1611(e)(2) of title 10."
      Subsec. (a)(1)(H). Pub. L. 108-177, Sec. 361(l)(1)(A)(ii),
    redesignated subpar. (K) as (H). Former subpar. (H) redesignated
    (G).
      Subsec. (a)(1)(I). Pub. L. 108-177, Sec. 361(l)(1)(A)(i), (ii),
    redesignated subpar. (M) as (I) and struck out former subpar. (I)
    which read as follows: "The annual report on coordination of
    counterintelligence matters with the Federal Bureau of
    Investigation required by section 402a(c)(6) of this title."
      Subsec. (a)(1)(J). Pub. L. 108-177, Sec. 361(l)(1)(A)(i), struck
    out subpar. (J) which read as follows: "The annual report on
    foreign companies involved in the proliferation of weapons of mass
    destruction that raise funds in the United States capital markets
    required by section 404n-3 of this title."
      Subsec. (a)(1)(K). Pub. L. 108-177, Sec. 361(l)(1)(A)(ii),
    redesignated subpar. (K) as (H).
      Subsec. (a)(1)(L). Pub. L. 108-177, Sec. 361(l)(1)(A)(i), struck
    out subpar. (L) which read as follows: "The annual report on
    exceptions to consumer disclosure requirements for national
    security investigations under section 1681b(b)(4)(E) of title 15."
      Subsec. (a)(1)(M). Pub. L. 108-177, Sec. 361(l)(1)(A)(ii),
    redesignated subpar. (M) as (I).
      Subsec. (a)(1)(N). Pub. L. 108-177, Sec. 361(l)(1)(A)(ii), which
    directed that subpar. (N) be redesignated, could not be executed
    because there was no corresponding subpar. provided for such
    redesignation.
      Subsec. (a)(2). Pub. L. 108-177, Sec. 361(l)(1)(B)(iii), (iv),
    redesignated subpars. (D) and (G) as (C) and (D), respectively, and
    struck out subpars. (C), (E), and (F) which read as follows:
      "(C) The annual report on covert leases required by section
    404i(e) of this title.
      "(E) The annual report on activities of personnel of the Federal
    Bureau of Investigation outside the United States required by
    section 540C(c)(2) of title 28.
      "(F) The annual report on intelligence activities of the People's
    Republic of China required by section 308(c) of the Intelligence
    Authorization Act for Fiscal Year 1998 (Public Law 105-107; 50
    U.S.C. 402a note)."
      Subsec. (a)(2)(A). Pub. L. 108-177, Sec. 361(l)(1)(B)(i),
    substituted "section 404i(a)" for "section 404i(b)".
      Subsec. (a)(2)(B). Pub. L. 108-177, Sec. 361(l)(1)(B)(ii),
    substituted "section 404i(c)" for "section 404i(d)".
      Subsec. (b). Pub. L. 108-177, Sec. 361(l)(2), redesignated pars.
    (2), (3), (5), (6), (7), and (8) as (1), (2), (3), (4), (5), and
    (6), respectively, and struck out former pars. (1) and (4) which
    read as follows:
      "(1) The periodic reports on intelligence provided to the United
    Nations required by section 404g(b) of this title.
      "(4) The semiannual reports on the acquisition of technology
    relating to weapons of mass destruction and advanced conventional
    munitions required by section 2366(b) of this title."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-177 effective Dec. 31, 2003, see section
    361(n) of Pub. L. 108-177, set out as a note under section 1611 of
    Title 10, Armed Forces.

     PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND PLANS
      RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT OF DEFENSE OR
                           DEPARTMENT OF ENERGY
      Pub. L. 108-487, title I, Sec. 107, Dec. 23, 2004, 118 Stat.
    3943, provided that:
      "(a) Consultation in Preparation. - (1) The Director of National
    Intelligence shall ensure that any report, review, study, or plan
    required to be prepared or conducted by a provision of this Act
    [see Tables for classification], including a provision of the
    classified Schedule of Authorizations referred to in section 102(a)
    [118 Stat. 3940] 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 or subcommittees of
    Congress, as appropriate:
        "(1) The Committee on Armed Services, the Subcommittee on
      Defense of the Committee on Appropriations, and the Select
      Committee on Intelligence of the Senate.
        "(2) The Committee on Armed Services, the Subcommittee on
      Defense of the Committee on Appropriations, and the Permanent
      Select Committee on Intelligence of the House of
      Representatives."
      Similar provisions were contained in the following prior acts:
      Pub. L. 108-177, title I, Sec. 107, Dec. 13, 2003, 117 Stat.
    2604.
      Pub. L. 107-306, title I, Sec. 109, Nov. 27, 2002, 116 Stat.
    2389.
      Pub. L. 107-108, title V, Sec. 505, Dec. 28, 2001, 115 Stat.
    1406.

             DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS         
      Pub. L. 107-306, title VIII, Sec. 801, Nov. 27, 2002, 116 Stat.
    2418, provided that certain overdue reports that the Director of
    Central Intelligence has sole or primary responsibility to present
    to Congress must be submitted to Congress no later than 180 days
    after Nov. 27, 2002, or amounts available to the Director to carry
    out the functions and duties of the Director's Office would be
    reduced by  1/3 .

-FOOTNOTE-
    (!1) So in original. There are no subpars. designated "(J)", "(K)",
         "(L)", or "(M)".

               

    (!2) See References in Text note below.


-End-


-CITE-
    50 USC SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL
           SECURITY INFORMATION                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-End-



-CITE-
    50 USC Sec. 421                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-
    Sec. 421. Protection of identities of certain United States
      undercover intelligence officers, agents, informants, and sources

-STATUTE-
    (a) Disclosure of information by persons having or having had
      access to classified information that identifies covert agent
      Whoever, having or having had authorized access to classified
    information that identifies a covert agent, intentionally discloses
    any information identifying such covert agent to any individual not
    authorized to receive classified information, knowing that the
    information disclosed so identifies such covert agent and that the
    United States is taking affirmative measures to conceal such covert
    agent's intelligence relationship to the United States, shall be
    fined under title 18 or imprisoned not more than ten years, or
    both.
    (b) Disclosure of information by persons who learn identity of
      covert agents as result of having access to classified
      information
      Whoever, as a result of having authorized access to classified
    information, learns the identify of a covert agent and
    intentionally discloses any information identifying such covert
    agent to any individual not authorized to receive classified
    information, knowing that the information disclosed so identifies
    such covert agent and that the United States is taking affirmative
    measures to conceal such covert agent's intelligence relationship
    to the United States, shall be fined under title 18 or imprisoned
    not more than five years, or both.
    (c) Disclosure of information by persons in course of pattern of
      activities intended to identify and expose covert agents
      Whoever, in the course of a pattern of activities intended to
    identify and expose covert agents and with reason to believe that
    such activities would impair or impede the foreign intelligence
    activities of the United States, discloses any information that
    identifies an individual as a covert agent to any individual not
    authorized to receive classified information, knowing that the
    information disclosed so identifies such individual and that the
    United States is taking affirmative measures to conceal such
    individual's classified intelligence relationship to the United
    States, shall be fined under title 18 or imprisoned not more than
    three years, or both.
    (d) Imposition of consecutive sentences
      A term of imprisonment imposed under this section shall be
    consecutive to any other sentence of imprisonment.

-SOURCE-
    (July 26, 1947, ch. 343, title VI, Sec. 601, as added Pub. L. 97-
    200, Sec. 2(a), June 23, 1982, 96 Stat. 122; amended Pub. L. 106-
    120, title III, Sec. 304(b), Dec. 3, 1999, 113 Stat. 1611.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a). Pub. L. 106-120, Sec. 304(b)(2)(A),
    substituted "shall be fined under title 18" for "shall be fined not
    more than $50,000".
      Subsec. (b). Pub. L. 106-120, Sec. 304(b)(2)(B), substituted
    "shall be fined under title 18" for "shall be fined not more than
    $25,000".
      Subsec. (c). Pub. L. 106-120, Sec. 304(b)(2)(C), substituted
    "shall be fined under title 18" for "shall be fined not more than
    $15,000".
      Subsec. (d). Pub. L. 106-120, Sec. 304(b)(1), added subsec. (d).

                                SHORT TITLE                            
      For short title of this subchapter as the "Intelligence
    Identities Protection Act of 1982", see section 1 of Pub. L. 97-
    200, set out as a Short Title of 1982 Amendment note under section
    401 of this title.

-End-



-CITE-
    50 USC Sec. 422                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-
    Sec. 422. Defenses and exceptions

-STATUTE-
    (a) Disclosure by United States of identity of covert agent
      It is a defense to a prosecution under section 421 of this title
    that before the commission of the offense with which the defendant
    is charged, the United States had publicly acknowledged or revealed
    the intelligence relationship to the United States of the
    individual the disclosure of whose intelligence relationship to the
    United States is the basis for the prosecution.
    (b) Conspiracy, misprision of felony, aiding and abetting, etc.
      (1) Subject to paragraph (2), no person other than a person
    committing an offense under section 421 of this title shall be
    subject to prosecution under such section by virtue of section 2 or
    4 of title 18 or shall be subject to prosecution for conspiracy to
    commit an offense under such section.
      (2) Paragraph (1) shall not apply (A) in the case of a person who
    acted in the course of a pattern of activities intended to identify
    and expose covert agents and with reason to believe that such
    activities would impair or impede the foreign intelligence
    activities of the United States, or (B) in the case of a person who
    has authorized access to classified information.
    (c) Disclosure to select Congressional committees on intelligence
      It shall not be an offense under section 421 of this title to
    transmit information described in such section directly to either
    congressional intelligence committee.
    (d) Disclosure by agent of own identity
      It shall not be an offense under section 421 of this title for an
    individual to disclose information that solely identifies himself
    as a covert agent.

-SOURCE-
    (July 26, 1947, ch. 343, title VI, Sec. 602, as added Pub. L. 97-
    200, Sec. 2(a), June 23, 1982, 96 Stat. 122; amended Pub. L. 107-
    306, title III, Sec. 353(b)(9), Nov. 27, 2002, 116 Stat. 2402.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-306 substituted "either
    congressional intelligence committee" for "the Select Committee on
    Intelligence of the Senate or to the Permanent Select Committee on
    Intelligence of the House of Representatives".

-End-



-CITE-
    50 USC Sec. 423                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-
    Sec. 423. Report

-STATUTE-
    (a) Annual report by President to Congress on measures to protect
      identities of covert agents
      The President, after receiving information from the Director of
    National Intelligence, shall submit to the congressional
    intelligence committees an annual report on measures to protect the
    identities of covert agents, and on any other matter relevant to
    the protection of the identities of covert agents. The date for the
    submittal of the report shall be the date provided in section 415b
    of this title.
    (b) Exemption from disclosure
      The report described in subsection (a) of this section shall be
    exempt from any requirement for publication or disclosure.

-SOURCE-
    (July 26, 1947, ch. 343, title VI, Sec. 603, as added Pub. L. 97-
    200, Sec. 2(a), June 23, 1982, 96 Stat. 123; amended Pub. L. 107-
    306, title III, Sec. 353(b)(1)(B), title VIII, Sec. 811(b)(1)(E),
    Nov. 27, 2002, 116 Stat. 2402, 2422; Pub. L. 108-458, title I, Sec.
    1071(a)(1)(CC), Dec. 17, 2004, 118 Stat. 3689.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458 substituted "Director of
    National Intelligence" for "Director of Central Intelligence".
      2002 - Subsec. (a). Pub. L. 107-306, Sec. 811(b)(1)(E)(i),
    inserted at end "The date for the submittal of the report shall be
    the date provided in section 415b of this title."
      Pub. L. 107-306, Sec. 353(b)(1)(B), substituted "congressional
    intelligence committees" for "Select Committee on Intelligence of
    the Senate and the Permanent Select Committee on Intelligence of
    the House of Representatives".
      Subsec. (b). Pub. L. 107-306, Sec. 811(b)(1)(E)(ii), struck out
    at end "The first such report shall be submitted no later than
    February 1, 1983."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 8th item on page 156 identifies a reporting provision
    which, as subsequently amended, is contained in subsec. (a) of this
    section), see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance.

-End-



-CITE-
    50 USC Sec. 424                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-
    Sec. 424. Extraterritorial jurisdiction

-STATUTE-
      There is jurisdiction over an offense under section 421 of this
    title committed outside the United States if the individual
    committing the offense is a citizen of the United States or an
    alien lawfully admitted to the United States for permanent
    residence (as defined in section 1101(a)(20) of title 8).

-SOURCE-
    (July 26, 1947, ch. 343, title VI, Sec. 604, as added Pub. L. 97-
    200, Sec. 2(a), June 23, 1982, 96 Stat. 123.)

-End-



-CITE-
    50 USC Sec. 425                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-
    Sec. 425. Providing information to Congress

-STATUTE-
      Nothing in this subchapter may be construed as authority to
    withhold information from the Congress or from a committee of
    either House of Congress.

-SOURCE-
    (July 26, 1947, ch. 343, title VI, Sec. 605, as added Pub. L. 97-
    200, Sec. 2(a), June 23, 1982, 96 Stat. 123.)

-End-



-CITE-
    50 USC Sec. 426                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

-HEAD-
    Sec. 426. Definitions

-STATUTE-
      For the purposes of this subchapter:
        (1) The term "classified information" means information or
      material designated and clearly marked or clearly represented,
      pursuant to the provisions of a statute or Executive order (or a
      regulation or order issued pursuant to a statute or Executive
      order), as requiring a specific degree of protection against
      unauthorized disclosure for reasons of national security.
        (2) The term "authorized", when used with respect to access to
      classified information, means having authority, right, or
      permission pursuant to the provisions of a statute, Executive
      order, directive of the head of any department or agency engaged
      in foreign intelligence or counterintelligence activities, order
      of any United States court, or provisions of any Rule of the
      House of Representatives or resolution of the Senate which
      assigns responsibility within the respective House of Congress
      for the oversight of intelligence activities.
        (3) The term "disclose" means to communicate, provide, impart,
      transmit, transfer, convey, publish, or otherwise make available.
        (4) The term "covert agent" means - 
          (A) a present or retired officer or employee of an
        intelligence agency or a present or retired member of the Armed
        Forces assigned to duty with an intelligence agency - 
            (i) whose identity as such an officer, employee, or member
          is classified information, and
            (ii) who is serving outside the United States or has within
          the last five years served outside the United States; or

          (B) a United States citizen whose intelligence relationship
        to the United States is classified information, and - 
            (i) who resides and acts outside the United States as an
          agent of, or informant or source of operational assistance
          to, an intelligence agency, or
            (ii) who is at the time of the disclosure acting as an
          agent of, or informant to, the foreign counterintelligence or
          foreign counterterrorism components of the Federal Bureau of
          Investigation; or

          (C) an individual, other than a United States citizen, whose
        past or present intelligence relationship to the United States
        is classified information and who is a present or former agent
        of, or a present or former informant or source of operational
        assistance to, an intelligence agency.

        (5) The term "intelligence agency" means the Central
      Intelligence Agency, a foreign intelligence component of the
      Department of Defense, or the foreign counterintelligence or
      foreign counterterrorism components of the Federal Bureau of
      Investigation.
        (6) The term "informant" means any individual who furnishes
      information to an intelligence agency in the course of a
      confidential relationship protecting the identity of such
      individual from public disclosure.
        (7) The terms "officer" and "employee" have the meanings given
      such terms by section 2104 and 2105, respectively, of title 5.
        (8) The term "Armed Forces" means the Army, Navy, Air Force,
      Marine Corps, and Coast Guard.
        (9) The term "United States", when used in a geographic sense,
      means all areas under the territorial sovereignty of the United
      States and the Trust Territory of the Pacific Islands.
        (10) The term "pattern of activities" requires a series of acts
      with a common purpose or objective.

-SOURCE-
    (July 26, 1947, ch. 343, title VI, Sec. 606, as added Pub. L. 97-
    200, Sec. 2(a), June 23, 1982, 96 Stat. 123; amended Pub. L. 106-
    120, title III, Sec. 304(a), Dec. 3, 1999, 113 Stat. 1611.)


-MISC1-
                                AMENDMENTS                            
      1999 - Par. (4)(A). Pub. L. 106-120 substituted "a present or
    retired officer or employee" for "an officer or employee" and "a
    present or retired member" for "a member".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-


-CITE-
    50 USC SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES

-HEAD-
              SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES          

-End-



-CITE-
    50 USC Sec. 431                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES

-HEAD-
    Sec. 431. Operational files of the Central Intelligence Agency

-STATUTE-
    (a) Exemption by Director of Central Intelligence Agency
      The Director of the Central Intelligence Agency, with the
    coordination of the Director of National Intelligence, may exempt
    operational files of the Central Intelligence Agency from the
    provisions of section 552 of title 5 (Freedom of Information Act)
    which require publication or disclosure, or search or review in
    connection therewith.
    (b) "Operational files" defined
      In this section, the term "operational files" means - 
        (1) files of the Directorate of Operations which document the
      conduct of foreign intelligence or counterintelligence operations
      or intelligence or security liaison arrangements or information
      exchanges with foreign governments or their intelligence or
      security services;
        (2) files of the Directorate for Science and Technology which
      document the means by which foreign intelligence or
      counterintelligence is collected through scientific and technical
      systems; and
        (3) files of the Office of Personnel Security which document
      investigations conducted to determine the suitability of
      potential foreign intelligence or counterintelligence sources;

    except that files which are the sole repository of disseminated
    intelligence are not operational files.
    (c) Search and review for information
      Notwithstanding subsection (a) of this section, exempted
    operational files shall continue to be subject to search and review
    for information concerning - 
        (1) United States citizens or aliens lawfully admitted for
      permanent residence who have requested information on themselves
      pursuant to the provisions of section 552 of title 5 (Freedom of
      Information Act) or section 552a of title 5 (Privacy Act of
      1974);
        (2) any special activity the existence of which is not exempt
      from disclosure under the provisions of section 552 of title 5
      (Freedom of Information Act); or
        (3) the specific subject matter of an investigation by the
      congressional intelligence committees, the Intelligence Oversight
      Board, the Department of Justice, the Office of General Counsel
      of the Central Intelligence Agency, the Office of Inspector
      General of the Central Intelligence Agency, or the Office of the
      Director of National Intelligence for any impropriety, or
      violation of law, Executive order, or Presidential directive, in
      the conduct of an intelligence activity.
    (d) Information derived or disseminated from exempted operational
      files
      (1) Files that are not exempted under subsection (a) of this
    section which contain information derived or disseminated from
    exempted operational files shall be subject to search and review.
      (2) The inclusion of information from exempted operational files
    in files that are not exempted under subsection (a) of this section
    shall not affect the exemption under subsection (a) of this section
    of the originating operational files from search, review,
    publication, or disclosure.
      (3) Records from exempted operational files which have been
    disseminated to and referenced in files that are not exempted under
    subsection (a) of this section and which have been returned to
    exempted operational files for sole retention shall be subject to
    search and review.
    (e) Supersedure of prior law
      The provisions of subsection (a) of this section shall not be
    superseded except by a provision of law which is enacted after
    October 15, 1984, and which specifically cites and repeals or
    modifies its provisions.
    (f) Allegation; improper withholding of records; judicial review
      Whenever any person who has requested agency records under
    section 552 of title 5 (Freedom of Information Act), alleges that
    the Central Intelligence Agency has improperly withheld records
    because of failure to comply with any provision of this section,
    judicial review shall be available under the terms set forth in
    section 552(a)(4)(B) of title 5, except that - 
        (1) in any case in which information specifically authorized
      under criteria established by an Executive order to be kept
      secret in the interest of national defense or foreign relations
      which is filed with, or produced for, the court by the Central
      Intelligence Agency, such information shall be examined ex parte,
      in camera by the court;
        (2) the court shall, to the fullest extent practicable,
      determine issues of fact based on sworn written submissions of
      the parties;
        (3) when a complaint alleges that requested records were
      improperly withheld because of improper placement solely in
      exempted operational files, the complainant shall support such
      allegation with a sworn written submission, based upon personal
      knowledge or otherwise admissible evidence;
        (4)(A) when a complainant alleges that requested records were
      improperly withheld because of improper exemption of operational
      files, the Central Intelligence Agency shall meet its burden
      under section 552(a)(4)(B) of title 5 by demonstrating to the
      court by sworn written submission that exempted operational files
      likely to contain responsive records currently perform the
      functions set forth in subsection (b) of this section; and
        (B) the court may not order the Central Intelligence Agency to
      review the content of any exempted operational file or files in
      order to make the demonstration required under subparagraph (A)
      of this paragraph, unless the complainant disputes the Central
      Intelligence Agency's showing with a sworn written submission
      based on personal knowledge or otherwise admissible evidence;
        (5) in proceedings under paragraphs (3) and (4) of this
      subsection, the parties shall not obtain discovery pursuant to
      rules 26 through 36 of the Federal Rules of Civil Procedure,
      except that requests for admission may be made pursuant to rules
      26 and 36;
        (6) if the court finds under this subsection that the Central
      Intelligence Agency has improperly withheld requested records
      because of failure to comply with any provision of this section,
      the court shall order the Central Intelligence Agency to search
      and review the appropriate exempted operational file or files for
      the requested records and make such records, or portions thereof,
      available in accordance with the provisions of section 552 of
      title 5 (Freedom of Information Act), and such order shall be the
      exclusive remedy for failure to comply with this section; and
        (7) if at any time following the filing of a complaint pursuant
      to this subsection the Central Intelligence Agency agrees to
      search the appropriate exempted operational file or files for the
      requested records, the court shall dismiss the claim based upon
      such complaint.
    (g) Decennial review of exempted operational files
      Not less than once every ten years, the Director of the Central
    Intelligence Agency and the Director of National Intelligence shall
    review the exemptions in force under subsection (a) of this section
    to determine whether such exemptions may be removed from any
    category of exempted files or any portion thereof.
      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.
      A complainant who alleges that the Central Intelligence Agency
    has improperly withheld records because of failure to comply with
    this subsection may seek judicial review in the district court of
    the United States of the district in which any of the parties
    reside, or in the District of Columbia. In such a proceeding, the
    court's review shall be limited to determining the following:
        (A) Whether the Central Intelligence Agency has conducted the
      review required by paragraph (1) before October 15, 1994, or
      before the expiration of the 10-year period beginning on the date
      of the most recent review.
        (B) Whether the Central Intelligence Agency, in fact,
      considered the criteria set forth in paragraph (2) in conducting
      the required review.

-SOURCE-
    (July 26, 1947, ch. 343, title VII, Sec. 701, as added Pub. L. 98-
    477, Sec. 2(a), Oct. 15, 1984, 98 Stat. 2209; amended Pub. L. 104-
    93, title VII, Sec. 702, Jan. 6, 1996, 109 Stat. 978; Pub. L. 107-
    306, title III, Sec. 353(b)(10), Nov. 27, 2002, 116 Stat. 2402;
    Pub. L. 108-136, div. A, title IX, Sec. 922(b)(1), (2)(B)-(F),
    (d)(1)(B), Nov. 24, 2003, 117 Stat. 1573, 1574; Pub. L. 108-458,
    title I, Secs. 1071(a)(6), 1072(a)(7), Dec. 17, 2004, 118 Stat.
    3690, 3692.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (f)(5), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-COD-
                               CODIFICATION                           
      The text of section 432 of this title, which was transferred to
    this section and redesignated as subsec. (g) by Pub. L. 108-136,
    Sec. 922(b)(2)(B), was based on act July 26, 1947, ch. 343, title
    VII, Sec. 702, as added Pub. L. 98-477, Sec. 2(a), Oct. 15, 1984,
    98 Stat. 2211.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458, Sec. 1071(a)(6)(A),
    substituted "The Director of the Central Intelligence Agency, with
    the coordination of the Director of National Intelligence, may
    exempt operational files of the Central Intelligence Agency" for
    "Operational files of the Central Intelligence Agency may be
    exempted by the Director of Central Intelligence".
      Subsec. (c)(3). Pub. L. 108-458, Sec. 1072(a)(7), substituted
    "Office of the Director of National Intelligence" for "Office of
    the Director of Central Intelligence".
      Subsec. (g)(1). Pub. L. 108-458, Sec. 1071(a)(6)(B), substituted
    "Director of the Central Intelligence Agency and the Director of
    National Intelligence" for "Director of Central Intelligence".
      2003 - Pub. L. 108-136, Sec. 922(d)(1)(B), substituted
    "Operational files of the Central Intelligence Agency" for
    "Exemption of certain operational files from search, review,
    publication, or disclosure" in section catchline.
      Subsec. (b). Pub. L. 108-136, Sec. 922(b)(1), which directed the
    substitution of "In this section," for "For purposes of this
    title", was executed by making the substitution for "For the
    purposes of this title", to reflect the probable intent of
    Congress.
      Subsec. (g). Pub. L. 108-136, Sec. 922(b)(2)(C), inserted
    heading.
      Pub. L. 108-136, Sec. 922(b)(2)(B), transferred text of section
    432 of this title to this section, redesignated it as subsec. (g),
    and redesignated subsecs. (a) to (c) of that text as pars. (1) to
    (3), respectively, of subsec. (g).
      Subsec. (g)(1). Pub. L. 108-136, Sec. 922(b)(2)(D), substituted
    "of this section" for "of section 431 of this title".
      Subsec. (g)(2). Pub. L. 108-136, Sec. 922(b)(2)(E), which
    directed the substitution of "paragraph (1)" for "of subsection (a)
    of this section", was executed by making the substitution for
    "subsection (a) of this section", to reflect the probable intent of
    Congress.
      Subsec. (g)(3). Pub. L. 108-136, Sec. 922(b)(2)(F)(ii),
    substituted "to determining the following:" and subpars. (A) and
    (B) for "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."
      Pub. L. 108-136, Sec. 922(b)(2)(F)(i), substituted "with this
    subsection" for "with this section" in first sentence.
      2002 - Subsec. (c)(3). Pub. L. 107-306 substituted "congressional
    intelligence committees" for "intelligence committees of the
    Congress".
      1996 - Subsec. (b)(3). Pub. L. 104-93 substituted "Office of
    Personnel Security" for "Office of Security".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                              EFFECTIVE DATE                          
      Section 4 of Pub. L. 98-477 provided that: "The amendments made
    by subsections (a) and (b) of section 2 [enacting this subchapter
    and amending section 552a of Title 5, Government Organization and
    Employees] shall be effective upon enactment of this Act [Oct. 15,
    1984] and shall apply with respect to any requests for records,
    whether or not such request was made prior to such enactment, and
    shall apply to all civil actions not commenced prior to February 7,
    1984."

-End-



-CITE-
    50 USC Sec. 432                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES

-HEAD-
    Sec. 432. Operational files of the National Geospatial-Intelligence
      Agency

-STATUTE-
    (a) Exemption of certain operational files from search, review,
      publication, or disclosure
      (1) The Director of the National Geospatial-Intelligence Agency,
    with the coordination of the Director of National Intelligence, may
    exempt operational files of the National Geospatial-Intelligence
    Agency from the provisions of section 552 of title 5 which require
    publication, disclosure, search, or review in connection therewith.
      (2)(A) Subject to subparagraph (B), for the purposes of this
    section, the term "operational files" means files of the National
    Geospatial-Intelligence Agency (hereafter in this section referred
    to as "NGA") concerning the activities of NGA that before the
    establishment of NGA were performed by the National Photographic
    Interpretation Center of the Central Intelligence Agency (NPIC),
    that document the means by which foreign intelligence or
    counterintelligence is collected through scientific and technical
    systems.
      (B) Files which are the sole repository of disseminated
    intelligence are not operational files.
      (3) Notwithstanding paragraph (1), exempted operational files
    shall continue to be subject to search and review for information
    concerning - 
        (A) United States citizens or aliens lawfully admitted for
      permanent residence who have requested information on themselves
      pursuant to the provisions of section 552 or 552a of title 5;
        (B) any special activity the existence of which is not exempt
      from disclosure under the provisions of section 552 of title 5;
      or
        (C) the specific subject matter of an investigation by any of
      the following for any impropriety, or violation of law, Executive
      order, or Presidential directive, in the conduct of an
      intelligence activity:
          (i) The congressional intelligence committees.
          (ii) The Intelligence Oversight Board.
          (iii) The Department of Justice.
          (iv) The Office of General Counsel of NGA.
          (v) The Office of the Director of NGA.
          (vi) The Office of the Inspector General of the National
        Geospatial-Intelligence Agency.

      (4)(A) Files that are not exempted under paragraph (1) which
    contain information derived or disseminated from exempted
    operational files shall be subject to search and review.
      (B) The inclusion of information from exempted operational files
    in files that are not exempted under paragraph (1) shall not affect
    the exemption under paragraph (1) of the originating operational
    files from search, review, publication, or disclosure.
      (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 December 3, 1999, and
    which specifically cites and repeals or modifies its provisions.
      (6)(A) Except as provided in subparagraph (B), whenever any
    person who has requested agency records under section 552 of title
    5 alleges that NGA has withheld records improperly because of
    failure to comply with any provision of this section, judicial
    review shall be available under the terms set forth in section
    552(a)(4)(B) of title 5.
      (B) Judicial review shall not be available in the manner provided
    for under subparagraph (A) as follows:
        (i) In any case in which information specifically authorized
      under criteria established by an Executive order to be kept
      secret in the interests of national defense or foreign relations
      is filed with, or produced for, the court by NGA, such
      information shall be examined ex parte, in camera by the court.
        (ii) The court shall, to the fullest extent practicable,
      determine the issues of fact based on sworn written submissions
      of the parties.
        (iii) When a complainant alleges that requested records are
      improperly withheld because of improper placement solely in
      exempted operational files, the complainant shall support such
      allegation with a sworn written submission based upon personal
      knowledge or otherwise admissible evidence.
        (iv)(I) When a complainant alleges that requested records were
      improperly withheld because of improper exemption of operational
      files, NGA shall meet its burden under section 552(a)(4)(B) of
      title 5 by demonstrating to the court by sworn written submission
      that exempted operational files likely to contain responsive
      records currently perform the functions set forth in paragraph
      (2).
        (II) The court may not order NGA to review the content of any
      exempted operational file or files in order to make the
      demonstration required under subclause (I), unless the
      complainant disputes NGA's showing with a sworn written
      submission based on personal knowledge or otherwise admissible
      evidence.
        (v) In proceedings under clauses (iii) and (iv), the parties
      may not obtain discovery pursuant to rules 26 through 36 of the
      Federal Rules of Civil Procedure, except that requests for
      admissions may be made pursuant to rules 26 and 36.
        (vi) If the court finds under this paragraph that NGA has
      improperly withheld requested records because of failure to
      comply with any provision of this subsection, the court shall
      order NGA to search and review the appropriate exempted
      operational file or files for the requested records and make such
      records, or portions thereof, available in accordance with the
      provisions of section 552 of title 5, 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 NGA agrees to search the appropriate
      exempted operational file or files for the requested records, the
      court shall dismiss the claim based upon such complaint.
        (viii) Any information filed with, or produced for the court
      pursuant to clauses (i) and (iv) shall be coordinated with the
      Director of National Intelligence prior to submission to the
      court.
    (b) Decennial review of exempted operational files
      (1) Not less than once every 10 years, the Director of the
    National Geospatial-Intelligence Agency and the Director of
    National Intelligence shall review the exemptions in force under
    subsection (a)(1) of this section to determine whether such
    exemptions may be removed from the category of exempted files or
    any portion thereof. The Director of National Intelligence must
    approve any determination to remove such exemptions.
      (2) The review required by paragraph (1) shall include
    consideration of the historical value or other public interest in
    the subject matter of the particular category of files or portions
    thereof and the potential for declassifying a significant part of
    the information contained therein.
      (3) A complainant that alleges that NGA has improperly withheld
    records because of failure to comply with this subsection may seek
    judicial review in the district court of the United States of the
    district in which any of the parties reside, or in the District of
    Columbia. In such a proceeding, the court's review shall be limited
    to determining the following:
        (A) Whether NGA has conducted the review required by paragraph
      (1) before the expiration of the 10-year period beginning on
      December 3, 1999, or before the expiration of the 10-year period
      beginning on the date of the most recent review.
        (B) Whether NGA, in fact, considered the criteria set forth in
      paragraph (2) in conducting the required review.

-SOURCE-
    (July 26, 1947, ch. 343, title VII, Sec. 702, formerly title I,
    Sec. 105B, as added Pub. L. 106-120, title V, Sec. 501(a)(1), Dec.
    3, 1999, 113 Stat. 1616; renumbered Sec. 105C, Pub. L. 107-56,
    title IX, Sec. 905(a)(1), Oct. 26, 2001, 115 Stat. 388; amended
    Pub. L. 107-306, title III, Sec. 353(b)(5), Nov. 27, 2002, 116
    Stat. 2402; renumbered title VII, Sec. 702, and amended Pub. L. 108-
    136, div. A, title IX, Secs. 921(e)(4), 922(c), (d)(1)(C), Nov.
    24, 2003, 117 Stat. 1569, 1573, 1574; Pub. L. 108-375, div. A,
    title X, Sec. 1084(j), Oct. 28, 2004, 118 Stat. 2064; Pub. L. 108-
    458, title I, Sec. 1071(a)(1)(DD)-(FF), Dec. 17, 2004, 118 Stat.
    3689; Pub. L. 109-163, div. A, title IX, Sec. 933(b)(1), Jan. 6,
    2006, 119 Stat. 3416.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (a)(6)(B)(v), are set out in the Appendix to Title 28, Judiciary
    and Judicial Procedure.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 403-5c of this title
    prior to renumbering by Pub. L. 108-136, and to section 403-5b of
    this title prior to renumbering by Pub. L. 107-56.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 432, act July 26, 1947, ch. 343, title VII, Sec.
    702, as added Pub. L. 98-477, Sec. 2(a), Oct. 15, 1984, 98 Stat.
    2211; amended Pub. L. 108-136, div. A, title IX, Sec. 922(b)(2)(A),
    Nov. 24, 2003, 117 Stat. 1573, was transferred to section 431 of
    this title and redesignated as subsec. (g) by Pub. L. 108-136, div.
    A, title IX, Sec. 922(b)(2)(B), Nov. 24, 2003, 117 Stat. 1573.

                                AMENDMENTS                            
      2006 - Subsec. (a)(3)(C)(vi). Pub. L. 109-163 added cl. (vi).
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(DD),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (a)(6)(B)(iv)(I). Pub. L. 108-375 substituted "responsive
    records" for "responsible records".
      Subsec. (a)(6)(B)(viii). Pub. L. 108-458, Sec. 1071(a)(1)(EE),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (b)(1). Pub. L. 108-458, Sec. 1071(a)(1)(FF), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence" in two places.
      2003 - Pub. L. 108-136, Sec. 922(d)(1)(C), amended section
    catchline generally, substituting "Operational files of the
    National Geospatial-Intelligence Agency" for "Protection of
    operational files of the National Imagery and Mapping Agency".
      Subsec. (a)(1). Pub. L. 108-136, Sec. 921(e)(4)(A), substituted
    "National Geospatial-Intelligence Agency" for "National Imagery and
    Mapping Agency" in two places.
      Subsec. (a)(2)(A). Pub. L. 108-136, Sec. 921(e)(4)(A), (B),
    substituted "NGA" for "NIMA" wherever appearing and substituted
    "National Geospatial-Intelligence Agency" for "National Imagery and
    Mapping Agency".
      Subsec. (a)(3)(C)(iv), (v), (6)(A), (B)(i), (iv)(I). Pub. L. 108-
    136, Sec. 921(e)(4)(B), substituted "NGA" for "NIMA".
      Subsec. (a)(6)(B)(iv)(II). Pub. L. 108-136, Sec. 921(e)(4)(B),
    (C), substituted "NGA" for "NIMA" and "NGA's" for "NIMA's".
      Subsec. (a)(6)(B)(vi), (vii). Pub. L. 108-136, Sec. 921(e)(4)(B),
    substituted "NGA" for "NIMA" wherever appearing.
      Subsec. (b)(1). Pub. L. 108-136, Sec. 921(e)(4)(A), substituted
    "National Geospatial-Intelligence Agency" for "National Imagery and
    Mapping Agency".
      Subsec. (b)(3). Pub. L. 108-136, Sec. 921(e)(4)(B), substituted
    "NGA" for "NIMA" wherever appearing.
      2002 - Subsec. (a)(3)(C). Pub. L. 107-306 added cl. (i),
    redesignated cls. (iii) to (vi) as (ii) to (v), respectively, and
    struck out former cls. (i) and (ii) which read as follows:
      "(i) The Permanent Select Committee on Intelligence of the House
    of Representatives.
      "(ii) The Select Committee on Intelligence of the Senate."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                 TREATMENT OF CERTAIN TRANSFERRED RECORDS             
      Pub. L. 106-120, title V, Sec. 501(b), Dec. 3, 1999, 113 Stat.
    1619, as amended by Pub. L. 108-136, div. A, title IX, Sec. 921(g),
    Nov. 24, 2003, 117 Stat. 1570, provided that: "Any record
    transferred to the National Geospatial-Intelligence Agency from
    exempted operational files of the Central Intelligence Agency
    covered by section 701(a) of the National Security Act of 1947 (50
    U.S.C. 431(a)) shall be placed in the operational files of the
    National Geospatial-Intelligence Agency that are established
    pursuant to section 105B [now 702] of the National Security Act of
    1947 [50 U.S.C. 432], as added by subsection (a)."

-End-



-CITE-
    50 USC Sec. 432a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES

-HEAD-
    Sec. 432a. Operational files of the National Reconnaissance Office

-STATUTE-
    (a) Exemption of certain operational files from search, review,
      publication, or disclosure
      (1) The Director of the National Reconnaissance Office, with the
    coordination of the Director of National Intelligence, may exempt
    operational files of the National Reconnaissance Office from the
    provisions of section 552 of title 5 which require publication,
    disclosure, search, or review in connection therewith.
      (2)(A) Subject to subparagraph (B), for the purposes of this
    section, the term "operational files" means files of the National
    Reconnaissance Office (hereafter in this section referred to as
    "NRO") that document the means by which foreign intelligence or
    counterintelligence is collected through scientific and technical
    systems.
      (B) Files which are the sole repository of disseminated
    intelligence are not operational files.
      (3) Notwithstanding paragraph (1), exempted operational files
    shall continue to be subject to search and review for information
    concerning - 
        (A) United States citizens or aliens lawfully admitted for
      permanent residence who have requested information on themselves
      pursuant to the provisions of section 552 or 552a of title 5;
        (B) any special activity the existence of which is not exempt
      from disclosure under the provisions of section 552 of title 5;
      or
        (C) the specific subject matter of an investigation by any of
      the following for any impropriety, or violation of law, Executive
      order, or Presidential directive, in the conduct of an
      intelligence activity:
          (i) The Permanent Select Committee on Intelligence of the
        House of Representatives.
          (ii) The Select Committee on Intelligence of the Senate.
          (iii) The Intelligence Oversight Board.
          (iv) The Department of Justice.
          (v) The Office of General Counsel of NRO.
          (vi) The Office of the Director of NRO.
          (vii) The Office of the Inspector General of the NRO.

      (4)(A) Files that are not exempted under paragraph (1) which
    contain information derived or disseminated from exempted
    operational files shall be subject to search and review.
      (B) The inclusion of information from exempted operational files
    in files that are not exempted under paragraph (1) shall not affect
    the exemption under paragraph (1) of the originating operational
    files from search, review, publication, or disclosure.
      (C) The declassification of some of the information contained in
    exempted operational files shall not affect the status of the
    operational file as being exempt from search, review, publication,
    or disclosure.
      (D) Records from exempted operational files which have been
    disseminated to and referenced in files that are not exempted under
    paragraph (1) and which have been returned to exempted operational
    files for sole retention shall be subject to search and review.
      (5) The provisions of paragraph (1) may not be superseded except
    by a provision of law which is enacted after November 27, 2002, and
    which specifically cites and repeals or modifies its provisions.
      (6)(A) Except as provided in subparagraph (B), whenever any
    person who has requested agency records under section 552 of title
    5 alleges that NRO has withheld records improperly because of
    failure to comply with any provision of this section, judicial
    review shall be available under the terms set forth in section
    552(a)(4)(B) of title 5.
      (B) Judicial review shall not be available in the manner provided
    for under subparagraph (A) as follows:
        (i) In any case in which information specifically authorized
      under criteria established by an Executive order to be kept
      secret in the interests of national defense or foreign relations
      is filed with, or produced for, the court by NRO, such
      information shall be examined ex parte, in camera by the court.
        (ii) The court shall, to the fullest extent practicable,
      determine the issues of fact based on sworn written submissions
      of the parties.
        (iii) When a complainant alleges that requested records are
      improperly withheld because of improper placement solely in
      exempted operational files, the complainant shall support such
      allegation with a sworn written submission based upon personal
      knowledge or otherwise admissible evidence.
        (iv)(I) When a complainant alleges that requested records were
      improperly withheld because of improper exemption of operational
      files, NRO shall meet its burden under section 552(a)(4)(B) of
      title 5 by demonstrating to the court by sworn written submission
      that exempted operational files likely to contain responsive
      records currently perform the functions set forth in paragraph
      (2).
        (II) The court may not order NRO to review the content of any
      exempted operational file or files in order to make the
      demonstration required under subclause (I), unless the
      complainant disputes NRO's showing with a sworn written
      submission based on personal knowledge or otherwise admissible
      evidence.
        (v) In proceedings under clauses (iii) and (iv), the parties
      may not obtain discovery pursuant to rules 26 through 36 of the
      Federal Rules of Civil Procedure, except that requests for
      admissions may be made pursuant to rules 26 and 36.
        (vi) If the court finds under this paragraph that NRO has
      improperly withheld requested records because of failure to
      comply with any provision of this subsection, the court shall
      order NRO to search and review the appropriate exempted
      operational file or files for the requested records and make such
      records, or portions thereof, available in accordance with the
      provisions of section 552 of title 5 and such order shall be the
      exclusive remedy for failure to comply with this subsection.
        (vii) If at any time following the filing of a complaint
      pursuant to this paragraph NRO agrees to search the appropriate
      exempted operational file or files for the requested records, the
      court shall dismiss the claim based upon such complaint.
        (viii) Any information filed with, or produced for the court
      pursuant to clauses (i) and (iv) shall be coordinated with the
      Director of National Intelligence prior to submission to the
      court.
    (b) Decennial review of exempted operational files
      (1) Not less than once every 10 years, the Director of the
    National Reconnaissance Office and the Director of National
    Intelligence shall review the exemptions in force under subsection
    (a)(1) of this section to determine whether such exemptions may be
    removed from the category of exempted files or any portion thereof.
    The Director of National Intelligence must approve any
    determination to remove such exemptions.
      (2) The review required by paragraph (1) shall include
    consideration of the historical value or other public interest in
    the subject matter of the particular category of files or portions
    thereof and the potential for declassifying a significant part of
    the information contained therein.
      (3) A complainant that alleges that NRO has improperly withheld
    records because of failure to comply with this subsection may seek
    judicial review in the district court of the United States of the
    district in which any of the parties reside, or in the District of
    Columbia. In such a proceeding, the court's review shall be limited
    to determining the following:
        (A) Whether NRO has conducted the review required by paragraph
      (1) before the expiration of the 10-year period beginning on
      November 27, 2002, or before the expiration of the 10-year period
      beginning on the date of the most recent review.
        (B) Whether NRO, in fact, considered the criteria set forth in
      paragraph (2) in conducting the required review.

-SOURCE-
    (July 26, 1947, ch. 343, title VII, Sec. 703, formerly title I,
    Sec. 105D, as added Pub. L. 107-306, title V, Sec. 502(a), Nov. 27,
    2002, 116 Stat. 2405; renumbered title VII, Sec. 703, and amended
    Pub. L. 108-136, div. A, title IX, Sec. 922(c), (d)(1)(D), Nov. 24,
    2003, 117 Stat. 1573, 1574; Pub. L. 108-375, div. A, title X, Sec.
    1084(j), Oct. 28, 2004, 118 Stat. 2064; Pub. L. 108-458, title I,
    Sec. 1071(a)(1)(GG)-(II), Dec. 17, 2004, 118 Stat. 3689; Pub. L.
    109-163, div. A, title IX, Sec. 933(b)(2), Jan. 6, 2006, 119 Stat.
    3416.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (a)(6)(B)(v), are set out in the Appendix to Title 28, Judiciary
    and Judicial Procedure.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 403-5e of this title
    prior to renumbering by Pub. L. 108-136.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(3)(C)(vii). Pub. L. 109-163 added cl. (vii).
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(GG),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (a)(6)(B)(iv)(I). Pub. L. 108-375 substituted "responsive
    records" for "responsible records".
      Subsec. (a)(6)(B)(viii). Pub. L. 108-458, Sec. 1071(a)(1)(HH),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (b)(1). Pub. L. 108-458, Sec. 1071(a)(1)(II), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence" in two places.
      2003 - Pub. L. 108-136 substituted "Operational files of the
    National Reconnaissance Office" for "Protection of operational
    files of the National Reconnaissance Office" in section catchline.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 432b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES

-HEAD-
    Sec. 432b. Operational files of the National Security Agency

-STATUTE-
    (a) Exemption of certain operational files from search, review,
      publication, or disclosure
      The Director of the National Security Agency, in coordination
    with the Director of National Intelligence, may exempt operational
    files of the National Security Agency from the provisions of
    section 552 of title 5 which require publication, disclosure,
    search, or review in connection therewith.
    (b) Operational files defined
      (1) In this section, the term "operational files" means - 
        (A) files of the Signals Intelligence Directorate of the
      National Security Agency (and any successor organization of that
      directorate) that document the means by which foreign
      intelligence or counterintelligence is collected through
      technical systems; and
        (B) files of the Research Associate Directorate of the National
      Security Agency (and any successor organization of that
      directorate) that document the means by which foreign
      intelligence or counterintelligence is collected through
      scientific and technical systems.

      (2) Files that are the sole repository of disseminated
    intelligence, and files that have been accessioned into the
    National Security Agency Archives (or any successor organization)
    are not operational files.
    (c) Search and review for information
      Notwithstanding subsection (a) of this section, exempted
    operational files shall continue to be subject to search and review
    for information concerning any of the following:
        (1) United States citizens or aliens lawfully admitted for
      permanent residence who have requested information on themselves
      pursuant to the provisions of section 552 or 552a of title 5.
        (2) Any special activity the existence of which is not exempt
      from disclosure under the provisions of section 552 of title 5.
        (3) 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:
          (A) The Committee on Armed Services and the Permanent Select
        Committee on Intelligence of the House of Representatives.
          (B) The Committee on Armed Services and the Select Committee
        on Intelligence of the Senate.
          (C) The Intelligence Oversight Board.
          (D) The Department of Justice.
          (E) The Office of General Counsel of the National Security
        Agency.
          (F) The Office of the Inspector General of the Department of
        Defense.
          (G) The Office of the Director of the National Security
        Agency.
          (H) The Office of the Inspector General of the National
        Security Agency.
    (d) Information derived or disseminated from exempted operational
      files
      (1) Files that are not exempted under subsection (a) of this
    section that contain information derived or disseminated from
    exempted operational files shall be subject to search and review.
      (2) The inclusion of information from exempted operational files
    in files that are not exempted under subsection (a) of this section
    shall not affect the exemption under subsection (a) of this section
    of the originating operational files from search, review,
    publication, or disclosure.
      (3) The declassification of some of the information contained in
    exempted operational files shall not affect the status of the
    operational file as being exempt from search, review, publication,
    or disclosure.
      (4) Records from exempted operational files that have been
    disseminated to and referenced in files that are not exempted under
    subsection (a) of this section and that have been returned to
    exempted operational files for sole retention shall be subject to
    search and review.
    (e) Supersedure of other laws
      The provisions of subsection (a) of this section may not be
    superseded except by a provision of law that is enacted after
    November 24, 2003, and that specifically cites and repeals or
    modifies such provisions.
    (f) Allegation; improper withholding of records; judicial review
      (1) Except as provided in paragraph (2), whenever any person who
    has requested agency records under section 552 of title 5 alleges
    that the National Security Agency has withheld records improperly
    because of failure to comply with any provision of this section,
    judicial review shall be available under the terms set forth in
    section 552(a)(4)(B) of title 5.
      (2) Judicial review shall not be available in the manner provided
    for under paragraph (1) as follows:
        (A) In any case in which information specifically authorized
      under criteria established by an Executive order to be kept
      secret in the interests of national defense or foreign relations
      is filed with, or produced for, the court by the National
      Security Agency, such information shall be examined ex parte, in
      camera by the court.
        (B) The court shall determine, to the fullest extent
      practicable, the issues of fact based on sworn written
      submissions of the parties.
        (C) When a complainant alleges that requested records are
      improperly withheld because of improper placement solely in
      exempted operational files, the complainant shall support such
      allegation with a sworn written submission based upon personal
      knowledge or otherwise admissible evidence.
        (D)(i) When a complainant alleges that requested records were
      improperly withheld because of improper exemption of operational
      files, the National Security Agency shall meet its burden under
      section 552(a)(4)(B) of title 5 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.
        (ii) The court may not order the National Security Agency to
      review the content of any exempted operational file or files in
      order to make the demonstration required under clause (i), unless
      the complainant disputes the National Security Agency's showing
      with a sworn written submission based on personal knowledge or
      otherwise admissible evidence.
        (E) In proceedings under subparagraphs (C) and (D), the parties
      may not obtain discovery pursuant to rules 26 through 36 of the
      Federal Rules of Civil Procedure, except that requests for
      admissions may be made pursuant to rules 26 and 36.
        (F) If the court finds under this subsection that the National
      Security Agency has improperly withheld requested records because
      of failure to comply with any provision of this subsection, the
      court shall order the Agency to search and review the appropriate
      exempted operational file or files for the requested records and
      make such records, or portions thereof, available in accordance
      with the provisions of section 552 of title 5, and such order
      shall be the exclusive remedy for failure to comply with this
      section (other than subsection (g) of this section).
        (G) If at any time following the filing of a complaint pursuant
      to this paragraph the National Security Agency agrees to search
      the appropriate exempted operational file or files for the
      requested records, the court shall dismiss the claim based upon
      such complaint.
        (H) Any information filed with, or produced for the court
      pursuant to subparagraphs (A) and (D) shall be coordinated with
      the Director of National Intelligence before submission to the
      court.
    (g) Decennial review of exempted operational files
      (1) Not less than once every 10 years, the Director of the
    National Security Agency and the Director of National Intelligence
    shall review the exemptions in force under subsection (a) of this
    section to determine whether such exemptions may be removed from a
    category of exempted files or any portion thereof. The Director of
    National Intelligence must approve any determination to remove such
    exemptions.
      (2) The review required by paragraph (1) shall include
    consideration of the historical value or other public interest in
    the subject matter of a particular category of files or portions
    thereof and the potential for declassifying a significant part of
    the information contained therein.
      (3) A complainant that alleges that the National Security Agency
    has improperly withheld records because of failure to comply with
    this subsection may seek judicial review in the district court of
    the United States of the district in which any of the parties
    reside, or in the District of Columbia. In such a proceeding, the
    court's review shall be limited to determining the following:
        (A) Whether the National Security Agency has conducted the
      review required by paragraph (1) before the expiration of the 10-
      year period beginning on November 24, 2003, or before the
      expiration of the 10-year period beginning on the date of the
      most recent review.
        (B) Whether the National Security Agency, in fact, considered
      the criteria set forth in paragraph (2) in conducting the
      required review.

-SOURCE-
    (July 26, 1947, ch. 343, title VII, Sec. 704, as added Pub. L. 108-
    136, div. A, title IX, Sec. 922(a), Nov. 24, 2003, 117 Stat. 1570;
    amended Pub. L. 108-375, div. A, title X, Sec. 1084(j), Oct. 28,
    2004, 118 Stat. 2064; Pub. L. 108-458, title I, Sec. 1071(a)(1)(JJ)-
    (LL), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 109-163, div. A,
    title IX, Sec. 933(b)(3), Jan. 6, 2006, 119 Stat. 3416.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (f)(2)(E), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(3)(H). Pub. L. 109-163 added subpar. (H).
      2004 - Subsec. (a). Pub. L. 108-458, Sec. 1071(a)(1)(JJ), which
    directed amendment of par. (1) of subsec. (a) by substituting
    "Director of National Intelligence" for "Director of Central
    Intelligence", was executed to text of subsec. (a), which does not
    contain any pars., to reflect the probable intent of Congress.
      Subsec. (f)(2)(D)(i). Pub. L. 108-375 substituted "responsive
    records" for "responsible records".
      Subsec. (f)(2)(H). Pub. L. 108-458, Sec. 1071(a)(1)(KK),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (g)(1). Pub. L. 108-458, Sec. 1071(a)(1)(LL), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence" in two places.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 432c                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES

-HEAD-
    Sec. 432c. Operational files of the Defense Intelligence Agency

-STATUTE-
    (a) Exemption of operational files
      The Director of the Defense Intelligence Agency, in coordination
    with the Director of National Intelligence, may exempt operational
    files of the Defense Intelligence Agency from the provisions of
    section 552 of title 5, which require publication, disclosure,
    search, or review in connection therewith.
    (b) Operational files defined
      (1) In this section, the term "operational files" means - 
        (A) files of the Directorate of Human Intelligence of the
      Defense Intelligence Agency (and any successor organization of
      that directorate) that document the conduct of foreign
      intelligence or counterintelligence operations or intelligence or
      security liaison arrangements or information exchanges with
      foreign governments or their intelligence or security services;
      and
        (B) files of the Directorate of Technology of the Defense
      Intelligence Agency (and any successor organization of that
      directorate) that document the means by which foreign
      intelligence or counterintelligence is collected through
      technical systems.

      (2) Files that are the sole repository of disseminated
    intelligence are not operational files.
    (c) Search and review for information
      Notwithstanding subsection (a) 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 or 552a of title 5.
        (2) Any special activity the existence of which is not exempt
      from disclosure under the provisions of section 552 of title 5.
        (3) 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:
          (A) The Committee on Armed Services and the Permanent Select
        Committee on Intelligence of the House of Representatives.
          (B) The Committee on Armed Services and the Select Committee
        on Intelligence of the Senate.
          (C) The Intelligence Oversight Board.
          (D) The Department of Justice.
          (E) The Office of General Counsel of the Department of
        Defense or of the Defense Intelligence Agency.
          (F) The Office of Inspector General of the Department of
        Defense or of the Defense Intelligence Agency.
          (G) The Office of the Director of the Defense Intelligence
        Agency.
    (d) Information derived or disseminated from exempted operational
      files
      (1) Files that are not exempted under subsection (a) of this
    section that contain information derived or disseminated from
    exempted operational files shall be subject to search and review.
      (2) The inclusion of information from exempted operational files
    in files that are not exempted under subsection (a) of this section
    shall not affect the exemption under subsection (a) of this section
    of the originating operational files from search, review,
    publication, or disclosure.
      (3) The declassification of some of the information contained in
    an exempted operational file shall not affect the status of the
    operational file as being exempt from search, review, publication,
    or disclosure.
      (4) Records from exempted operational files that have been
    disseminated to and referenced in files that are not exempted under
    subsection (a) of this section and that have been returned to
    exempted operational files for sole retention shall be subject to
    search and review.
    (e) Allegation; improper withholding of records; judicial review
      (1) Except as provided in paragraph (2), whenever any person who
    has requested agency records under section 552 of title 5 alleges
    that the Defense Intelligence Agency has withheld records
    improperly because of failure to comply with any provision of this
    section, judicial review shall be available under the terms set
    forth in section 552(a)(4)(B) of title 5.
      (2) Judicial review shall not be available in the manner provided
    under paragraph (1) as follows:
        (A) In any case in which information specifically authorized
      under criteria established by an Executive order to be kept
      secret in the interest of national defense or foreign relations
      which is filed with, or produced for, the court by the Defense
      Intelligence Agency, such information shall be examined ex parte,
      in camera by the court.
        (B) The court shall determine, to the fullest extent
      practicable, issues of fact based on sworn written submissions of
      the parties.
        (C) When a complainant alleges that requested records were
      improperly withheld because of improper placement solely in
      exempted operational files, the complainant shall support such
      allegation with a sworn written submission based upon personal
      knowledge or otherwise admissible evidence.
        (D)(i) When a complainant alleges that requested records were
      improperly withheld because of improper exemption of operational
      files, the Defense Intelligence Agency shall meet its burden
      under section 552(a)(4)(B) of title 5 by demonstrating to the
      court by sworn written submission that exempted operational files
      likely to contain responsible records currently perform the
      functions set forth in subsection (b) of this section.
        (ii) The court may not order the Defense Intelligence Agency to
      review the content of any exempted operational file or files in
      order to make the demonstration required under clause (i), unless
      the complainant disputes the Defense Intelligence Agency's
      showing with a sworn written submission based on personal
      knowledge or otherwise admissible evidence.
        (E) In proceedings under subparagraphs (C) and (D), the parties
      shall not obtain discovery pursuant to rules 26 through 36 of the
      Federal Rules of Civil Procedure, except that requests for
      admission may be made pursuant to rules 26 and 36.
        (F) If the court finds under this subsection that the Defense
      Intelligence Agency has improperly withheld requested records
      because of failure to comply with any provision of this
      subsection, the court shall order the Defense Intelligence Agency
      to search and review the appropriate exempted operational file or
      files for the requested records and make such records, or
      portions thereof, available in accordance with the provisions of
      section 552 of title 5, and such order shall be the exclusive
      remedy for failure to comply with this section (other than
      subsection (f)).
        (G) If at any time following the filing of a complaint pursuant
      to this paragraph the Defense Intelligence Agency agrees to
      search the appropriate exempted operational file or files for the
      requested records, the court shall dismiss the claim based upon
      such complaint.
        (H) Any information filed with, or produced for the court
      pursuant to subparagraphs (A) and (D) shall be coordinated with
      the Director of National Intelligence before submission to the
      court.
    (f) Decennial review of exempted operational files
      (1) Not less than once every 10 years, the Director of the
    Defense Intelligence Agency and the Director of National
    Intelligence shall review the exemptions in force under subsection
    (a) of this section to determine whether such exemptions may be
    removed from a category of exempted files or any portion thereof.
    The Director of National Intelligence must approve any
    determinations to remove such exemptions.
      (2) The review required by paragraph (1) shall include
    consideration of the historical value or other public interest in
    the subject matter of the particular category of files or portions
    thereof and the potential for declassifying a significant part of
    the information contained therein.
      (3) A complainant that alleges that the Defense Intelligence
    Agency has improperly withheld records because of failure to comply
    with this subsection may seek judicial review in the district court
    of the United States of the district in which any of the parties
    reside, or in the District of Columbia. In such a proceeding, the
    court's review shall be limited to determining the following:
        (A) Whether the Defense Intelligence Agency has conducted the
      review required by paragraph (1) before the expiration of the 10-
      year period beginning on January 6, 2006, or before the
      expiration of the 10-year period beginning on the date of the
      most recent review.
        (B) Whether the Defense Intelligence Agency, in fact,
      considered the criteria set forth in paragraph (2) in conducting
      the required review.
    (g) Termination
      This section shall cease to be effective on December 31, 2007.

-SOURCE-
    (July 26, 1947, ch. 343, title VII, Sec. 705, as added Pub. L. 109-
    163, div. A, title IX, Sec. 933(a)(1), Jan. 6, 2006, 119 Stat.
    3413.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (e)(2)(E), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-End-


-CITE-
    50 USC SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION     01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-
             SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION         

-End-



-CITE-
    50 USC Sec. 435                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-
    Sec. 435. Procedures

-STATUTE-
      (a) Not later than 180 days after October 14, 1994, the President
    shall, by Executive order or regulation, establish procedures to
    govern access to classified information which shall be binding upon
    all departments, agencies, and offices of the executive branch of
    Government. Such procedures shall, at a minimum - 
        (1) provide that, except as may be permitted by the President,
      no employee in the executive branch of Government may be given
      access to classified information by any department, agency, or
      office of the executive branch of Government unless, based upon
      an appropriate background investigation, such access is
      determined to be clearly consistent with the national security
      interests of the United States;
        (2) establish uniform minimum requirements governing the scope
      and frequency of background investigations and reinvestigations
      for all employees in the executive branch of Government who
      require access to classified information as part of their
      official responsibilities;
        (3) provide that all employees in the executive branch of
      Government who require access to classified information shall be
      required as a condition of such access to provide to the
      employing department or agency written consent which permits
      access by an authorized investigative agency to relevant
      financial records, other financial information, consumer reports,
      travel records, and computers used in the performance of
      Government duties, as determined by the President, in accordance
      with section 436 of this title, during the period of access to
      classified information and for a period of three years
      thereafter;
        (4) provide that all employees in the executive branch of
      Government who require access to particularly sensitive
      classified information, as determined by the President, shall be
      required, as a condition of maintaining access to such
      information, to submit to the employing department or agency,
      during the period of such access, relevant information concerning
      their financial condition and foreign travel, as determined by
      the President, as may be necessary to ensure appropriate
      security; and
        (5) establish uniform minimum standards to ensure that
      employees in the executive branch of Government whose access to
      classified information is being denied or terminated under this
      subchapter are appropriately advised of the reasons for such
      denial or termination and are provided an adequate opportunity to
      respond to all adverse information which forms the basis for such
      denial or termination before final action by the department or
      agency concerned.

      (b)(1) Subsection (a) of this section shall not be deemed to
    limit or affect the responsibility and power of an agency head
    pursuant to other law or Executive order to deny or terminate
    access to classified information if the national security so
    requires. Such responsibility and power may be exercised only when
    the agency head determines that the procedures prescribed by
    subsection (a) of this section cannot be invoked in a manner that
    is consistent with the national security.
      (2) Upon the exercise of such responsibility, the agency head
    shall submit a report to the congressional intelligence committees.

-SOURCE-
    (July 26, 1947, ch. 343, title VIII, Sec. 801, as added Pub. L. 103-
    359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3435;
    amended Pub. L. 106-120, title III, Sec. 305(a), Dec. 3, 1999, 113
    Stat. 1611; Pub. L. 107-306, title III, Sec. 353(b)(2)(B), Nov. 27,
    2002, 116 Stat. 2402.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b)(2). Pub. L. 107-306 substituted "congressional
    intelligence committees" for "Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate".
      1999 - Subsec. (a)(3). Pub. L. 106-120 substituted "travel
    records, and computers used in the performance of Government
    duties" for "and travel records".

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-120, title III, Sec. 305(c), Dec. 3, 1999, 113 Stat.
    1612, provided that: "The President shall modify the procedures
    required by section 801(a)(3) of the National Security Act of 1947
    [50 U.S.C. 435(a)(3)] to take into account the amendment to that
    section made by subsection (a) of this section not later than 90
    days after the date of the enactment of this Act [Dec. 3, 1999]."

                              EFFECTIVE DATE                          
      Section 802(c) of Pub. L. 103-359 provided that: "The amendments
    made by subsections (a) and (b) [enacting this subchapter] shall
    take effect 180 days after the date of enactment of this Act [Oct.
    14, 1994]."

                      DECLASSIFICATION OF INFORMATION                  
      Pub. L. 106-567, title VII, Dec. 27, 2000, 114 Stat. 2856, as
    amended by Pub. L. 108-458, title I, Sec. 1102, Dec. 17, 2004, 118
    Stat. 3699, provided that:

      "SEC. 701. SHORT TITLE.
      "This title may be cited as the 'Public Interest Declassification
    Act of 2000'.

      "SEC. 702. FINDINGS.
      "Congress makes the following findings:
        "(1) It is in the national interest to establish an effective,
      coordinated, and cost-effective means by which records on
      specific subjects of extraordinary public interest that do not
      undermine the national security interests of the United States
      may be collected, retained, reviewed, and disseminated to
      Congress, policymakers in the executive branch, and the public.
        "(2) Ensuring, through such measures, public access to
      information that does not require continued protection to
      maintain the national security interests of the United States is
      a key to striking the balance between secrecy essential to
      national security and the openness that is central to the proper
      functioning of the political institutions of the United States.

      "SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.
      "(a) Establishment. - (1) There is established within the
    executive branch of the United States a board to be known as the
    'Public Interest Declassification Board' (in this title referred to
    as the 'Board').
      "(2) The Board shall report directly to the President or, upon
    designation by the President, the Vice President, the Attorney
    General, or other designee of the President. The other designee of
    the President under this paragraph may not be an agency head or
    official authorized to classify information under Executive Order
    12958 [set out below], or any successor order.
      "(b) Purposes. - The purposes of the Board are as follows:
        "(1) To advise the President, the Assistant to the President
      for National Security Affairs, the Director of the Office of
      Management and Budget, and such other executive branch officials
      as the Board considers appropriate on the systematic, thorough,
      coordinated, and comprehensive identification, collection, review
      for declassification, and release to Congress, interested
      agencies, and the public of declassified records and materials
      (including donated historical materials) that are of archival
      value, including records and materials of extraordinary public
      interest.
        "(2) To promote the fullest possible public access to a
      thorough, accurate, and reliable documentary record of
      significant United States national security decisions and
      significant United States national security activities in order
      to - 
          "(A) support the oversight and legislative functions of
        Congress;
          "(B) support the policymaking role of the executive branch;
          "(C) respond to the interest of the public in national
        security matters; and
          "(D) promote reliable historical analysis and new avenues of
        historical study in national security matters.
        "(3) To provide recommendations to the President for the
      identification, collection, and review for declassification of
      information of extraordinary public interest that does not
      undermine the national security of the United States, to be
      undertaken in accordance with a declassification program that has
      been established or may be established by the President by
      Executive order.
        "(4) To advise the President, the Assistant to the President
      for National Security Affairs, the Director of the Office of
      Management and Budget, and such other executive branch officials
      as the Board considers appropriate on policies deriving from the
      issuance by the President of Executive orders regarding the
      classification and declassification of national security
      information.
        "(5) To review and make recommendations to the President in a
      timely manner with respect to any congressional request, made by
      the committee of jurisdiction, to declassify certain records or
      to reconsider a declination to declassify specific records.
      "(c) Membership. - (1) The Board shall be composed of nine
    individuals appointed from among citizens of the United States who
    are preeminent in the fields of history, national security, foreign
    policy, intelligence policy, social science, law, or archives,
    including individuals who have served in Congress or otherwise in
    the Federal Government or have otherwise engaged in research,
    scholarship, or publication in such fields on matters relating to
    the national security of the United States, of whom - 
        "(A) five shall be appointed by the President;
        "(B) one shall be appointed by the Speaker of the House of
      Representatives;
        "(C) one shall be appointed by the majority leader of the
      Senate;
        "(D) one shall be appointed by the minority leader of the
      Senate; and
        "(E) one shall be appointed by the minority leader of the House
      of Representatives.
      "(2)(A) Of the members initially appointed to the Board by the
    President - 
        "(i) three shall be appointed for a term of 4 years;
        "(ii) one shall be appointed for a term of 3 years; and
        "(iii) one shall be appointed for a term of 2 years.
      "(B) The members initially appointed to the Board by the Speaker
    of the House of Representatives or by the majority leader of the
    Senate shall be appointed for a term of 3 years.
      "(C) The members initially appointed to the Board by the minority
    leader of the House of Representatives or the Senate shall be
    appointed for a term of 2 years.
      "(D) Any subsequent appointment to the Board shall be for a term
    of 3 years.
      "(3) A vacancy in the Board shall be filled in the same manner as
    the original appointment. A member of the Board appointed to fill a
    vacancy before the expiration of a term shall serve for the
    remainder of the term.
      "(4) A member of the Board may be appointed to a new term on the
    Board upon the expiration of the member's term on the Board, except
    that no member may serve more than three full terms on the Board.
      "(d) Chairperson; Executive Secretary. - (1)(A) The President
    shall designate one of the members of the Board as the Chairperson
    of the Board.
      "(B) The term of service as Chairperson of the Board shall be 2
    years.
      "(C) A member serving as Chairperson of the Board may be
    redesignated as Chairperson of the Board upon the expiration of the
    member's term as Chairperson of the Board, except that no member
    shall serve as Chairperson of the Board for more than 6 years.
      "(2) The Director of the Information Security Oversight Office
    shall serve as the Executive Secretary of the Board.
      "(e) Meetings. - The Board shall meet as needed to accomplish its
    mission, consistent with the availability of funds. A majority of
    the members of the Board shall constitute a quorum.
      "(f) Staff. - Any employee of the Federal Government may be
    detailed to the Board, with the agreement of and without
    reimbursement to the detailing agency, and such detail shall be
    without interruption or loss of civil, military, or foreign service
    status or privilege.
      "(g) Security. - (1) The members and staff of the Board shall, as
    a condition of appointment to or employment with the Board, hold
    appropriate security clearances for access to the classified
    records and materials to be reviewed by the Board or its staff, and
    shall follow the guidance and practices on security under
    applicable Executive orders and Presidential or agency directives.
      "(2) The head of an agency shall, as a condition of granting
    access to a member of the Board, the Executive Secretary of the
    Board, or a member of the staff of the Board to classified records
    or materials of the agency under this title, require the member,
    the Executive Secretary, or the member of the staff, as the case
    may be, to - 
        "(A) execute an agreement regarding the security of such
      records or materials that is approved by the head of the agency;
      and
        "(B) hold an appropriate security clearance granted or
      recognized under the standard procedures and eligibility criteria
      of the agency, including any special access approval required for
      access to such records or materials.
      "(3) The members of the Board, the Executive Secretary of the
    Board, and the members of the staff of the Board may not use any
    information acquired in the course of their official activities on
    the Board for nonofficial purposes.
      "(4) For purposes of any law or regulation governing access to
    classified information that pertains to the national security of
    the United States, and subject to any limitations on access arising
    under section 706(b), and to facilitate the advisory functions of
    the Board under this title, a member of the Board seeking access to
    a record or material under this title shall be deemed for purposes
    of this subsection to have a need to know the contents of the
    record or material.
      "(h) Compensation. - (1) Each member of the Board shall receive
    compensation at a rate not to exceed the daily equivalent of the
    annual rate of basic pay payable for positions at ES-1 of the
    Senior Executive Service under section 5382 of title 5, United
    States Code, for each day such member is engaged in the actual
    performance of duties of the Board.
      "(2) Members of the Board shall be allowed travel expenses,
    including per diem in lieu of subsistence at rates authorized for
    employees of agencies under subchapter I of chapter 57 of title 5,
    United States Code, while away from their homes or regular places
    of business in the performance of the duties of the Board.
      "(i) Guidance; Annual Budget. - (1) On behalf of the President,
    the Assistant to the President for National Security Affairs shall
    provide guidance on policy to the Board.
      "(2) The Executive Secretary of the Board, under the direction of
    the Chairperson of the Board and the Board, and acting in
    consultation with the Archivist of the United States, the Assistant
    to the President for National Security Affairs, and the Director of
    the Office of Management and Budget, shall prepare the annual
    budget of the Board.
      "(j) Support. - The Information Security Oversight Office may
    support the activities of the Board under this title. Such support
    shall be provided on a reimbursable basis.
      "(k) Public Availability of Records and Reports. - (1) The Board
    shall make available for public inspection records of its
    proceedings and reports prepared in the course of its activities
    under this title to the extent such records and reports are not
    classified and would not be exempt from release under the
    provisions of section 552 of title 5, United States Code.
      "(2) In making records and reports available under paragraph (1),
    the Board shall coordinate the release of such records and reports
    with appropriate officials from agencies with expertise in
    classified information in order to ensure that such records and
    reports do not inadvertently contain classified information.
      "(l) Applicability of Certain Administrative Laws. - The
    provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
    shall not apply to the activities of the Board under this title.
    However, the records of the Board shall be governed by the
    provisions of the Federal Records Act of 1950 [see References in
    Text note under section 450j of Title 25, Indians].

      "SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR
        DECLASSIFICATION OF INFORMATION OF ARCHIVAL VALUE OR
        EXTRAORDINARY PUBLIC INTEREST.
      "(a) Briefings on Agency Declassification Programs. - (1) As
    requested by the Board, or by the Select Committee on Intelligence
    of the Senate or the Permanent Select Committee on Intelligence of
    the House of Representatives, the head of any agency with the
    authority under an Executive order to classify information shall
    provide to the Board, the Select Committee on Intelligence of the
    Senate, or the Permanent Select Committee on Intelligence of the
    House of Representatives, on an annual basis, a summary briefing
    and report on such agency's progress and plans in the
    declassification of national security information. Such briefing
    shall cover the declassification goals set by statute, regulation,
    or policy, the agency's progress with respect to such goals, and
    the agency's planned goals and priorities for its declassification
    activities over the next 2 fiscal years. Agency briefings and
    reports shall give particular attention to progress on the
    declassification of records and materials that are of archival
    value or extraordinary public interest to the people of the United
    States.
      "(2)(A) The annual briefing and report under paragraph (1) for
    agencies within the Department of Defense, including the military
    departments and the elements of the intelligence community, shall
    be provided on a consolidated basis.
      "(B) In this paragraph, the term 'elements of the intelligence
    community' means the elements of the intelligence community
    specified or designated under section 3(4) of the National Security
    Act of 1947 (50 U.S.C. 401a(4)).
      "(b) Recommendations on Agency Declassification Programs. - (1)
    Upon reviewing and discussing declassification plans and progress
    with an agency, the Board shall provide to the head of the agency
    the written recommendations of the Board as to how the agency's
    declassification program could be improved. A copy of each
    recommendation shall also be submitted to the Assistant to the
    President for National Security Affairs and the Director of the
    Office of Management and Budget.
      "(2) Consistent with the provisions of section 703(k), the
    Board's recommendations to the head of an agency under paragraph
    (1) shall become public 60 days after such recommendations are sent
    to the head of the agency under that paragraph.
      "(c) Recommendations on Special Searches for Records of
    Extraordinary Public Interest. - (1) The Board shall also make
    recommendations to the President regarding proposed initiatives to
    identify, collect, and review for declassification classified
    records and materials of extraordinary public interest.
      "(2) In making recommendations under paragraph (1), the Board
    shall consider the following:
        "(A) The opinions and requests of Members of Congress,
      including opinions and requests expressed or embodied in letters
      or legislative proposals, and also including specific requests
      for the declassification of certain records or for the
      reconsideration of declinations to declassify specific records.
        "(B) The opinions and requests of the National Security
      Council, the Director of Central Intelligence, and the heads of
      other agencies.
        "(C) The opinions of United States citizens.
        "(D) The opinions of members of the Board.
        "(E) The impact of special searches on systematic and all other
      on-going declassification programs.
        "(F) The costs (including budgetary costs) and the impact that
      complying with the recommendations would have on agency budgets,
      programs, and operations.
        "(G) The benefits of the recommendations.
        "(H) The impact of compliance with the recommendations on the
      national security of the United States.
      "(d) President's Declassification Priorities. - (1) Concurrent
    with the submission to Congress of the budget of the President each
    fiscal year under section 1105 of title 31, United States Code, the
    Director of the Office of Management and Budget shall publish a
    description of the President's declassification program and
    priorities, together with a listing of the funds requested to
    implement that program.
      "(2) Nothing in this title shall be construed to substitute or
    supersede, or establish a funding process for, any declassification
    program that has been established or may be established by the
    President by Executive order.
      "(e) Declassification Reviews. - If requested by the President,
    the Board shall review in a timely manner certain records or
    declinations to declassify specific records, the declassification
    of which has been the subject of specific congressional request
    described in section 703(b)(5).

      "SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER
        INFORMATION.
      "(a) In General. - Nothing in this title shall be construed to
    limit the authority of the head of an agency to classify
    information or to continue the classification of information
    previously classified by that agency.
      "(b) Special Access Programs. - Nothing in this title shall be
    construed to limit the authority of the head of an agency to grant
    or deny access to a special access program.
      "(c) Authorities of Director of Central Intelligence. - Nothing
    in this title shall be construed to limit the authorities of the
    Director of Central Intelligence as the head of the intelligence
    community, including the Director's responsibility to protect
    intelligence sources and methods from unauthorized disclosure as
    required by section 103(c)(6) of the National Security Act of 1947
    ([former] 50 U.S.C. 403-3(c)(6)).
      "(d) Exemptions to Release of Information. - Nothing in this
    title shall be construed to limit any exemption or exception to the
    release to the public under this title of information that is
    protected under subsection (b) of section 552 of title 5, United
    States Code (commonly referred to as the 'Freedom of Information
    Act'), or section 552a of title 5, United States Code (commonly
    referred to as the 'Privacy Act').
      "(e) Withholding Information From Congress. - Nothing in this
    title shall be construed to authorize the withholding of
    information from Congress.

      "SEC. 706. STANDARDS AND PROCEDURES.
      "(a) Liaison. - (1) The head of each agency with the authority
    under an Executive order to classify information and the head of
    each Federal Presidential library shall designate an employee of
    such agency or library to act as liaison to the Board for purposes
    of this title.
      "(2) The Board may establish liaison and otherwise consult with
    such other historical and advisory committees as the Board
    considers appropriate for purposes of this title.
      "(b) Limitations on Access. - (1)(A) Except as provided in
    paragraph (2), if the head of an agency or the head of a Federal
    Presidential library determines it necessary to deny or restrict
    access of the Board, or of the agency or library liaison to the
    Board, to information contained in a record or material, in whole
    or in part, the head of the agency or the head of the library shall
    promptly notify the Board in writing of such determination.
      "(B) Each notice to the Board under subparagraph (A) shall
    include a description of the nature of the records or materials,
    and a justification for the determination, covered by such notice.
      "(2) In the case of a determination referred to in paragraph (1)
    with respect to a special access program created by the Secretary
    of Defense, the Director of Central Intelligence, or the head of
    any other agency, the notification of denial of access under
    paragraph (1), including a description of the nature of the Board's
    request for access, shall be submitted to the Assistant to the
    President for National Security Affairs rather than to the Board.
      "(c) Discretion To Disclose. - At the conclusion of a
    declassification review, the head of an agency may, in the
    discretion of the head of the agency, determine that the public's
    interest in the disclosure of records or materials of the agency
    covered by such review, and still properly classified, outweighs
    the Government's need to protect such records or materials, and may
    release such records or materials in accordance with the provisions
    of Executive Order No. 12958 [set out below] or any successor order
    to such Executive order.
      "(d) Discretion To Protect. - At the conclusion of a
    declassification review, the head of an agency may, in the
    discretion of the head of the agency, determine that the interest
    of the agency in the protection of records or materials of the
    agency covered by such review, and still properly classified,
    outweighs the public's need for access to such records or
    materials, and may deny release of such records or materials in
    accordance with the provisions of Executive Order No. 12958 or any
    successor order to such Executive order.
      "(e) Reports. - (1)(A) Except as provided in paragraph (2), the
    Board shall annually submit to the appropriate congressional
    committees a report on the activities of the Board under this
    title, including summary information regarding any denials to the
    Board by the head of an agency or the head of a Federal
    Presidential library of access to records or materials under this
    title.
      "(B) In this paragraph, the term 'appropriate congressional
    committees' means the Select Committee on Intelligence and the
    Committee on Governmental Affairs [now Committee on Homeland
    Security and Governmental Affairs] of the Senate and the Permanent
    Select Committee on Intelligence and the Committee on Government
    Reform of the House of Representatives.
      "(2) Notwithstanding paragraph (1), notice that the Board has
    been denied access to records and materials, and a justification
    for the determination in support of the denial, shall be submitted
    by the agency denying the access as follows:
        "(A) In the case of the denial of access to a special access
      program created by the Secretary of Defense, to the Committees on
      Armed Services and Appropriations of the Senate and to the
      Committees on Armed Services and Appropriations of the House of
      Representatives.
        "(B) In the case of the denial of access to a special access
      program created by the Director of Central Intelligence, or by
      the head of any other agency (including the Department of
      Defense) if the special access program pertains to intelligence
      activities, or of access to any information and materials
      relating to intelligence sources and methods, to the Select
      Committee on Intelligence of the Senate and the Permanent Select
      Committee on Intelligence of the House of Representatives.
        "(C) In the case of the denial of access to a special access
      program created by the Secretary of Energy or the Administrator
      for Nuclear Security, to the Committees on Armed Services and
      Appropriations and the Select Committee on Intelligence of the
      Senate and to the Committees on Armed Services and Appropriations
      and the Permanent Select Committee on Intelligence of the House
      of Representatives.
      "(f) Notification of Review. - In response to a specific
    congressional request for declassification review described in
    section 703(b)(5), the Board shall advise the originators of the
    request in a timely manner whether the Board intends to conduct
    such review.

      "SEC. 707. JUDICIAL REVIEW.
      "Nothing in this title limits the protection afforded to any
    information under any other provision of law. This title is not
    intended and may not be construed to create any right or benefit,
    substantive or procedural, enforceable against the United States,
    its agencies, its officers, or its employees. This title does not
    modify in any way the substantive criteria or procedures for the
    classification of information, nor does this title create any right
    or benefit subject to judicial review.

      "SEC. 708. FUNDING.
      "(a) Authorization of Appropriations. - There is hereby
    authorized to be appropriated to carry out the provisions of this
    title amounts as follows:
        "(1) For fiscal year 2001, $650,000.
        "(2) For each fiscal year after fiscal year 2001, such sums as
      may be necessary for such fiscal year.
      "(b) Funding Requests. - The President shall include in the
    budget submitted to Congress for each fiscal year under section
    1105 of title 31, United States Code, a request for amounts for the
    activities of the Board under this title during such fiscal year.

      "SEC. 709. DEFINITIONS.
      "In this title:
        "(1) Agency. - (A) Except as provided in subparagraph (B), the
      term 'agency' means the following:
          "(i) An Executive agency, as that term is defined in section
        105 of title 5, United States Code.
          "(ii) A military department, as that term is defined in
        section 102 of such title.
          "(iii) Any other entity in the executive branch that comes
        into the possession of classified information.
        "(B) The term does not include the Board.
        "(2) Classified material or record. - The terms 'classified
      material' and 'classified record' include any correspondence,
      memorandum, book, plan, map, drawing, diagram, pictorial or
      graphic work, photograph, film, microfilm, sound recording,
      videotape, machine readable records, and other documentary
      material, regardless of physical form or characteristics, that
      has been determined pursuant to Executive order to require
      protection against unauthorized disclosure in the interests of
      the national security of the United States.
        "(3) Declassification. - The term 'declassification' means the
      process by which records or materials that have been classified
      are determined no longer to require protection from unauthorized
      disclosure to protect the national security of the United States.
        "(4) Donated historical material. - The term 'donated
      historical material' means collections of personal papers donated
      or given to a Federal Presidential library or other archival
      repository under a deed of gift or otherwise.
        "(5) Federal presidential library. - The term 'Federal
      Presidential library' means a library operated and maintained by
      the United States Government through the National Archives and
      Records Administration under the applicable provisions of the
      Federal Records Act of 1950 [see References in Text note under
      section 450j of Title 25, Indians].
        "(6) National security. - The term 'national security' means
      the national defense or foreign relations of the United States.
        "(7) Records or materials of extraordinary public interest. -
      The term 'records or materials of extraordinary public interest'
      means records or materials that - 
          "(A) demonstrate and record the national security policies,
        actions, and decisions of the United States, including - 
            "(i) policies, events, actions, and decisions which led to
          significant national security outcomes; and
            "(ii) the development and evolution of significant United
          States national security policies, actions, and decisions;
          "(B) will provide a significantly different perspective in
        general from records and materials publicly available in other
        historical sources; and
          "(C) would need to be addressed through ad hoc record
        searches outside any systematic declassification program
        established under Executive order.
        "(8) Records of archival value. - The term 'records of archival
      value' means records that have been determined by the Archivist
      of the United States to have sufficient historical or other value
      to warrant their continued preservation by the Federal
      Government.

      "SEC. 710. EFFECTIVE DATE; SUNSET.
      "(a) Effective Date. - This title shall take effect on the date
    that is 120 days after the date of the enactment of this Act [Dec.
    27, 2000].
      "(b) Sunset. - The provisions of this title shall expire 8 years
    after the date of the enactment of this Act, unless reauthorized by
    statute."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]

      COMPILATION AND ORGANIZATION OF PREVIOUSLY DECLASSIFIED RECORDS  
      Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1075(c), (d)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-280, provided that:
      "(c) Compilation and Organization of Records. - The Department of
    Defense may not be required, when conducting a special search, to
    compile or organize records that have already been declassified and
    placed into the public domain.
      "(d) Special Searches. - For the purpose of this section, the
    term 'special search' means the response of the Department of
    Defense to any of the following:
        "(1) A statutory requirement to conduct a declassification
      review on a specified set of agency records.
        "(2) An Executive order to conduct a declassification review on
      a specified set of agency records.
        "(3) An order from the President or an official with delegated
      authority from the President to conduct a declassification review
      on a specified set of agency records."

     CERTIFICATION AND REPORT RELATED TO AUTOMATIC DECLASSIFICATION OF
                       DEPARTMENT OF DEFENSE RECORDS
      Pub. L. 106-65, div. A, title X, Sec. 1041(c), (d), Oct. 5, 1999,
    113 Stat. 758, provided that:
      "(c) Certification Required With Respect To Automatic
    Declassification of Records. - No records of the Department of
    Defense that have not been reviewed for declassification shall be
    subject to automatic declassification unless the Secretary of
    Defense certifies to Congress that such declassification would not
    harm the national security.
      "(d) Report on Automatic Declassification of Department of
    Defense Records. - Not later than February 1, 2001, the Secretary
    of Defense shall submit to the Committee on Armed Services of the
    House of Representatives and the Committee on Armed Services of the
    Senate a report on the efforts of the Department of Defense
    relating to the declassification of classified records under the
    control of the Department of Defense. Such report shall include the
    following:
        "(1) An assessment of whether the Department will be able to
      review all relevant records for declassification before any date
      established for automatic declassification.
        "(2) An estimate of the cost of reviewing records to meet any
      requirement to review all relevant records for declassification
      by a date established for automatic declassification.
        "(3) An estimate of the number of records, if any, that the
      Department will be unable to review for declassification before
      any such date and the affect [sic] on national security of the
      automatic declassification of those records.
        "(4) An estimate of the length of time by which any such date
      would need to be extended to avoid the automatic declassification
      of records that have not yet been reviewed as of such date."

      SUPPLEMENT TO PLAN FOR DECLASSIFICATION OF RESTRICTED DATA AND
                         FORMERLY RESTRICTED DATA
      Pub. L. 106-65, div. C, title XXXI, Sec. 3149, Oct. 5, 1999, 113
    Stat. 938, which was formerly set out as a note under this section,
    was renumbered section 4523 of Pub. L. 107-314, the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003, by Pub. L.
    108-136, div. C, title XXXI, Sec. 3141(h)(13)(A)-(C), Nov. 24,
    2003, 117 Stat. 1775, and is classified to section 2673 of this
    title.

    IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR DECLASSIFICATION
       ACTIVITIES AND LIMITATION ON EXPENDITURES FOR SUCH ACTIVITIES
      Pub. L. 106-65, div. C, title XXXI, Sec. 3173, Oct. 5, 1999, 113
    Stat. 949, which was formerly set out as a note under this section,
    was renumbered section 4525 of Pub. L. 107-314, the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003, by Pub. L.
    108-136, div. C, title XXXI, Sec. 3141(h)(15)(A)-(C), Nov. 24,
    2003, 117 Stat. 1775, and is classified to section 2675 of this
    title.

       PROTECTION AGAINST INADVERTENT RELEASE OF RESTRICTED DATA AND
                         FORMERLY RESTRICTED DATA
      Pub. L. 105-261, div. C, title XXXI, Sec. 3161, Oct. 17, 1998,
    112 Stat. 2259, as amended by Pub. L. 106-65, div. A, title X, Sec.
    1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec. 1 [div.
    C, title XXXI, Sec. 3193(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-
    480, which was formerly set out as a note under this section, was
    renumbered section 4522 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(h)(12)(A)-(C), Nov. 24, 2003, 117
    Stat. 1774, and is classified to section 2672 of this title.

            SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES        
      Pub. L. 104-93, title III, Sec. 306, Jan. 6, 1996, 109 Stat. 966,
    provided that: "Notwithstanding any other provision of law not
    specifically referencing this section, a nondisclosure policy form
    or agreement that is to be executed by a person connected with the
    conduct of an intelligence or intelligence-related activity, other
    than an employee or officer of the United States Government, may
    contain provisions appropriate to the particular activity for which
    such document is to be used. Such form or agreement shall, at a
    minimum - 
        "(1) require that the person will not disclose any classified
      information received in the course of such activity unless
      specifically authorized to do so by the United States Government;
      and
        "(2) provide that the form or agreement does not bar - 
          "(A) disclosures to Congress; or
          "(B) disclosures to an authorized official of an executive
        agency that are deemed essential to reporting a violation of
        United States law."

                         VOLUNTARY SERVICE PROGRAM                     
      Pub. L. 104-93, title IV, Sec. 402, Jan. 6, 1996, 109 Stat. 969,
    authorized the Director of Central Intelligence to establish and
    maintain a program from fiscal years 1996 through 2001 to utilize
    the services contributed by not more than 50 annuitants who served
    without compensation as volunteers in aid of the review for
    declassification or downgrading of classified information by the
    Central Intelligence Agency under applicable Executive orders
    governing the classification and declassification of national
    security information and Pub. L. 102-526 (44 U.S.C. 2107 note).

         COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY     
      Pub. L. 103-236, title IX, Apr. 30, 1994, 108 Stat. 525, provided
    that:

      "SEC. 901. SHORT TITLE.
      "This title may be cited as the 'Protection and Reduction of
    Government Secrecy Act'.

      "SEC. 902. FINDINGS.
      "The Congress makes the following findings:
        "(1) During the Cold War an extensive secrecy system developed
      which limited public access to information and reduced the
      ability of the public to participate with full knowledge in the
      process of governmental decisionmaking.
        "(2) In 1992 alone 6,349,532 documents were classified and
      approximately three million persons held some form of security
      clearance.
        "(3) The burden of managing more than 6 million newly
      classified documents every year has led to tremendous
      administrative expense, reduced communication within the
      government and within the scientific community, reduced
      communication between the government and the people of the United
      States, and the selective and unauthorized public disclosure of
      classified information.
        "(4) It has been estimated that private businesses spend more
      than $14 billion each year implementing government mandated
      regulations for protecting classified information.
        "(5) If a smaller amount of truly sensitive information were
      classified the information could be held more securely.
        "(6) In 1970 a Task Force organized by the Defense Science
      Board and headed by Dr. Frederick Seitz concluded that 'more
      might be gained than lost if our Nation were to adopt -
      unilaterally, if necessary - a policy of complete openness in all
      areas of information'.
        "(7) The procedures for granting security clearances have
      themselves become an expensive and inefficient part of the
      secrecy system and should be closely examined.
        "(8) A bipartisan study commission specially constituted for
      the purpose of examining the consequences of the secrecy system
      will be able to offer comprehensive proposals for reform.

      "SEC. 903. PURPOSE.
      "It is the purpose of this title to establish for a two-year
    period a Commission on Protecting and Reducing Government Secrecy -
    
        "(1) to examine the implications of the extensive
      classification of information and to make recommendations to
      reduce the volume of information classified and thereby to
      strengthen the protection of legitimately classified information;
      and
        "(2) to examine and make recommendations concerning current
      procedures relating to the granting of security clearances.

      "SEC. 904. COMPOSITION OF THE COMMISSION.
      "(a) Establishment. - To carry out the purpose of this title,
    there is established a Commission on Protecting and Reducing
    Government Secrecy (in this title referred to as the 'Commission').
      "(b) Composition. - The Commission shall be composed of twelve
    members, as follows:
        "(1) Four members appointed by the President, of whom two shall
      be appointed from the executive branch of the Government and two
      shall be appointed from private life.
        "(2) Two members appointed by the Majority Leader of the
      Senate, of whom one shall be a Member of the Senate and one shall
      be appointed from private life.
        "(3) Two members appointed by the Minority Leader of the
      Senate, of whom one shall be a Member of the Senate and one shall
      be appointed from private life.
        "(4) Two members appointed by the Speaker of the House of
      Representatives, of whom one shall be a Member of the House and
      one shall be appointed from private life.
        "(5) Two members appointed by the Minority Leader of the House
      of Representatives, of whom one shall be a Member of the House
      and one shall be appointed from private life.
      "(c) Chairman. - The Commission shall elect a Chairman from among
    its members.
      "(d) Quorum; Vacancies. - After its initial meeting, the
    Commission shall meet upon the call of the Chairman or a majority
    of its members. Seven members of the Commission shall constitute a
    quorum. Any vacancy in the Commission shall not affect its powers
    but shall be filled in the same manner in which the original
    appointment was made.
      "(e) Appointment of Members; Initial Meeting. - (1) It is the
    sense of the Congress that members of the Commission should be
    appointed not later than 60 days after the date of enactment of
    this title [Apr. 30, 1994].
      "(2) If after 60 days from the date of enactment of this Act
    seven or more members of the Commission have been appointed, those
    members who have been appointed may meet and select a Chairman who
    thereafter shall have authority to begin the operations of the
    Commission, including the hiring of staff.

      "SEC. 905. FUNCTIONS OF THE COMMISSION.
      "The functions of the Commission shall be - 
        "(1) to conduct, for a period of 2 years from the date of its
      first meeting, an investigation into all matters in any way
      related to any legislation, executive order, regulation,
      practice, or procedure relating to classified information or
      granting security clearances; and
        "(2) to submit to the Congress a final report containing such
      recommendations concerning the classification of national
      security information and the granting of security clearances as
      the Commission shall determine, including proposing new
      procedures, rules, regulations, or legislation.

      "SEC. 906. POWERS OF THE COMMISSION.
      "(a) In General. - (1) The Commission or, on the authorization of
    the Commission, any subcommittee or member thereof, may, for the
    purpose of carrying out the provisions of this title - 
        "(A) hold such hearings and sit and act at such times and
      places, take such testimony, receive such evidence, administer
      such oaths, and
        "(B) require, by subpoena or otherwise, the attendance and
      testimony of such witnesses and the production of such books,
      records, correspondence, memoranda, papers, and documents,
    as the Commission or such designated subcommittee or designated
    member may deem advisable.
      "(2) Subpoenas issued under paragraph (1)(B) may be issued under
    the signature of the Chairman of the Commission, the chairman of
    any designated subcommittee, or any designated member, and may be
    served by any person designated by such Chairman, subcommittee
    chairman, or member. The provisions of sections 102 through 104 of
    the Revised Statutes of the United States (2 U.S.C. 192-194) shall
    apply in the case of any failure of any witness to comply with any
    subpoena or to testify when summoned under authority of this
    section.
      "(b) Contracting. - The Commission may, to such extent and in
    such amounts as are provided in appropriation Acts, enter into
    contracts to enable the Commission to discharge its duties under
    this title.
      "(c) Information From Federal Agencies. - The Commission is
    authorized to secure directly from any executive department,
    bureau, agency, board, commission, office, independent
    establishment, or instrumentality of the Government information,
    suggestions, estimates, and statistics for the purposes of this
    title. Each such department, bureau, agency, board, commission,
    office, establishment, or instrumentality shall, to the extent
    authorized by law, furnish such information, suggestions,
    estimates, and statistics directly to the Commission, upon request
    made by the Chairman.
      "(d) Assistance From Federal Agencies. - (1) The Secretary of
    State is authorized on a reimbursable or non-reimbursable basis to
    provide the Commission with administrative services, funds,
    facilities, staff, and other support services for the performance
    of the Commission's functions.
      "(2) The Administrator of General Services shall provide to the
    Commission on a reimbursable basis such administrative support
    services as the Commission may request.
      "(3) In addition to the assistance set forth in paragraphs (1)
    and (2), departments and agencies of the United States are
    authorized to provide to the Commission such services, funds,
    facilities, staff, and other support services as they may deem
    advisable and as may be authorized by law.
      "(e) Gifts. - The Commission may accept, use, and dispose of
    gifts or donations of services or property.
      "(f) Postal Services. - The Commission may use the United States
    mails in the same manner and under the same conditions as
    departments and agencies of the United States.

      "SEC. 907. STAFF OF THE COMMISSION.
      "(a) In General. - The Chairman, in accordance with rules agreed
    upon by the Commission, may appoint and fix the compensation of a
    staff director and such other personnel as may be necessary to
    enable the Commission to carry out its functions, without regard to
    the provisions of title 5, United States Code, governing
    appointments in the competitive service, and without regard to the
    provisions of chapter 51 and subchapter III of chapter 53 of such
    title relating to classification and General Schedule pay rates,
    except that no rate of pay fixed under this subsection may exceed
    the equivalent of that payable to a person occupying a position at
    level V of the Executive Schedule under section 5316 of title 5,
    United States Code. Any Federal Government employee may be detailed
    to the Commission without reimbursement from the Commission, and
    such detailee shall retain the rights, status, and privileges of
    his or her regular employment without interruption.
      "(b) Consultant Services. - The Commission is authorized to
    procure the services of experts and consultants in accordance with
    section 3109 of title 5, United States Code, but at rates not to
    exceed the daily rate paid a person occupying a position at level
    IV of the Executive Schedule under section 5315 of title 5, United
    States Code.

      "SEC. 908. COMPENSATION AND TRAVEL EXPENSES.
      "(a) Compensation. - (1) Except as provided in paragraph (2),
    each member of the Commission may be compensated at not to exceed
    the daily equivalent of the annual rate of basic pay in effect for
    a position at level IV of the Executive Schedule under section 5315
    of title 5, United States Code, for each day during which that
    member is engaged in the actual performance of the duties of the
    Commission.
      "(2) Members of the Commission who are officers or employees of
    the United States or Members of Congress shall receive no
    additional pay on account of their service on the Commission.
      "(b) Travel Expenses. - While away from their homes or regular
    places of business in the performance of services for the
    Commission, members of the Commission shall be allowed travel
    expenses, including per diem in lieu of subsistence, in the same
    manner as persons employed intermittently in the Government service
    are allowed expenses under section 5703(b) of title 5, United
    States Code.

      "SEC. 909. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
      "The appropriate executive departments and agencies shall
    cooperate with the Commission in expeditiously providing to the
    Commission members and staff appropriate security clearances in a
    manner consistent with existing procedures and requirements, except
    that no person shall be provided with access to classified
    information pursuant to this section who would not otherwise
    qualify for such security clearance.

      "SEC. 910. FINAL REPORT OF COMMISSION; TERMINATION.
      "(a) Final Report. - Not later than two years after the date of
    the first meeting of the Commission, the Commission shall submit to
    the Congress its final report, as described in section 905(2).
      "(b) Termination. - (1) The Commission, and all the authorities
    of this title, shall terminate on the date which is 60 days after
    the date on which a final report is required to be transmitted
    under subsection (a).
      "(2) The Commission may use the 60-day period referred to in
    paragraph (1) for the purpose of concluding its activities,
    including providing testimony to committees of Congress concerning
    its final report and disseminating that report."

      REPORTS RELATING TO CERTAIN SPECIAL ACCESS PROGRAMS AND SIMILAR
                                 PROGRAMS
      Pub. L. 103-160, div. A, title XI, Sec. 1152, Nov. 30, 1993, 107
    Stat. 1758, as amended by Pub. L. 106-65, div. C, title XXXII, Sec.
    3294(e)(2), Oct. 5, 1999, 113 Stat. 970, provided that:
      "(a) In General. - (1) Not later than February 1 of each year,
    the head of each covered department or agency shall submit to
    Congress a report on each special access program carried out in the
    department or agency.
      "(2) Each such report shall set forth - 
        "(A) the total amount requested by the department or agency for
      special access programs within the budget submitted under section
      1105 of title 31, United States Code, for the fiscal year
      following the fiscal year in which the report is submitted; and
        "(B) for each program in such budget that is a special access
      program - 
          "(i) a brief description of the program;
          "(ii) in the case of a procurement program, a brief
        discussion of the major milestones established for the program;
          "(iii) the actual cost of the program for each fiscal year
        during which the program has been conducted before the fiscal
        year during which that budget is submitted; and
          "(iv) the estimated total cost of the program and the
        estimated cost of the program for (I) the current fiscal year,
        (II) the fiscal year for which the budget is submitted, and
        (III) each of the four succeeding fiscal years during which the
        program is expected to be conducted.
      "(b) Newly Designated Programs. - (1) Not later than February 1
    of each year, the head of each covered department or agency shall
    submit to Congress a report that, with respect to each new special
    access program of that department or agency, provides - 
        "(A) notice of the designation of the program as a special
      access program; and
        "(B) justification for such designation.
      "(2) A report under paragraph (1) with respect to a program shall
    include - 
        "(A) the current estimate of the total program cost for the
      program; and
        "(B) an identification, as applicable, of existing programs or
      technologies that are similar to the technology, or that have a
      mission similar to the technology, or that have a mission similar
      to the mission, of the program that is the subject of the notice.
      "(3) In this subsection, the term 'new special access program'
    means a special access program that has not previously been covered
    in a notice and justification under this subsection.
      "(c) Revision in Classification of Programs. - (1) Whenever a
    change in the classification of a special access program of a
    covered department or agency is planned to be made or whenever
    classified information concerning a special access program of a
    covered department or agency is to be declassified and made public,
    the head of the department or agency shall submit to Congress a
    report containing a description of the proposed change or the
    information to be declassified, the reasons for the proposed change
    or declassification, and notice of any public announcement planned
    to be made with respect to the proposed change or declassification.
      "(2) Except as provided in paragraph (3), a report referred to in
    paragraph (1) shall be submitted not less than 14 days before the
    date on which the proposed change, declassification, or public
    announcement is to occur.
      "(3) If the head of the department or agency determines that
    because of exceptional circumstances the requirement of paragraph
    (2) cannot be met with respect to a proposed change,
    declassification, or public announcement concerning a special
    access program of the department or agency, the head of the
    department or agency may submit the report required by paragraph
    (1) regarding the proposed change, declassification, or public
    announcement at any time before the proposed change,
    declassification, or public announcement is made and shall include
    in the report an explanation of the exceptional circumstances.
      "(d) Revision of Criteria for Designating Programs. - Whenever
    there is a modification or termination of the policy and criteria
    used for designating a program of a covered department or agency as
    a special access program, the head of the department or agency
    shall promptly notify Congress of such modification or termination.
    Any such notification shall contain the reasons for the
    modification or termination and, in the case of a modification, the
    provisions of the policy as modified.
      "(e) Waiver of Reporting Requirement. - (1) The head of a covered
    department or agency may waive any requirement under subsection
    (a), (b), or (c) that certain information be included in a report
    under that subsection if the head of the department or agency
    determines that inclusion of that information in the report would
    adversely affect the national security. Any such waiver shall be
    made on a case-by-case basis.
      "(2) If the head of a department or agency exercises the
    authority provided under paragraph (1), the head of the department
    or agency shall provide the information described in that
    subsection with respect to the special access program concerned,
    and the justification for the waiver, to Congress.
      "(f) Initiation of Programs. - A special access program may not
    be initiated by a covered department or agency until - 
        "(1) the appropriate oversight committees are notified of the
      program; and
        "(2) a period of 30 days elapses after such notification is
      received.
      "(g) Definitions. - For purposes of this section:
        "(1) Covered department or agency. - (A) Except as provided in
      subparagraph (B), the term 'covered department or agency' means
      any department or agency of the Federal Government that carries
      out a special access program.
        "(B) Such term does not include - 
          "(i) the Department of Defense (which is required to submit
        reports on special access programs under section 119 of title
        10, United States Code);
          "(ii) the National Nuclear Security Administration (which is
        required to submit reports on special access programs under
        section 3236 of the National Nuclear Security Administration
        Act [50 U.S.C. 2426]); or
          "(iii) an agency in the Intelligence Community (as defined in
        section 3(4) of the National Security Act of 1947 (50 U.S.C.
        401a)).
        "(2) Special access program. - The term 'special access
      program' means any program that, under the authority of Executive
      Order 12356 [formerly set out below] (or any successor Executive
      order), is established by the head of a department or agency whom
      the President has designated in the Federal Register as an
      original 'secret' or 'top secret' classification authority that
      imposes 'need-to-know' controls or access controls beyond those
      controls normally required (by regulations applicable to such
      department or agency) for access to information classified as
      'confidential', 'secret', or 'top secret'."

    DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES
          PERSONNEL OF COLD WAR, KOREAN CONFLICT, AND VIETNAM ERA
      Pub. L. 102-190, div. A, title X, Sec. 1082, Dec. 5, 1991, 105
    Stat. 1480, as amended by Pub. L. 103-337, div. A, title X, Sec.
    1036, Oct. 5, 1994, 108 Stat. 2841; Pub. L. 104-106, div. A, title
    X, Sec. 1085, Feb. 10, 1996, 110 Stat. 457, provided that:
      "(a) Public Availability of Information. - (1) Except as provided
    in subsection (b), the Secretary of Defense shall, with respect to
    any information referred to in paragraph (2), place the information
    in a suitable library-like location within a facility within the
    National Capital region for public review and photocopying.
      "(2) Paragraph (1) applies to any record, live-sighting report,
    or other information in the custody of the official custodian
    referred to in subsection (d)(3) that may pertain to the location,
    treatment, or condition of (A) United States personnel who remain
    not accounted for as a result of service in the Armed Forces or
    other Federal Government service during the Korean conflict, the
    Vietnam era, or the Cold War, or (B) their remains.
      "(b) Exceptions. - (1) The Secretary of Defense may not make a
    record or other information available to the public pursuant to
    subsection (a) if - 
        "(A) the record or other information is exempt from the
      disclosure requirements of section 552 of title 5, United States
      Code, by reason of subsection (b) of that section; or
        "(B) the record or other information is in a system of records
      exempt from the requirements of subsection (d) of section 552a of
      such title pursuant to subsection (j) or (k) of that section.
      "(2) The Secretary of Defense may not make a record or other
    information available to the public pursuant to subsection (a) if
    the record or other information specifically mentions a person by
    name unless - 
        "(A) in the case of a person who is alive (and not
      incapacitated) and whose whereabouts are known, that person
      expressly consents in writing to the disclosure of the record or
      other information; or
        "(B) in the case of a person who is dead or incapacitated or
      whose whereabouts are unknown, a family member or family members
      of that person determined by the Secretary of Defense to be
      appropriate for such purpose expressly consent in writing to the
      disclosure of the record or other information.
      "(3)(A) The limitation on disclosure in paragraph (2) does not
    apply in the case of a person who is dead or incapacitated or whose
    whereabouts are unknown if the family member or members of that
    person determined pursuant to subparagraph (B) of that paragraph
    cannot be located by the Secretary of Defense - 
        "(i) in the case of a person missing from the Vietnam era,
      after a reasonable effort; and
        "(ii) in the case of a person missing from the Korean Conflict
      or Cold War, after a period of 90 days from the date on which any
      record or other information referred to in paragraph (2) is
      received by the Department of Defense for disclosure review from
      the Archivist of the United States, the Library of Congress, or
      the Joint United States-Russian Commission on POW/MIAs.
      "(B) Paragraph (2) does not apply to the access of an adult
    member of the family of a person to any record or information to
    the extent that the record or other information relates to that
    person.
      "(C) The authority of a person to consent to disclosure of a
    record or other information for the purposes of paragraph (2) may
    be delegated to another person or an organization only by means of
    an express legal power of attorney granted by the person authorized
    by that paragraph to consent to the disclosure.
      "(c) Deadlines. - (1) In the case of records or other information
    originated by the Department of Defense, the official custodian
    shall make such records and other information available to the
    public pursuant to this section not later than January 2, 1996.
    Such records or other information shall be made available as soon
    as a review carried out for the purposes of subsection (b) is
    completed.
      "(2) Whenever a department or agency of the Federal Government
    receives any record or other information referred to in subsection
    (a) that is required by this section to be made available to the
    public, the head of that department or agency shall ensure that
    such record or other information is provided to the Secretary of
    Defense, and the Secretary shall make such record or other
    information available in accordance with subsection (a) as soon as
    possible and, in any event, not later than one year after the date
    on which the record or information is received by the department or
    agency of the Federal Government.
      "(3) If the Secretary of Defense determines that the disclosure
    of any record or other information referred to in subsection (a) by
    the date required by paragraph (1) or (2) may compromise the safety
    of any United States personnel referred to in subsection (a)(2) who
    remain not accounted for but who may still be alive in captivity,
    then the Secretary may withhold that record or other information
    from the disclosure otherwise required by this section. Whenever
    the Secretary makes a determination under the preceding sentence,
    the Secretary shall immediately notify the President and the
    Congress of that determination.
      "(d) Definitions. - For purposes of this section:
        "(1) The terms 'Korean conflict' and 'Vietnam era' have the
      meanings given those terms in section 101 of title 38, United
      States Code.
        "(2) The term 'Cold War' means the period from the end of World
      War II to the beginning of the Korean conflict and the period
      from the end of the Korean conflict to the beginning of the
      Vietnam era.
        "(3) The term 'official custodian' means - 
          "(A) in the case of records, reports, and information
        relating to the Korean conflict or the Cold War, the Archivist
        of the United States; and
          "(B) in the case of records, reports, and information
        relating to the Vietnam era, the Secretary of Defense."

     DISCLOSURE OF INFORMATION CONCERNING AMERICAN PERSONNEL LISTED AS
          PRISONER, MISSING, OR UNACCOUNTED FOR IN SOUTHEAST ASIA
      Pub. L. 100-453, title IV, Sec. 404, Sept. 29, 1988, 102 Stat.
    1908, provided that:
      "(a) This section is enacted to ensure that current disclosure
    policy is incorporated into law.
      "(b) Except as provided in subsection (c), the head of each
    department or agency - 
        "(1) with respect to which funds are authorized under this Act
      [see Tables for classification], and
        "(2) which holds or receives live sighting reports of any
      United States citizen reported missing in action, prisoner of
      war, or unaccounted for from the Vietnam Conflict,
    shall make available to the next-of-kin of that United States
    citizen all reports, or portions thereof, held by that department
    or agency which have been correlated or possibly correlated to that
    citizen.
      "(c) Subsection (b) does not apply with respect to - 
        "(1) information that would reveal or compromise sources and
      methods of intelligence collection; or
        "(2) specific information that previously has been made
      available to the next-of-kin.
      "(d) The head of each department or agency covered by subsection
    (a) shall make information available under this section in a timely
    manner."


-EXEC-
                         EXECUTIVE ORDER NO. 10501                     
      Ex. Ord. No. 10501, Nov. 5, 1953, 18 F.R. 7049, as amended by Ex.
    Ord. No. 10816, May 7, 1959, 24 F.R. 3777; Ex. Ord. No. 10901, Jan.
    9, 1961, 26 F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26 F.R.
    8932; Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439; Ex. Ord. No.
    11097, Feb. 28, 1963, 28 F.R. 2225; Ex. Ord. No. 11382, Nov. 28,
    1967, 32 F.R. 16247, which related to safeguarding official
    information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37
    F.R. 5209, formerly set out below.

      EX. ORD. NO. 10865. SAFEGUARDING CLASSIFIED INFORMATION WITHIN
                                 INDUSTRY
      Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended by
    Ex. Ord. No. 10909, Jan. 17, 1961, 26 F.R. 508; Ex. Ord. No. 11382,
    Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12829, Sec. 203(g), Jan.
    6, 1993, 58 F.R. 3479; Ex. Ord. No. 13284, Sec. 15, Jan. 23, 2003,
    68 F.R. 4076, provided:
      WHEREAS it is mandatory that the United States protect itself
    against hostile or destructive activities by preventing
    unauthorized disclosures of classified information relating to the
    national defense; and
      WHEREAS it is a fundamental principle of our Government to
    protect the interests of individuals against unreasonable or
    unwarranted encroachment; and
      WHEREAS I find that the provisions and procedures prescribed by
    this order are necessary to assure the preservation of the
    integrity of classified defense information and to protect the
    national interest; and
      WHEREAS I find that those provisions and procedures recognize the
    interest of individuals affected thereby and provide maximum
    possible safeguards to protect such interests:
      NOW, THEREFORE, under and by virtue of the authority vested in me
    by the Constitution and statutes of the United States, and as
    President of the United States and as Commander in Chief of the
    armed forces of the United States, it is hereby ordered as follows:
      Section 1. When used in this order, the term "head of a
    department" means the Secretary of State, the Secretary of Defense,
    the Secretary of Transportation, the Secretary of Energy, the
    Secretary of Homeland Security, the Nuclear Regulatory Commission,
    the Administrator of the National Aeronautics and Space
    Administration, and, in section 4, the Attorney General. The term
    "head of a department" also means the head of any department or
    agency, including but not limited to those referenced above with
    whom the Department of Defense makes an agreement to extend
    regulations prescribed by the Secretary of Defense concerning
    authorizations for access to classified information pursuant to
    Executive Order No. 12829 [set out below].
      Sec. 2. An authorization for access to classified information
    pursuant to Executive Order No. 12829 [set out below] may be
    granted by the head of a department or his designee, including but
    not limited to, those officials named in section 8 of this order,
    to an individual, hereinafter termed an "applicant", for a specific
    classification category only upon a finding that it is clearly
    consistent with the national interest to do so.
      Sec. 3. Except as provided in section 9 of this order, an
    authorization for access to a specific classification category may
    not be finally denied or revoked pursuant to Executive Order No.
    12829 [set out below] by the head of a department or his designee,
    including, but not limited to, those officials named in section 8
    of this order, unless the applicant has been given the following:
      (1) A written statement of the reasons why his access
    authorization may be denied or revoked, which shall be as
    comprehensive and detailed as the national security permits.
      (2) A reasonable opportunity to reply in writing under oath or
    affirmation to the statement of reasons.
      (3) After he has filed under oath or affirmation a written reply
    to the statement of reasons, the form and sufficiency of which may
    be prescribed by regulations issued by the head of the department
    concerned, an opportunity to appear personally before the head of
    the department concerned or his designee including, but not limited
    to, those officials named in section 8 of this order for the
    purpose of supporting his eligibility for access authorization and
    to present evidence on his behalf.
      (4) A reasonable time to prepare for that appearance.
      (5) An opportunity to be represented by counsel.
      (6) An opportunity to cross-examine persons either orally or
    through written interrogatories in accordance with section 4 on
    matters not relating to the characterization in the statement of
    reasons of any organization or individual other than the applicant.
      (7) A written notice of the final decision in his case which, if
    adverse, shall specify whether the head of the department or his
    designee, including, but not limited to, those officials named in
    section 8 of this order, found for or against him with respect to
    each allegation in the statement of reasons.
      Sec. 4. (a) An applicant shall be afforded an opportunity to
    cross-examine persons who have made oral or written statements
    adverse to the applicant relating to a controverted issue except
    that any such statement may be received and considered without
    affording such opportunity in the circumstances described in either
    of the following paragraphs:
      (1) The head of the department supplying the statement certifies
    that the person who furnished the information is a confidential
    informant who has been engaged in obtaining intelligence
    information for the Government and that disclosure of his identity
    would be substantially harmful to the national interest.
      (2) The head of the department concerned or his special designee
    for that particular purpose has preliminarily determined, after
    considering information furnished by the investigative agency
    involved as to the reliability of the person and the accuracy of
    the statement concerned, that the statement concerned appears to be
    reliable and material, and the head of the department or such
    special designee has determined that failure to receive and
    consider such statement would, in view of the level of access
    sought, be substantially harmful to the national security and that
    the person who furnished the information cannot appear to testify
    (A) due to death, severe illness, or similar cause, in which case
    the identity of the person and the information to be considered
    shall be made available to the applicant, or (B) due to some other
    cause determined by the head of the department to be good and
    sufficient.
      (b) Whenever procedures under paragraphs (1) or (2) of subsection
    (a) of this section are used (1) the applicant shall be given a
    summary of the information which shall be as comprehensive and
    detailed as the national security permits, (2) appropriate
    consideration shall be accorded to the fact that the applicant did
    not have an opportunity to cross-examine such person or persons,
    and (3) a final determination adverse to the applicant shall be
    made only by the head of the department based upon his personal
    review of the case.
      Sec. 5. (a) Records compiled in the regular course of business,
    or other physical evidence other than investigative reports, may be
    received and considered subject to rebuttal without authenticating
    witnesses, provided that such information has been furnished to the
    department concerned by an investigative agency pursuant to its
    responsibilities in connection with assisting the head of the
    department concerned to safeguard classified information within
    industry pursuant to this order.
      (b) Records compiled in the regular course of business, or other
    physical evidence other than investigative reports, relating to a
    controverted issue which, because they are classified, may not be
    inspected by the applicant, may be received and considered provided
    that: (1) the head of the department concerned or his special
    designee for that purpose has made a preliminary determination that
    such physical evidence appears to be material, (2) the head of the
    department concerned or such designee has made a determination that
    failure to receive and consider such physical evidence would, in
    view of the level of access sought, be substantially harmful to the
    national security, and (3) to the extent that the national security
    permits, a summary or description of such physical evidence is made
    available to the applicant. In every such case, information as to
    the authenticity and accuracy of such physical evidence furnished
    by the investigative agency involved shall be considered. In such
    instances a final determination adverse to the applicant shall be
    made only by the head of the department based upon his personal
    review of the case.
      Sec. 6. The head of a department of the United States or his
    representative, may issue, in appropriate cases, invitations and
    requests to appear and testify in order that the applicant may have
    the opportunity to cross-examine as provided by this order.
    Whenever a witness is so invited or requested to appear and testify
    at a proceeding and the witness is an officer or employee of the
    executive branch of the Government or a member of the armed forces
    of the United States, and the proceeding involves the activity in
    connection with which the witness is employed, travel expenses and
    per diem are authorized as provided by the Standardized Government
    Travel Regulations or the Joint Travel Regulations, as appropriate.
    In all other cases (including non-Government employees as well as
    officers or employees of the executive branch of the Government or
    members of the armed forces of the United States not covered by the
    foregoing sentence), transportation in kind and reimbursement for
    actual expenses are authorized in an amount not to exceed the
    amount payable under Standardized Government Travel Regulations. An
    officer or employee of the executive branch of the Government or a
    member of the armed forces of the United States who is invited or
    requested to appear pursuant to this paragraph shall be deemed to
    be in the performance of his official duties. So far as the
    national security permits, the head of the investigative agency
    involved shall cooperate with the Secretary, the Administrator, or
    the head of the other department or agency, as the case may be, in
    identifying persons who have made statements adverse to the
    applicant and in assisting him in making them available for cross-
    examination. If a person so invited is an officer or employee of
    the executive branch of the government or a member of the armed
    forces of the United States, the head of the department or agency
    concerned shall cooperate in making that person available for cross-
    examination.
      Sec. 7. Any determination under this order adverse to an
    applicant shall be a determination in terms of the national
    interest and shall in no sense be a determination as to the loyalty
    of the applicant concerned.
      Sec. 8. Except as otherwise specified in the preceding provisions
    of this order, any authority vested in the head of a department by
    this order may be delegated to the the [sic] deputy of that
    department, or the principal assistant to the head of that
    department, as the case may be.
      Sec. 9. Nothing contained in this order shall be deemed to limit
    or affect the responsibility and powers of the head of a department
    to deny or revoke access to a specific classification category if
    the security of the nation so requires. Such authority may not be
    delegated and may be exercised only when the head of a department
    determines that the procedures prescribed in sections 3, 4, and 5
    cannot be invoked consistently with the national security and such
    determination shall be conclusive.

                 MODIFICATION OF EXECUTIVE ORDER NO. 10865             
      Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended, set
    out above, when referring to functions of the Atomic Energy
    Commission is modified to provide that all such functions shall be
    exercised by the Secretary of Energy and the Nuclear Regulatory
    Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3,
    1978, 43 F.R. 4957, set out under section 7151 of Title 42, The
    Public Health and Welfare.

                         EXECUTIVE ORDER NO. 10985                     
      Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439, which amended
    Executive Order No. 10501, which related to safeguarding official
    information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37
    F.R. 5209, formerly set out below.

                         EXECUTIVE ORDER NO. 11097                     
      Ex. Ord. No. 11097, Feb. 28, 1963, 28 F.R. 2225, which amended
    Executive Order No. 10501, which related to safeguarding official
    information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37
    F.R. 5209, formerly set out below.

                         EXECUTIVE ORDER NO. 11652                     
      Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, as amended by Ex.
    Ord. No. 11714, Apr. 24, 1973, 38 F.R. 10245; Ex. Ord. No. 11862,
    June 11, 1975, 40 F.R. 25197; Ex. Ord. No. 12038, Feb. 3, 1978, 43
    F.R. 4957, which related to the classification and declassification
    of national security information and material, was revoked by Ex.
    Ord. No. 12065, June 28, 1978, 43 F.R. 28949, formerly set out
    below.

       EX. ORD. NO. 11932. CLASSIFICATION OF CERTAIN INFORMATION AND
      MATERIAL OBTAINED FROM ADVISORY BODIES CREATED TO IMPLEMENT THE
                       INTERNATIONAL ENERGY PROGRAM
      Ex. Ord. No. 11932, Aug. 4, 1976, 41 F.R. 32691, provided:
      The United States has entered into the Agreement on an
    International Energy Program of November 18, 1974, which created
    the International Energy Agency. This program is a substantial
    factor in the conduct of our foreign relations and an important
    element of our national security. The effectiveness of the
    Agreement depends significantly upon the provision and exchange of
    information and material by participants in advisory bodies created
    by the International Energy Agency. Confidentiality is essential to
    assure the free and open discussion necessary to accomplish the
    tasks assigned to those bodies. I have consulted with the Secretary
    of State, the Attorney General and the Administrator of the Federal
    Energy Administration concerning the handling and safeguarding of
    information and material in the possession of the United States
    which has been obtained pursuant to the program, and I find that
    some of such information and material requires protection as
    provided in Executive Order No. 11652 of March 8, 1972, as amended
    [formerly set out above].
      NOW, THEREFORE, by virtue of the authority vested in me by the
    Constitution and statutes of the United States, and as President of
    the United States, it is hereby ordered as follows:
      Section 1. Information and material obtained pursuant to the
    International Energy Program and which requires protection against
    unauthorized disclosure in the interest of the national defense or
    foreign relations of the United States shall be classified pursuant
    to Executive Order No. 11652 of March 8, 1972, as amended [formerly
    set out above]. The Secretary of State shall have the
    responsibility for the classification, declassification and
    safeguarding of information and material in the possession of the
    United States Government which has been obtained pursuant to:
      (a) Section 252(c)(3), (d)(2), or (e)(3) of the Energy Policy and
    Conservation Act (89 Stat. 871; 42 U.S.C. 6272(c)(3), (d)(2),
    (e)(3)), or
      (b) The Voluntary Agreement and Program relating to the
    International Energy Program (40 F.R. 16041, April 8, 1975), or
      (c) Any similar Voluntary Agreement and Program entered into
    under the Energy Policy and Conservation Act [42 U.S.C. 6201 et
    seq.] after the date of this Order.
      Sec. 2. Information or material classified pursuant to Section 1
    of this Order may be exempted from the General Declassification
    Schedule established by Section 5 of Executive Order No. 11652
    [formerly set out above] if it was obtained by the United States on
    the understanding that it be kept in confidence, or if it might
    otherwise be exempted under Section 5(B) of such Order.
      Sec. 3. (a) Within 60 days of the date of this Order, the
    Secretary of State shall promulgate regulations which implement his
    responsibilities under this Order.
      (b) The directives issued under Section 6 of Executive Order No.
    11652 [formerly set out above] shall not apply to information and
    material classified under this Order. However, the regulations
    promulgated by the Secretary of State shall:
        (1) conform, to the extent practicable, to the policies set
      forth in Section 6 of Executive Order No. 11652 [formerly set out
      above], and
        (2) provide that he may take such measures as he deems
      necessary and appropriate to ensure the confidentiality of any
      information and material classified under this Order that may
      remain in the custody or control of any person outside the United
      States Government.
                                                         Gerald R. Ford.

                         EXECUTIVE ORDER NO. 12065                     
      Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949, as amended by
    Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No.
    12163, Sept. 29, 1979, 44 F.R. 56673, which related to
    classification and declassification of national security
    information and material, was revoked by Ex. Ord. No. 12356, Apr.
    2, 1982, 47 F.R. 14874, 15557, formerly set out below.

                         EXECUTIVE ORDER NO. 12356                     
      Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which
    prescribed a uniform system for classifying, declassifying, and
    safeguarding national security information, was revoked by Ex. Ord.
    No. 12958, Sec. 6.1(d), Apr. 17, 1995, 60 F.R. 19843, set out
    below.

       EX. ORD. NO. 12812. DECLASSIFICATION AND RELEASE OF MATERIALS
           PERTAINING TO PRISONERS OF WAR AND MISSING IN ACTION
      Ex. Ord. No. 12812, July 22, 1992, 57 F.R. 32879, provided:
      WHEREAS, the Senate, by S. Res. 324 of July 2, 1992, has asked
    that I "expeditiously issue an Executive order requiring all
    executive branch departments and agencies to declassify and
    publicly release without compromising United States national
    security all documents, files, and other materials pertaining to
    POWs and MIAs;" and
      WHEREAS, indiscriminate release of classified material could
    jeopardize continuing United States Government efforts to achieve
    the fullest possible accounting of Vietnam-era POWs and MIAs; and
      WHEREAS, I have concluded that the public interest would be
    served by the declassification and public release of materials
    pertaining to Vietnam-era POWs and MIAs as provided below;
      NOW, THEREFORE, by the authority vested in me as President by the
    Constitution and the laws of the United States of America, I hereby
    order as follows:
      Section 1. All executive departments and agencies shall
    expeditiously review all documents, files, and other materials
    pertaining to American POWs and MIAs lost in Southeast Asia for the
    purposes of declassification in accordance with the standards and
    procedures of Executive Order No. 12356 [formerly set out above].
      Sec. 2. All executive departments and agencies shall make
    publicly available documents, files, and other materials
    declassified pursuant to section 1, except for those the disclosure
    of which would constitute a clearly unwarranted invasion of
    personal privacy of returnees, family members of POWs and MIAs, or
    other persons, or would impair the deliberative processes of the
    executive branch.
      Sec. 3. This order is not intended to create any right or
    benefit, substantive or procedural, enforceable by a party against
    the United States, its agencies or instrumentalities, its officers
    or employees, or any other person.
                                                            George Bush.

         EX. ORD. NO. 12829. NATIONAL INDUSTRIAL SECURITY PROGRAM     
      Ex. Ord. No. 12829, Jan. 6, 1993, 58 F.R. 3479, as amended by Ex.
    Ord. No. 12885, Dec. 14, 1993, 58 F.R. 65863, provided:
      This order establishes a National Industrial Security Program to
    safeguard Federal Government classified information that is
    released to contractors, licensees, and grantees of the United
    States Government. To promote our national interests, the United
    States Government issues contracts, licenses, and grants to
    nongovernment organizations. When these arrangements require access
    to classified information, the national security requires that this
    information be safeguarded in a manner equivalent to its protection
    within the executive branch of Government. The national security
    also requires that our industrial security program promote the
    economic and technological interests of the United States.
    Redundant, overlapping, or unnecessary requirements impede those
    interests. Therefore, the National Industrial Security Program
    shall serve as a single, integrated, cohesive industrial security
    program to protect classified information and to preserve our
    Nation's economic and technological interests.
      Therefore, by the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011-
    2286) [42 U.S.C. 2011 et seq.], the National Security Act of 1947,
    as amended (codified as amended in scattered sections of the United
    States Code) [see Short Title note set out under section 401 of
    this title], and the Federal Advisory Committee Act, as amended (5
    U.S.C. App. 2) [5 App. U.S.C.], it is hereby ordered as follows:


-MISC2-
                     PART 1. ESTABLISHMENT AND POLICY                 
      Section 101. Establishment. (a) There is established a National
    Industrial Security Program. The purpose of this program is to
    safeguard classified information that may be released or has been
    released to current, prospective, or former contractors, licensees,
    or grantees of United States agencies. For the purposes of this
    order, the terms "contractor, licensee, or grantee" means current,
    prospective, or former contractors, licensees, or grantees of
    United States agencies. The National Industrial Security Program
    shall be applicable to all executive branch departments and
    agencies.
      (b) The National Industrial Security Program shall provide for
    the protection of information classified pursuant to Executive
    Order No. 12356 of April 2, 1982 [formerly set out above], or its
    successor, and the Atomic Energy Act of 1954, as amended [42 U.S.C.
    2011 et seq.].
      (c) For the purposes of this order, the term "contractor" does
    not include individuals engaged under personal services contracts.
      Sec. 102. Policy Direction. (a) The National Security Council
    shall provide overall policy direction for the National Industrial
    Security Program.
      (b) The Director of the Information Security Oversight Office,
    established under Executive Order No. 12356 of April 2, 1982
    [formerly set out above], shall be responsible for implementing and
    monitoring the National Industrial Security Program and shall:
      (1) develop, in consultation with the agencies, and promulgate
    subject to the approval of the National Security Council,
    directives for the implementation of this order, which shall be
    binding on the agencies;
      (2) oversee agency, contractor, licensee, and grantee actions to
    ensure compliance with this order and implementing directives;
      (3) review all agency implementing regulations, internal rules,
    or guidelines. The Director shall require any regulation, rule, or
    guideline to be changed if it is not consistent with this order or
    implementing directives. Any such decision by the Director may be
    appealed to the National Security Council. The agency regulation,
    rule, or guideline shall remain in effect pending a prompt decision
    on the appeal;
      (4) have the authority, pursuant to terms of applicable
    contracts, licenses, grants, or regulations, to conduct on-site
    reviews of the implementation of the National Industrial Security
    Program by each agency, contractor, licensee, and grantee that has
    access to or stores classified information and to require of each
    agency, contractor, licensee, and grantee those reports,
    information, and other cooperation that may be necessary to fulfill
    the Director's responsibilities. If these reports, inspections, or
    access to specific classified information, or other forms of
    cooperation, would pose an exceptional national security risk, the
    affected agency head or the senior official designated under
    section 203(a) of this order may request the National Security
    Council to deny access to the Director. The Director shall not have
    access pending a prompt decision by the National Security Council;
      (5) report any violations of this order or its implementing
    directives to the head of the agency or to the senior official
    designated under section 203(a) of this order so that corrective
    action, if appropriate, may be taken. Any such report pertaining to
    the implementation of the National Industrial Security Program by a
    contractor, licensee, or grantee shall be directed to the agency
    that is exercising operational oversight over the contractor,
    licensee, or grantee under section 202 of this order;
      (6) consider and take action on complaints and suggestions from
    persons within or outside the Government with respect to the
    administration of the National Industrial Security Program;
      (7) consider, in consultation with the advisory committee
    established by this order, affected agencies, contractors,
    licensees, and grantees, and recommend to the President through the
    National Security Council changes to this order; and
      (8) report at least annually to the President through the
    National Security Council on the implementation of the National
    Industrial Security Program.
      (c) Nothing in this order shall be construed to supersede the
    authority of the Secretary of Energy or the Nuclear Regulatory
    Commission under the Atomic Energy Act of 1954, as amended [42
    U.S.C. 2011 et seq.], or the authority of the Director of Central
    Intelligence under the National Security Act of 1947, as amended
    [see Short Title note set out under section 401 of this title], or
    Executive Order No. 12333 of December 8, 1981 [50 U.S.C. 401 note].
      Sec. 103. National Industrial Security Program Policy Advisory
    Committee. (a) Establishment. There is established the National
    Industrial Security Program Policy Advisory Committee
    ("Committee"). The Director of the Information Security Oversight
    Office shall serve as Chairman of the Committee and appoint the
    members of the Committee. The members of the Committee shall be the
    representatives of those departments and agencies most affected by
    the National Industrial Security Program and nongovernment
    representatives of contractors, licensees, or grantees involved
    with classified contracts, licenses, or grants, as determined by
    the Chairman.
      (b) Functions. (1) The Committee members shall advise the
    Chairman of the Committee on all matters concerning the policies of
    the National Industrial Security Program, including recommended
    changes to those policies as reflected in this order, its
    implementing directives, or the operating manual established under
    this order, and serve as a forum to discuss policy issues in
    dispute.
      (2) The Committee shall meet at the request of the Chairman, but
    at least twice during the calendar year.
      (c) Administration. (1) Members of the Committee shall serve
    without compensation for their work on the Committee. However,
    nongovernment members may be allowed travel expenses, including per
    diem in lieu of subsistence, as authorized by law for persons
    serving intermittently in the Government service (5 U.S.C. 5701-
    5707).
      (2) To the extent permitted by law and subject to the
    availability of funds, the Administrator of General Services shall
    provide the Committee with administrative services, facilities,
    staff, and other support services necessary for the performance of
    its functions.
      (d) General. Notwithstanding any other Executive order, the
    functions of the President under the Federal Advisory Committee
    Act, as amended [5 App. U.S.C.], except that of reporting to the
    Congress, which are applicable to the Committee, shall be performed
    by the Administrator of General Services in accordance with the
    guidelines and procedures established by the General Services
    Administration.

                            PART 2. OPERATIONS                        
      Sec. 201. National Industrial Security Program Operating Manual.
    (a) The Secretary of Defense, in consultation with all affected
    agencies and with the concurrence of the Secretary of Energy, the
    Nuclear Regulatory Commission, and the Director of Central
    Intelligence, shall issue and maintain a National Industrial
    Security Program Operating Manual ("Manual"). The Secretary of
    Energy and the Nuclear Regulatory Commission shall prescribe and
    issue that portion of the Manual that pertains to information
    classified under the Atomic Energy Act of 1954, as amended [42
    U.S.C. 2011 et seq.]. The Director of Central Intelligence shall
    prescribe and issue that portion of the Manual that pertains to
    intelligence sources and methods, including Sensitive Compartmented
    Information.
      (b) The Manual shall prescribe specific requirements,
    restrictions, and other safeguards that are necessary to preclude
    unauthorized disclosure and control authorized disclosure of
    classified information to contractors, licensees, or grantees. The
    Manual shall apply to the release of classified information during
    all phases of the contracting process including bidding,
    negotiation, award, performance, and termination of contracts, the
    licensing process, or the grant process, with or under the control
    of departments or agencies.
      (c) The Manual shall also prescribe requirements, restrictions,
    and other safeguards that are necessary to protect special classes
    of classified information, including Restricted Data, Formerly
    Restricted Data, intelligence sources and methods information,
    Sensitive Compartmented Information, and Special Access Program
    information.
      (d) In establishing particular requirements, restrictions, and
    other safeguards within the Manual, the Secretary of Defense, the
    Secretary of Energy, the Nuclear Regulatory Commission, and the
    Director of Central Intelligence shall take into account these
    factors: (i) the damage to the national security that reasonably
    could be expected to result from an unauthorized disclosure; (ii)
    the existing or anticipated threat to the disclosure of
    information; and (iii) the short- and long-term costs of the
    requirements, restrictions, and other safeguards.
      (e) To the extent that is practicable and reasonable, the
    requirements, restrictions, and safeguards that the Manual
    establishes for the protection of classified information by
    contractors, licensees, and grantees shall be consistent with the
    requirements, restrictions, and safeguards that directives
    implementing Executive Order No. 12356 of April 2, 1982 [formerly
    set out above], or the Atomic Energy Act of 1954, as amended,
    establish for the protection of classified information by agencies.
    Upon request by the Chairman of the Committee, the Secretary of
    Defense shall provide an explanation and justification for any
    requirement, restriction, or safeguard that results in a standard
    for the protection of classified information by contractors,
    licensees, and grantees that differs from the standard that applies
    to agencies.
      (f) The Manual shall be issued to correspond as closely as
    possible to pertinent decisions of the Secretary of Defense and the
    Director of Central Intelligence made pursuant to the
    recommendations of the Joint Security Review Commission and to
    revisions to the security classification system that result from
    Presidential Review Directive 29, but in any event no later than
    June 30, 1994.
      Sec. 202. Operational Oversight. (a) The Secretary of Defense
    shall serve as Executive Agent for inspecting and monitoring the
    contractors, licensees, and grantees who require or will require
    access to, or who store or will store classified information; and
    for determining the eligibility for access to classified
    information of contractors, licensees, and grantees and their
    respective employees. The heads of agencies shall enter into
    agreements with the Secretary of Defense that establish the terms
    of the Secretary's responsibilities on behalf of these agency
    heads.
      (b) The Director of Central Intelligence retains authority over
    access to intelligence sources and methods, including Sensitive
    Compartmented Information. The Director of Central Intelligence may
    inspect and monitcr [sic] contractor, licensee, and grantee
    programs and facilities that involve access to such information or
    may enter into written agreements with the Secretary of Defense, as
    Executive Agent, to inspect and monitor these programs or
    facilities, in whole or in part, on the Director's behalf.
      (c) The Secretary of Energy and the Nuclear Regulatory Commission
    retain authority over access to information under their respective
    programs classified under the Atomic Energy Act of 1954, as amended
    [42 U.S.C. 2011 et seq.]. The Secretary or the Commission may
    inspect and monitor contractor, licensee, and grantee programs and
    facilities that involve access to such information or may enter
    into written agreements with the Secretary of Defense, as Executive
    Agent, to inspect and monitor these programs or facilities, in
    whole or in part, on behalf of the Secretary or the Commission,
    respectively.
      (d) The Executive Agent shall have the authority to issue, after
    consultation with affected agencies, standard forms or other
    standardization that will promote the implementation of the
    National Industrial Security Program.
      Sec. 203. Implementation. (a) The head of each agency that enters
    into classified contracts, licenses, or grants shall designate a
    senior agency official to direct and administer the agency's
    implementation and compliance with the National Industrial Security
    Program.
      (b) Agency implementing regulations, internal rules, or
    guidelines shall be consistent with this order, its implementing
    directives, and the Manual. Agencies shall issue these regulations,
    rules, or guidelines no later than 180 days from the issuance of
    the Manual. They may incorporate all or portions of the Manual by
    reference.
      (c) Each agency head or the senior official designated under
    paragraph (a) above shall take appropriate and prompt corrective
    action whenever a violation of this order, its implementing
    directives, or the Manual occurs.
      (d) The senior agency official designated under paragraph (a)
    above shall account each year for the costs within the agency
    associated with the implementation of the National Industrial
    Security Program. These costs shall be reported to the Director of
    the Information Security Oversight Office, who shall include them
    in the reports to the President prescribed by this order.
      (e) The Secretary of Defense, with the concurrence of the
    Administrator of General Services, the Administrator of the
    National Aeronautics and Space Administration, and such other
    agency heads or officials who may be responsible, shall amend the
    Federal Acquisition Regulation to be consistent with the
    implementation of the National Industrial Security Program.
      (f) All contracts, licenses, or grants that involve access to
    classified information and that are advertised or proposed
    following the issuance of agency regulations, rules, or guidelines
    described in paragraph (b) above shall comply with the National
    Industrial Security Program. To the extent that is feasible,
    economical, and permitted by law, agencies shall amend, modify, or
    convert preexisting contracts, licenses, or grants, or previously
    advertised or proposed contracts, licenses, or grants, that involve
    access to classified information for operation under the National
    Industrial Security Program. Any direct inspection or monitoring of
    contractors, licensees, or grantees specified by this order shall
    be carried out pursuant to the terms of a contract, license, grant,
    or regulation.
      (g) Executive Order No. 10865 of February 20, 1960 [set out
    above], as amended by Executive Order No. 10909 of January 17,
    1961, and Executive Order No. 11382 of November 27, 1967, is hereby
    amended as follows:
      (1) Section 1(a) and (b) are revoked as of the effective date of
    this order.
      (2) Section 1(c) is renumbered as Section 1 and is amended to
    read as follows:
      "Section 1. When used in this order, the term 'head of a
    department' means the Secretary of State, the Secretary of Defense,
    the Secretary of Transportation, the Secretary of Energy, the
    Nuclear Regulatory Commission, the Administrator of the National
    Aeronautics and Space Administration, and, in section 4, the
    Attorney General. The term 'head of a department' also means the
    head of any department or agency, including but not limited to
    those referenced above with whom the Department of Defense makes an
    agreement to extend regulations prescribed by the Secretary of
    Defense concerning authorizations for access to classified
    information pursuant to Executive Order No. 12829."
      (3) Section 2 is amended by inserting the words "pursuant to
    Executive Order No. 12829" after the word "information."
      (4) Section 3 is amended by inserting the words "pursuant to
    Executive Order No. 12829" between the words "revoked" and "by" in
    the second clause of that section.
      (5) Section 6 is amended by striking out the words "The Secretary
    of State, the Secretary of Defense, the Administrator of the
    National Aeronautics and Space Administration, the Secretary of
    Transportation, or his representative, or the head of any other
    department or agency of the United States with which the Department
    of Defense makes an agreement under section (1)(b)," at the
    beginning of the first sentence, and inserting in their place "The
    head of a department of the United States . . . ."
      (6) Section 8 is amended by striking out paragraphs (1) through
    (7) and inserting in their place ". . . the deputy of that
    department, or the principal assistant to the head of that
    department, as the case may be."
      (h) All delegations, rules, regulations, orders, directives,
    agreements, contracts, licenses, and grants issued under
    preexisting authorities, including section 1(a) and (b) of
    Executive Order No. 10865 of February 20, 1960, as amended, by
    Executive Order No. 10909 of January 17, 1961, and Executive Order
    No. 11382 of November 27, 1967, shall remain in full force and
    effect until amended, modified, or terminated pursuant to authority
    of this order.
      (i) This order shall be effective immediately.


-EXEC-
      EX. ORD. NO. 12937. DECLASSIFICATION OF SELECTED RECORDS WITHIN
                    NATIONAL ARCHIVES OF UNITED STATES
      Ex. Ord. No. 12937, Nov. 10, 1994, 59 F.R. 59097, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, it is hereby ordered:
      Section 1. The records in the National Archives of the United
    States referenced in the list accompanying this order are hereby
    declassified.
      Sec. 2. The Archivist of the United States shall take such
    actions as are necessary to make such records available for public
    research no later than 30 days from the date of this Order, except
    to the extent that the head of an affected agency and the Archivist
    have determined that specific information within such records must
    be protected from disclosure pursuant to an authorized exemption to
    the Freedom of Information Act, 5 U.S.C. 552, other than the
    exemption that pertains to national security information.
      Sec. 3. Nothing contained in this order shall create any right or
    benefit, substantive or procedural, enforceable by any party
    against the United States, its agencies or instrumentalities, its
    officers or employees, or any other person.
                                                     William J. Clinton.

      Records in the following record groups ("RG") in the National
    Archives of the United States shall be declassified. Page numbers
    are approximate. A complete list of the selected records is
    available from the Archivist of the United States.


    I. All unreviewed World War II and earlier records, including:          
                                                                            
     A.             RG 18, Army Air Forces                 1,722,400 pp.
    B.              RG 65, Federal Bureau of                 362,500 pp.
                     Investigation                                      
    C.              RG 127, United States Marine             195,000 pp.
                     Corps                                              
    D.              RG 216, Office of Censorship             112,500 pp.
    E.              RG 226, Office of Strategic              415,000 pp.
                     Services                                           
    F.              RG 60, United States                   4,422,500 pp.
                     Occupation Headquarters                            
    G.              RG 331, Allied Operational and         3,097,500 pp.
                     Occupation Headquarters, World                     
                     War II (including 350 reels of                     
                     Allied Force Headquarters)                         
    H.              RG 332, United States Theaters         1,182,500 pp.
                     of War, World War II                               
    I.              RG 338, Mediterranean Theater          9,500,000 pp.
                     of Operations and European                         
                     Command                                            
                    Subtotal for World War II and       21.0 million pp.
                     earlier                                            
    II. Post-1945 Collections (Military and Civil)                          
     A.             RG 19, Bureau of Ships,                1,732,500 pp.
                     Pre-1950 General                                   
                     Correspondence (selected                           
                     records)                                           
    B.              RG 51, Bureau of the Budget,             142,500 pp.
                     52.12 Budget Preparation                           
                     Branch, 1952-69                                    
    C.              RG 72, Bureau of Aeronautics           5,655,000 pp.
                     (Navy) (selected records)                          
    D.              RG 166, Foreign Agricultural           1,272,500 pp.
                     Service, Narrative Reports,                        
                     1955-61                                            
    E.              RG 313, Naval Operating Forces           407,500 pp.
                     (selected records)                                 
    F.              RG 319, Office of the Chief of                      
                     Military History                                   
                    Manuscripts and Background               933,000 pp.
                     Papers (selected records)                          
    G.              RG 337, Headquarters, Army             1,269,700 pp.
                     Ground Forces (selected                            
                     records)                                           
    H.              RG 341, Headquarters, United           4,870,000 pp.
                     States Air Force (selected                         
                     records)                                           
    I.              RG 389, Office of the Provost            448,000 pp.
                     Marshal General (selected                          
                     records)                                           
    J.              RG 391, United States Army               240,000 pp.
                     Regular Army Mobil Units                           
    K.              RG 428, General Records of the            31,250 pp.
                     Department of the Navy                             
                     (selected records)                                 
    L.              RG 472, Army Vietnam                   5,864,000 pp.
                     Collection (selected records)                      
                    Subtotal for Other                  22.9 million pp.
                    TOTAL                               43.9 million pp.
    --------------------------------------------------------------------


      EX. ORD. NO. 12951. RELEASE OF IMAGERY ACQUIRED BY SPACE-BASED
               NATIONAL INTELLIGENCE RECONNAISSANCE SYSTEMS
      Ex. Ord. No. 12951, Feb. 22, 1995, 60 F.R. 10789, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America and in order to
    release certain scientifically or environmentally useful imagery
    acquired by space-based national intelligence reconnaissance
    systems, consistent with the national security, it is hereby
    ordered as follows:
      Section 1. Public Release of Historical Intelligence Imagery.
    Imagery acquired by the space-based national intelligence
    reconnaissance systems known as the Corona, Argon, and Lanyard
    missions shall, within 18 months of the date of this order, be
    declassified and transferred to the National Archives and Records
    Administration with a copy sent to the United States Geological
    Survey of the Department of the Interior consistent with procedures
    approved by the Director of Central Intelligence and the Archivist
    of the United States. Upon transfer, such imagery shall be deemed
    declassified and shall be made available to the public.
      Sec. 2. Review for Future Public Release of Intelligence Imagery.
    (a) All information that meets the criteria in section 2(b) of this
    order shall be kept secret in the interests of national defense and
    foreign policy until deemed otherwise by the Director of Central
    Intelligence. In consultation with the Secretaries of State and
    Defense, the Director of Central Intelligence shall establish a
    comprehensive program for the periodic review of imagery from
    systems other than the Corona, Argon, and Lanyard missions, with
    the objective of making available to the public as much imagery as
    possible consistent with the interests of national defense and
    foreign policy. For imagery from obsolete broad-area film-return
    systems other than Corona, Argon, and Lanyard missions, this review
    shall be completed within 5 years of the date of this order. Review
    of imagery from any other system that the Director of Central
    Intelligence deems to be obsolete shall be accomplished according
    to a timetable established by the Director of Central Intelligence.
    The Director of Central Intelligence shall report annually to the
    President on the implementation of this order.
      (b) The criteria referred to in section 2(a) of this order
    consist of the following: imagery acquired by a space-based
    national intelligence reconnaissance system other than the Corona,
    Argon, and Lanyard missions.
      Sec. 3. General Provisions. (a) This order prescribes a
    comprehensive and exclusive system for the public release of
    imagery acquired by space-based national intelligence
    reconnaissance systems. This order is the exclusive Executive order
    governing the public release of imagery for purposes of section
    552(b)(1) of the Freedom of Information Act [5 U.S.C. 552(b)(1)].
      (b) Nothing contained in this order shall create any right or
    benefit, substantive or procedural, enforceable by any party
    against the United States, its agencies or instrumentalities, its
    officers or employees, or any other person.
      Sec. 4. Definition. As used herein, "imagery" means the product
    acquired by space-based national intelligence reconnaissance
    systems that provides a likeness or representation of any natural
    or man-made feature or related objective or activities and
    satellite positional data acquired at the same time the likeness or
    representation was acquired.
                                                     William J. Clinton.

       EX. ORD. NO. 12958. CLASSIFIED NATIONAL SECURITY INFORMATION   
      Ex. Ord. No. 12958, Apr. 17, 1995, 60 F.R. 19825, as amended by
    Ex. Ord. No. 12972, Sept. 18, 1995, 60 F.R. 48863; Ex. Ord. No.
    13142, Nov. 19, 1999, 64 F.R. 66089; Ex. Ord. No. 13292, Mar. 25,
    2003, 68 F.R. 15315, provided:
      This order prescribes a uniform system for classifying,
    safeguarding, and declassifying national security information,
    including information relating to defense against transnational
    terrorism. Our democratic principles require that the American
    people be informed of the activities of their Government. Also, our
    Nation's progress depends on the free flow of information.
    Nevertheless, throughout our history, the national defense has
    required that certain information be maintained in confidence in
    order to protect our citizens, our democratic institutions, our
    homeland security, and our interactions with foreign nations.
    Protecting information critical to our Nation's security remains a
    priority.
      NOW, THEREFORE, by the authority vested in me as President by the
    Constitution and the laws of the United States of America, it is
    hereby ordered as follows:


-MISC3-
                     PART 1 - ORIGINAL CLASSIFICATION                 
      Sec. 1.1. Classification Standards. (a) Information may be
    originally classified under the terms of this order only if all of
    the following conditions are met:
      (1) an original classification authority is classifying the
    information;
      (2) the information is owned by, produced by or for, or is under
    the control of the United States Government;
      (3) the information falls within one or more of the categories of
    information listed in section 1.4 of this order; and
      (4) the original classification authority determines that the
    unauthorized disclosure of the information reasonably could be
    expected to result in damage to the national security, which
    includes defense against transnational terrorism, and the original
    classification authority is able to identify or describe the
    damage.
      (b) Classified information shall not be declassified
    automatically as a result of any unauthorized disclosure of
    identical or similar information.
      (c) The unauthorized disclosure of foreign government information
    is presumed to cause damage to the national security.
      Sec. 1.2. Classification Levels. (a) Information may be
    classified at one of the following three levels:
      (1) "Top Secret" shall be applied to information, the
    unauthorized disclosure of which reasonably could be expected to
    cause exceptionally grave damage to the national security that the
    original classification authority is able to identify or describe.
      (2) "Secret" shall be applied to information, the unauthorized
    disclosure of which reasonably could be expected to cause serious
    damage to the national security that the original classification
    authority is able to identify or describe.
      (3) "Confidential" shall be applied to information, the
    unauthorized disclosure of which reasonably could be expected to
    cause damage to the national security that the original
    classification authority is able to identify or describe.
      (b) Except as otherwise provided by statute, no other terms shall
    be used to identify United States classified information.
      Sec. 1.3. Classification Authority. (a) The authority to classify
    information originally may be exercised only by:
      (1) the President and, in the performance of executive duties,
    the Vice President;
      (2) agency heads and officials designated by the President in the
    Federal Register; and
      (3) United States Government officials delegated this authority
    pursuant to paragraph (c) of this section.
      (b) Officials authorized to classify information at a specified
    level are also authorized to classify information at a lower level.
      (c) Delegation of original classification authority.
      (1) Delegations of original classification authority shall be
    limited to the minimum required to administer this order. Agency
    heads are responsible for ensuring that designated subordinate
    officials have a demonstrable and continuing need to exercise this
    authority.
      (2) "Top Secret" original classification authority may be
    delegated only by the President; in the performance of executive
    duties, the Vice President; or an agency head or official
    designated pursuant to paragraph (a)(2) of this section.
      (3) "Secret" or "Confidential" original classification authority
    may be delegated only by the President; in the performance of
    executive duties, the Vice President; or an agency head or official
    designated pursuant to paragraph (a)(2) of this section; or the
    senior agency official described in section 5.4(d) of this order,
    provided that official has been delegated "Top Secret" original
    classification authority by the agency head.
      (4) Each delegation of original classification authority shall be
    in writing and the authority shall not be redelegated except as
    provided in this order. Each delegation shall identify the official
    by name or position title.
      (d) Original classification authorities must receive training in
    original classification as provided in this order and its
    implementing directives. Such training must include instruction on
    the proper safeguarding of classified information and of the
    criminal, civil, and administrative sanctions that may be brought
    against an individual who fails to protect classified information
    from unauthorized disclosure.
      (e) Exceptional cases. When an employee, government contractor,
    licensee, certificate holder, or grantee of an agency who does not
    have original classification authority originates information
    believed by that person to require classification, the information
    shall be protected in a manner consistent with this order and its
    implementing directives. The information shall be transmitted
    promptly as provided under this order or its implementing
    directives to the agency that has appropriate subject matter
    interest and classification authority with respect to this
    information. That agency shall decide within 30 days whether to
    classify this information. If it is not clear which agency has
    classification responsibility for this information, it shall be
    sent to the Director of the Information Security Oversight Office.
    The Director shall determine the agency having primary subject
    matter interest and forward the information, with appropriate
    recommendations, to that agency for a classification determination.
      Sec. 1.4. Classification Categories. Information shall not be
    considered for classification unless it concerns:
      (a) military plans, weapons systems, or operations;
      (b) foreign government information;
      (c) intelligence activities (including special activities),
    intelligence sources or methods, or cryptology;
      (d) foreign relations or foreign activities of the United States,
    including confidential sources;
      (e) scientific, technological, or economic matters relating to
    the national security, which includes defense against transnational
    terrorism;
      (f) United States Government programs for safeguarding nuclear
    materials or facilities;
      (g) vulnerabilities or capabilities of systems, installations,
    infrastructures, projects, plans, or protection services relating
    to the national security, which includes defense against
    transnational terrorism; or
      (h) weapons of mass destruction.
      Sec. 1.5. Duration of Classification. (a) At the time of original
    classification, the original classification authority shall attempt
    to establish a specific date or event for declassification based
    upon the duration of the national security sensitivity of the
    information. Upon reaching the date or event, the information shall
    be automatically declassified. The date or event shall not exceed
    the time frame established in paragraph (b) of this section.
      (b) If the original classification authority cannot determine an
    earlier specific date or event for declassification, information
    shall be marked for declassification 10 years from the date of the
    original decision, unless the original classification authority
    otherwise determines that the sensitivity of the information
    requires that it shall be marked for declassification for up to 25
    years from the date of the original decision. All information
    classified under this section shall be subject to section 3.3 of
    this order if it is contained in records of permanent historical
    value under title 44, United States Code.
      (c) An original classification authority may extend the duration
    of classification, change the level of classification, or
    reclassify specific information only when the standards and
    procedures for classifying information under this order are
    followed.
      (d) Information marked for an indefinite duration of
    classification under predecessor orders, for example, marked as
    "Originating Agency's Determination Required," or information
    classified under predecessor orders that contains no
    declassification instructions shall be declassified in accordance
    with part 3 of this order.
      Sec. 1.6. Identification and Markings. (a) At the time of
    original classification, the following shall appear on the face of
    each classified document, or shall be applied to other classified
    media in an appropriate manner:
      (1) one of the three classification levels defined in section 1.2
    of this order;
      (2) the identity, by name or personal identifier and position, of
    the original classification authority;
      (3) the agency and office of origin, if not otherwise evident;
      (4) declassification instructions, which shall indicate one of
    the following:
        (A) the date or event for declassification, as prescribed in
      section 1.5(a) or section 1.5(c);
        (B) the date that is 10 years from the date of original
      classification, as prescribed in section 1.5(b); or
        (C) the date that is up to 25 years from the date of original
      classification, as prescribed in section 1.5(b); and
      (5) a concise reason for classification that, at a minimum, cites
    the applicable classification categories in section 1.4 of this
    order.
      (b) Specific information described in paragraph (a) of this
    section may be excluded if it would reveal additional classified
    information.
      (c) With respect to each classified document, the agency
    originating the document shall, by marking or other means, indicate
    which portions are classified, with the applicable classification
    level, and which portions are unclassified. In accordance with
    standards prescribed in directives issued under this order, the
    Director of the Information Security Oversight Office may grant
    waivers of this requirement. The Director shall revoke any waiver
    upon a finding of abuse.
      (d) Markings implementing the provisions of this order, including
    abbreviations and requirements to safeguard classified working
    papers, shall conform to the standards prescribed in implementing
    directives issued pursuant to this order.
      (e) Foreign government information shall retain its original
    classification markings or shall be assigned a U.S. classification
    that provides a degree of protection at least equivalent to that
    required by the entity that furnished the information. Foreign
    government information retaining its original classification
    markings need not be assigned a U.S. classification marking
    provided that the responsible agency determines that the foreign
    government markings are adequate to meet the purposes served by
    U.S. classification markings.
      (f) Information assigned a level of classification under this or
    predecessor orders shall be considered as classified at that level
    of classification despite the omission of other required markings.
    Whenever such information is used in the derivative classification
    process or is reviewed for possible declassification, holders of
    such information shall coordinate with an appropriate
    classification authority for the application of omitted markings.
      (g) The classification authority shall, whenever practicable, use
    a classified addendum whenever classified information constitutes a
    small portion of an otherwise unclassified document.
      (h) Prior to public release, all declassified records shall be
    appropriately marked to reflect their declassification.
      Sec. 1.7. Classification Prohibitions and Limitations.
      (a) In no case shall information be classified in order to:
      (1) conceal violations of law, inefficiency, or administrative
    error;
      (2) prevent embarrassment to a person, organization, or agency;
      (3) restrain competition; or
      (4) prevent or delay the release of information that does not
    require protection in the interest of the national security.
      (b) Basic scientific research information not clearly related to
    the national security shall not be classified.
      (c) Information may be reclassified after declassification and
    release to the public under proper authority only in accordance
    with the following conditions:
      (1) the reclassification action is taken under the personal
    authority of the agency head or deputy agency head, who determines
    in writing that the reclassification of the information is
    necessary in the interest of the national security;
      (2) the information may be reasonably recovered; and
      (3) the reclassification action is reported promptly to the
    Director of the Information Security Oversight Office.
      (d) Information that has not previously been disclosed to the
    public under proper authority may be classified or reclassified
    after an agency has received a request for it under the Freedom of
    Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C.
    552a), or the mandatory review provisions of section 3.5 of this
    order only if such classification meets the requirements of this
    order and is accomplished on a document-by-document basis with the
    personal participation or under the direction of the agency head,
    the deputy agency head, or the senior agency official designated
    under section 5.4 of this order.
      (e) Compilations of items of information that are individually
    unclassified may be classified if the compiled information reveals
    an additional association or relationship that: (1) meets the
    standards for classification under this order; and (2) is not
    otherwise revealed in the individual items of information. As used
    in this order, "compilation" means an aggregation of pre-existing
    unclassified items of information.
      Sec. 1.8. Classification Challenges. (a) Authorized holders of
    information who, in good faith, believe that its classification
    status is improper are encouraged and expected to challenge the
    classification status of the information in accordance with agency
    procedures established under paragraph (b) of this section.
      (b) In accordance with implementing directives issued pursuant to
    this order, an agency head or senior agency official shall
    establish procedures under which authorized holders of information
    are encouraged and expected to challenge the classification of
    information that they believe is improperly classified or
    unclassified. These procedures shall ensure that:
      (1) individuals are not subject to retribution for bringing such
    actions;
      (2) an opportunity is provided for review by an impartial
    official or panel; and
      (3) individuals are advised of their right to appeal agency
    decisions to the Interagency Security Classification Appeals Panel
    (Panel) established by section 5.3 of this order.

                    PART 2 - DERIVATIVE CLASSIFICATION                
      Sec. 2.1. Use of Derivative Classification. (a) Persons who only
    reproduce, extract, or summarize classified information, or who
    only apply classification markings derived from source material or
    as directed by a classification guide, need not possess original
    classification authority.
      (b) Persons who apply derivative classification markings shall:
      (1) observe and respect original classification decisions; and
      (2) carry forward to any newly created documents the pertinent
    classification markings. For information derivatively classified
    based on multiple sources, the derivative classifier shall carry
    forward:
        (A) the date or event for declassification that corresponds to
      the longest period of classification among the sources; and
        (B) a listing of these sources on or attached to the official
      file or record copy.
      Sec. 2.2. Classification Guides. (a) Agencies with original
    classification authority shall prepare classification guides to
    facilitate the proper and uniform derivative classification of
    information. These guides shall conform to standards contained in
    directives issued under this order.
      (b) Each guide shall be approved personally and in writing by an
    official who:
      (1) has program or supervisory responsibility over the
    information or is the senior agency official; and
      (2) is authorized to classify information originally at the
    highest level of classification prescribed in the guide.
      (c) Agencies shall establish procedures to ensure that
    classification guides are reviewed and updated as provided in
    directives issued under this order.

                 PART 3 - DECLASSIFICATION AND DOWNGRADING             
      Sec. 3.1. Authority for Declassification. (a) Information shall
    be declassified as soon as it no longer meets the standards for
    classification under this order.
      (b) It is presumed that information that continues to meet the
    classification requirements under this order requires continued
    protection. In some exceptional cases, however, the need to protect
    such information may be outweighed by the public interest in
    disclosure of the information, and in these cases the information
    should be declassified. When such questions arise, they shall be
    referred to the agency head or the senior agency official. That
    official will determine, as an exercise of discretion, whether the
    public interest in disclosure outweighs the damage to the national
    security that might reasonably be expected from disclosure. This
    provision does not:
      (1) amplify or modify the substantive criteria or procedures for
    classification; or
      (2) create any substantive or procedural rights subject to
    judicial review.
      (c) If the Director of the Information Security Oversight Office
    determines that information is classified in violation of this
    order, the Director may require the information to be declassified
    by the agency that originated the classification. Any such decision
    by the Director may be appealed to the President through the
    Assistant to the President for National Security Affairs. The
    information shall remain classified pending a prompt decision on
    the appeal.
      (d) The provisions of this section shall also apply to agencies
    that, under the terms of this order, do not have original
    classification authority, but had such authority under predecessor
    orders.
      Sec. 3.2. Transferred Records. (a) In the case of classified
    records transferred in conjunction with a transfer of functions,
    and not merely for storage purposes, the receiving agency shall be
    deemed to be the originating agency for purposes of this order.
      (b) In the case of classified records that are not officially
    transferred as described in paragraph (a) of this section, but that
    originated in an agency that has ceased to exist and for which
    there is no successor agency, each agency in possession of such
    records shall be deemed to be the originating agency for purposes
    of this order. Such records may be declassified or downgraded by
    the agency in possession after consultation with any other agency
    that has an interest in the subject matter of the records.
      (c) Classified records accessioned into the National Archives and
    Records Administration (National Archives) as of the effective date
    of this order shall be declassified or downgraded by the Archivist
    of the United States (Archivist) in accordance with this order, the
    directives issued pursuant to this order, agency declassification
    guides, and any existing procedural agreement between the Archivist
    and the relevant agency head.
      (d) The originating agency shall take all reasonable steps to
    declassify classified information contained in records determined
    to have permanent historical value before they are accessioned into
    the National Archives. However, the Archivist may require that
    classified records be accessioned into the National Archives when
    necessary to comply with the provisions of the Federal Records Act
    [see References in Text note set out under section 3603 of Title
    44, Public Printing and Documents]. This provision does not apply
    to records being transferred to the Archivist pursuant to section
    2203 of title 44, United States Code, or records for which the
    National Archives serves as the custodian of the records of an
    agency or organization that has gone out of existence.
      (e) To the extent practicable, agencies shall adopt a system of
    records management that will facilitate the public release of
    documents at the time such documents are declassified pursuant to
    the provisions for automatic declassification in section 3.3 of
    this order.
      Sec. 3.3. Automatic Declassification. (a) Subject to paragraphs
    (b)-(e) of this section, on December 31, 2006, all classified
    records that (1) are more than 25 years old and (2) have been
    determined to have permanent historical value under title 44,
    United States Code, shall be automatically declassified whether or
    not the records have been reviewed. Subsequently, all classified
    records shall be automatically declassified on December 31 of the
    year that is 25 years from the date of its original classification,
    except as provided in paragraphs (b)-(e) of this section.
      (b) An agency head may exempt from automatic declassification
    under paragraph (a) of this section specific information, the
    release of which could be expected to:
      (1) reveal the identity of a confidential human source, or a
    human intelligence source, or reveal information about the
    application of an intelligence source or method;
      (2) reveal information that would assist in the development or
    use of weapons of mass destruction;
      (3) reveal information that would impair U.S. cryptologic systems
    or activities;
      (4) reveal information that would impair the application of state
    of the art technology within a U.S. weapon system;
      (5) reveal actual U.S. military war plans that remain in effect;
      (6) reveal information, including foreign government information,
    that would seriously and demonstrably impair relations between the
    United States and a foreign government, or seriously and
    demonstrably undermine ongoing diplomatic activities of the United
    States;
      (7) reveal information that would clearly and demonstrably impair
    the current ability of United States Government officials to
    protect the President, Vice President, and other protectees for
    whom protection services, in the interest of the national security,
    are authorized;
      (8) reveal information that would seriously and demonstrably
    impair current national security emergency preparedness plans or
    reveal current vulnerabilities of systems, installations,
    infrastructures, or projects relating to the national security; or
      (9) violate a statute, treaty, or international agreement.
      (c) An agency head shall notify the President through the
    Assistant to the President for National Security Affairs of any
    specific file series of records for which a review or assessment
    has determined that the information within that file series almost
    invariably falls within one or more of the exemption categories
    listed in paragraph (b) of this section and which the agency
    proposes to exempt from automatic declassification. The
    notification shall include:
      (1) a description of the file series;
      (2) an explanation of why the information within the file series
    is almost invariably exempt from automatic declassification and why
    the information must remain classified for a longer period of time;
    and
      (3) except for the identity of a confidential human source or a
    human intelligence source, as provided in paragraph (b) of this
    section, a specific date or event for declassification of the
    information. The President may direct the agency head not to exempt
    the file series or to declassify the information within that series
    at an earlier date than recommended. File series exemptions
    previously approved by the President shall remain valid without any
    additional agency action.
      (d) At least 180 days before information is automatically
    declassified under this section, an agency head or senior agency
    official shall notify the Director of the Information Security
    Oversight Office, serving as Executive Secretary of the Panel, of
    any specific information beyond that included in a notification to
    the President under paragraph (c) of this section that the agency
    proposes to exempt from automatic declassification. The
    notification shall include:
      (1) a description of the information, either by reference to
    information in specific records or in the form of a
    declassification guide;
      (2) an explanation of why the information is exempt from
    automatic declassification and must remain classified for a longer
    period of time; and
      (3) except for the identity of a confidential human source or a
    human intelligence source, as provided in paragraph (b) of this
    section, a specific date or event for declassification of the
    information. The Panel may direct the agency not to exempt the
    information or to declassify it at an earlier date than
    recommended. The agency head may appeal such a decision to the
    President through the Assistant to the President for National
    Security Affairs. The information will remain classified while such
    an appeal is pending.
      (e) The following provisions shall apply to the onset of
    automatic declassification:
      (1) Classified records within an integral file block, as defined
    in this order, that are otherwise subject to automatic
    declassification under this section shall not be automatically
    declassified until December 31 of the year that is 25 years from
    the date of the most recent record within the file block.
      (2) By notification to the Director of the Information Security
    Oversight Office, before the records are subject to automatic
    declassification, an agency head or senior agency official
    designated under section 5.4 of this order may delay automatic
    declassification for up to 5 additional years for classified
    information contained in microforms, motion pictures, audiotapes,
    videotapes, or comparable media that make a review for possible
    declassification exemptions more difficult or costly.
      (3) By notification to the Director of the Information Security
    Oversight Office, before the records are subject to automatic
    declassification, an agency head or senior agency official
    designated under section 5.4 of this order may delay automatic
    declassification for up to 3 years for classified records that have
    been referred or transferred to that agency by another agency less
    than 3 years before automatic declassification would otherwise be
    required.
      (4) By notification to the Director of the Information Security
    Oversight Office, an agency head or senior agency official
    designated under section 5.4 of this order may delay automatic
    declassification for up to 3 years from the date of discovery of
    classified records that were inadvertently not reviewed prior to
    the effective date of automatic declassification.
      (f) Information exempted from automatic declassification under
    this section shall remain subject to the mandatory and systematic
    declassification review provisions of this order.
      (g) The Secretary of State shall determine when the United States
    should commence negotiations with the appropriate officials of a
    foreign government or international organization of governments to
    modify any treaty or international agreement that requires the
    classification of information contained in records affected by this
    section for a period longer than 25 years from the date of its
    creation, unless the treaty or international agreement pertains to
    information that may otherwise remain classified beyond 25 years
    under this section.
      (h) Records containing information that originated with other
    agencies or the disclosure of which would affect the interests or
    activities of other agencies shall be referred for review to those
    agencies and the information of concern shall be subject to
    automatic declassification only by those agencies, consistent with
    the provisions of subparagraphs (e)(3) and (e)(4) of this section.
      Sec. 3.4. Systematic Declassification Review. (a) Each agency
    that has originated classified information under this order or its
    predecessors shall establish and conduct a program for systematic
    declassification review. This program shall apply to records of
    permanent historical value exempted from automatic declassification
    under section 3.3 of this order. Agencies shall prioritize the
    systematic review of records based upon the degree of researcher
    interest and the likelihood of declassification upon review.
      (b) The Archivist shall conduct a systematic declassification
    review program for classified records: (1) accessioned into the
    National Archives as of the effective date of this order; (2)
    transferred to the Archivist pursuant to section 2203 of title 44,
    United States Code; and (3) for which the National Archives serves
    as the custodian for an agency or organization that has gone out of
    existence. This program shall apply to pertinent records no later
    than 25 years from the date of their creation. The Archivist shall
    establish priorities for the systematic review of these records
    based upon the degree of researcher interest and the likelihood of
    declassification upon review. These records shall be reviewed in
    accordance with the standards of this order, its implementing
    directives, and declassification guides provided to the Archivist
    by each agency that originated the records. The Director of the
    Information Security Oversight Office shall ensure that agencies
    provide the Archivist with adequate and current declassification
    guides.
      (c) After consultation with affected agencies, the Secretary of
    Defense may establish special procedures for systematic review for
    declassification of classified cryptologic information, and the
    Director of Central Intelligence may establish special procedures
    for systematic review for declassification of classified
    information pertaining to intelligence activities (including
    special activities), or intelligence sources or methods.
      Sec. 3.5. Mandatory Declassification Review. (a) Except as
    provided in paragraph (b) of this section, all information
    classified under this order or predecessor orders shall be subject
    to a review for declassification by the originating agency if:
      (1) the request for a review describes the document or material
    containing the information with sufficient specificity to enable
    the agency to locate it with a reasonable amount of effort;
      (2) the information is not exempted from search and review under
    sections 105C [now 702], 105D [now 703], or 701 of the National
    Security Act of 1947 (50 U.S.C. 403-5c [now 432], 403-5e [now
    432a], and 431); and
      (3) the information has not been reviewed for declassification
    within the past 2 years. If the agency has reviewed the information
    within the past 2 years, or the information is the subject of
    pending litigation, the agency shall inform the requester of this
    fact and of the requester's appeal rights.
      (b) Information originated by:
      (1) the incumbent President or, in the performance of executive
    duties, the incumbent Vice President;
      (2) the incumbent President's White House Staff or, in the
    performance of executive duties, the incumbent Vice President's
    Staff;
      (3) committees, commissions, or boards appointed by the incumbent
    President; or
      (4) other entities within the Executive Office of the President
    that solely advise and assist the incumbent President is exempted
    from the provisions of paragraph (a) of this section. However, the
    Archivist shall have the authority to review, downgrade, and
    declassify papers or records of former Presidents under the control
    of the Archivist pursuant to sections 2107, 2111, 2111 note, or
    2203 of title 44, United States Code. Review procedures developed
    by the Archivist shall provide for consultation with agencies
    having primary subject matter interest and shall be consistent with
    the provisions of applicable laws or lawful agreements that pertain
    to the respective Presidential papers or records. Agencies with
    primary subject matter interest shall be notified promptly of the
    Archivist's decision. Any final decision by the Archivist may be
    appealed by the requester or an agency to the Panel. The
    information shall remain classified pending a prompt decision on
    the appeal.
      (c) Agencies conducting a mandatory review for declassification
    shall declassify information that no longer meets the standards for
    classification under this order. They shall release this
    information unless withholding is otherwise authorized and
    warranted under applicable law.
      (d) In accordance with directives issued pursuant to this order,
    agency heads shall develop procedures to process requests for the
    mandatory review of classified information. These procedures shall
    apply to information classified under this or predecessor orders.
    They also shall provide a means for administratively appealing a
    denial of a mandatory review request, and for notifying the
    requester of the right to appeal a final agency decision to the
    Panel.
      (e) After consultation with affected agencies, the Secretary of
    Defense shall develop special procedures for the review of
    cryptologic information; the Director of Central Intelligence shall
    develop special procedures for the review of information pertaining
    to intelligence activities (including special activities), or
    intelligence sources or methods; and the Archivist shall develop
    special procedures for the review of information accessioned into
    the National Archives.
      Sec. 3.6. Processing Requests and Reviews. In response to a
    request for information under the Freedom of Information Act [5
    U.S.C. 552], the Privacy Act of 1974 [5 U.S.C. 552a], or the
    mandatory review provisions of this order, or pursuant to the
    automatic declassification or systematic review provisions of this
    order:
      (a) An agency may refuse to confirm or deny the existence or
    nonexistence of requested records whenever the fact of their
    existence or nonexistence is itself classified under this order or
    its predecessors.
      (b) When an agency receives any request for documents in its
    custody that contain information that was originally classified by
    another agency, or comes across such documents in the process of
    the automatic declassification or systematic review provisions of
    this order, it shall refer copies of any request and the pertinent
    documents to the originating agency for processing, and may, after
    consultation with the originating agency, inform any requester of
    the referral unless such association is itself classified under
    this order or its predecessors. In cases in which the originating
    agency determines in writing that a response under paragraph (a) of
    this section is required, the referring agency shall respond to the
    requester in accordance with that paragraph.
      Sec. 3.7. Declassification Database. (a) The Director of the
    Information Security Oversight Office, in conjunction with those
    agencies that originate classified information, shall coordinate
    the linkage and effective utilization of existing agency databases
    of records that have been declassified and publicly released.
      (b) Agency heads shall fully cooperate with the Director of the
    Information Security Oversight Office in these efforts.

                           PART 4 - SAFEGUARDING                       
      Sec. 4.1. General Restrictions on Access. (a) A person may have
    access to classified information provided that:
      (1) a favorable determination of eligibility for access has been
    made by an agency head or the agency head's designee;
      (2) the person has signed an approved nondisclosure agreement;
    and
      (3) the person has a need-to-know the information.
      (b) Every person who has met the standards for access to
    classified information in paragraph (a) of this section shall
    receive contemporaneous training on the proper safeguarding of
    classified information and on the criminal, civil, and
    administrative sanctions that may be imposed on an individual who
    fails to protect classified information from unauthorized
    disclosure.
      (c) Classified information shall remain under the control of the
    originating agency or its successor in function. An agency shall
    not disclose information originally classified by another agency
    without its authorization. An official or employee leaving agency
    service may not remove classified information from the agency's
    control.
      (d) Classified information may not be removed from official
    premises without proper authorization.
      (e) Persons authorized to disseminate classified information
    outside the executive branch shall ensure the protection of the
    information in a manner equivalent to that provided within the
    executive branch.
      (f) Consistent with law, directives, and regulation, an agency
    head or senior agency official shall establish uniform procedures
    to ensure that automated information systems, including networks
    and telecommunications systems, that collect, create, communicate,
    compute, disseminate, process, or store classified information have
    controls that:
      (1) prevent access by unauthorized persons; and
      (2) ensure the integrity of the information.
      (g) Consistent with law, directives, and regulation, each agency
    head or senior agency official shall establish controls to ensure
    that classified information is used, processed, stored, reproduced,
    transmitted, and destroyed under conditions that provide adequate
    protection and prevent access by unauthorized persons.
      (h) Consistent with directives issued pursuant to this order, an
    agency shall safeguard foreign government information under
    standards that provide a degree of protection at least equivalent
    to that required by the government or international organization of
    governments that furnished the information. When adequate to
    achieve equivalency, these standards may be less restrictive than
    the safeguarding standards that ordinarily apply to United States
    "Confidential" information, including modified handling and
    transmission and allowing access to individuals with a need-to-know
    who have not otherwise been cleared for access to classified
    information or executed an approved nondisclosure agreement.
      (i) Except as otherwise provided by statute, this order,
    directives implementing this order, or by direction of the
    President, classified information originating in one agency shall
    not be disseminated outside any other agency to which it has been
    made available without the consent of the originating agency. An
    agency head or senior agency official may waive this requirement
    for specific information originated within that agency. For
    purposes of this section, the Department of Defense shall be
    considered one agency. Prior consent is not required when referring
    records for declassification review that contain information
    originating in several agencies.
      Sec. 4.2. Distribution Controls. (a) Each agency shall establish
    controls over the distribution of classified information to ensure
    that it is distributed only to organizations or individuals
    eligible for access and with a need-to-know the information.
      (b) In an emergency, when necessary to respond to an imminent
    threat to life or in defense of the homeland, the agency head or
    any designee may authorize the disclosure of classified information
    to an individual or individuals who are otherwise not eligible for
    access. Such actions shall be taken only in accordance with the
    directives implementing this order and any procedures issued by
    agencies governing the classified information, which shall be
    designed to minimize the classified information that is disclosed
    under these circumstances and the number of individuals who receive
    it. Information disclosed under this provision or implementing
    directives and procedures shall not be deemed declassified as a
    result of such disclosure or subsequent use by a recipient. Such
    disclosures shall be reported promptly to the originator of the
    classified information. For purposes of this section, the Director
    of Central Intelligence may issue an implementing directive
    governing the emergency disclosure of classified intelligence
    information.
      (c) Each agency shall update, at least annually, the automatic,
    routine, or recurring distribution of classified information that
    they distribute. Recipients shall cooperate fully with distributors
    who are updating distribution lists and shall notify distributors
    whenever a relevant change in status occurs.
      Sec. 4.3. Special Access Programs. (a) Establishment of special
    access programs. Unless otherwise authorized by the President, only
    the Secretaries of State, Defense, and Energy, and the Director of
    Central Intelligence, or the principal deputy of each, may create a
    special access program. For special access programs pertaining to
    intelligence activities (including special activities, but not
    including military operational, strategic, and tactical programs),
    or intelligence sources or methods, this function shall be
    exercised by the Director of Central Intelligence. These officials
    shall keep the number of these programs at an absolute minimum, and
    shall establish them only when the program is required by statute
    or upon a specific finding that:
      (1) the vulnerability of, or threat to, specific information is
    exceptional; and
      (2) the normal criteria for determining eligibility for access
    applicable to information classified at the same level are not
    deemed sufficient to protect the information from unauthorized
    disclosure.
      (b) Requirements and limitations. (1) Special access programs
    shall be limited to programs in which the number of persons who
    will have access ordinarily will be reasonably small and
    commensurate with the objective of providing enhanced protection
    for the information involved.
      (2) Each agency head shall establish and maintain a system of
    accounting for special access programs consistent with directives
    issued pursuant to this order.
      (3) Special access programs shall be subject to the oversight
    program established under section 5.4(d) of this order. In
    addition, the Director of the Information Security Oversight Office
    shall be afforded access to these programs, in accordance with the
    security requirements of each program, in order to perform the
    functions assigned to the Information Security Oversight Office
    under this order. An agency head may limit access to a special
    access program to the Director and no more than one other employee
    of the Information Security Oversight Office, or, for special
    access programs that are extraordinarily sensitive and vulnerable,
    to the Director only.
      (4) The agency head or principal deputy shall review annually
    each special access program to determine whether it continues to
    meet the requirements of this order.
      (5) Upon request, an agency head shall brief the Assistant to the
    President for National Security Affairs, or a designee, on any or
    all of the agency's special access programs.
      (c) Nothing in this order shall supersede any requirement made by
    or under 10 U.S.C. 119.
      Sec. 4.4. Access by Historical Researchers and Certain Former
    Government Personnel. (a) The requirement in section 4.1(a)(3) of
    this order that access to classified information may be granted
    only to individuals who have a need-to-know the information may be
    waived for persons who:
      (1) are engaged in historical research projects;
      (2) previously have occupied policy-making positions to which
    they were appointed by the President under section 105(a)(2)(A) of
    title 3, United States Code, or the Vice President under
    106(a)(1)(A) of title 3, United States Code; or
      (3) served as President or Vice President.
      (b) Waivers under this section may be granted only if the agency
    head or senior agency official of the originating agency:
      (1) determines in writing that access is consistent with the
    interest of the national security;
      (2) takes appropriate steps to protect classified information
    from unauthorized disclosure or compromise, and ensures that the
    information is safeguarded in a manner consistent with this order;
    and
      (3) limits the access granted to former Presidential appointees
    and Vice Presidential appointees to items that the person
    originated, reviewed, signed, or received while serving as a
    Presidential appointee or a Vice Presidential appointee.

                    PART 5 - IMPLEMENTATION AND REVIEW                
      Sec. 5.1. Program Direction. (a) The Director of the Information
    Security Oversight Office, under the direction of the Archivist and
    in consultation with the Assistant to the President for National
    Security Affairs, shall issue such directives as are necessary to
    implement this order. These directives shall be binding upon the
    agencies. Directives issued by the Director of the Information
    Security Oversight Office shall establish standards for:
      (1) classification and marking principles;
      (2) safeguarding classified information, which shall pertain to
    the handling, storage, distribution, transmittal, and destruction
    of and accounting for classified information;
      (3) agency security education and training programs;
      (4) agency self-inspection programs; and
      (5) classification and declassification guides.
      (b) The Archivist shall delegate the implementation and
    monitoring functions of this program to the Director of the
    Information Security Oversight Office.
      Sec. 5.2. Information Security Oversight Office. (a) There is
    established within the National Archives an Information Security
    Oversight Office. The Archivist shall appoint the Director of the
    Information Security Oversight Office, subject to the approval of
    the President.
      (b) Under the direction of the Archivist, acting in consultation
    with the Assistant to the President for National Security Affairs,
    the Director of the Information Security Oversight Office shall:
      (1) develop directives for the implementation of this order;
      (2) oversee agency actions to ensure compliance with this order
    and its implementing directives;
      (3) review and approve agency implementing regulations and agency
    guides for systematic declassification review prior to their
    issuance by the agency;
      (4) have the authority to conduct on-site reviews of each
    agency's program established under this order, and to require of
    each agency those reports, information, and other cooperation that
    may be necessary to fulfill its responsibilities. If granting
    access to specific categories of classified information would pose
    an exceptional national security risk, the affected agency head or
    the senior agency official shall submit a written justification
    recommending the denial of access to the President through the
    Assistant to the President for National Security Affairs within 60
    days of the request for access. Access shall be denied pending the
    response;
      (5) review requests for original classification authority from
    agencies or officials not granted original classification authority
    and, if deemed appropriate, recommend Presidential approval through
    the Assistant to the President for National Security Affairs;
      (6) consider and take action on complaints and suggestions from
    persons within or outside the Government with respect to the
    administration of the program established under this order;
      (7) have the authority to prescribe, after consultation with
    affected agencies, standardization of forms or procedures that will
    promote the implementation of the program established under this
    order;
      (8) report at least annually to the President on the
    implementation of this order; and
      (9) convene and chair interagency meetings to discuss matters
    pertaining to the program established by this order.
      Sec. 5.3. Interagency Security Classification Appeals Panel.
      (a) Establishment and administration.
      (1) There is established an Interagency Security Classification
    Appeals Panel. The Departments of State, Defense, and Justice, the
    Central Intelligence Agency, the National Archives, and the
    Assistant to the President for National Security Affairs shall each
    be represented by a senior-level representative who is a full-time
    or permanent part-time Federal officer or employee designated to
    serve as a member of the Panel by the respective agency head. The
    President shall select the Chair of the Panel from among the Panel
    members.
      (2) A vacancy on the Panel shall be filled as quickly as possible
    as provided in paragraph (a)(1) of this section.
      (3) The Director of the Information Security Oversight Office
    shall serve as the Executive Secretary. The staff of the
    Information Security Oversight Office shall provide program and
    administrative support for the Panel.
      (4) The members and staff of the Panel shall be required to meet
    eligibility for access standards in order to fulfill the Panel's
    functions.
      (5) The Panel shall meet at the call of the Chair. The Chair
    shall schedule meetings as may be necessary for the Panel to
    fulfill its functions in a timely manner.
      (6) The Information Security Oversight Office shall include in
    its reports to the President a summary of the Panel's activities.
      (b) Functions. The Panel shall:
      (1) decide on appeals by persons who have filed classification
    challenges under section 1.8 of this order;
      (2) approve, deny, or amend agency exemptions from automatic
    declassification as provided in section 3.3 of this order; and
      (3) decide on appeals by persons or entities who have filed
    requests for mandatory declassification review under section 3.5 of
    this order.
      (c) Rules and procedures. The Panel shall issue bylaws, which
    shall be published in the Federal Register. The bylaws shall
    establish the rules and procedures that the Panel will follow in
    accepting, considering, and issuing decisions on appeals. The rules
    and procedures of the Panel shall provide that the Panel will
    consider appeals only on actions in which:
        (1) the appellant has exhausted his or her administrative
      remedies within the responsible agency;
        (2) there is no current action pending on the issue within the
      Federal courts; and
        (3) the information has not been the subject of review by the
      Federal courts or the Panel within the past 2 years.
      (d) Agency heads shall cooperate fully with the Panel so that it
    can fulfill its functions in a timely and fully informed manner. An
    agency head may appeal a decision of the Panel to the President
    through the Assistant to the President for National Security
    Affairs. The Panel shall report to the President through the
    Assistant to the President for National Security Affairs any
    instance in which it believes that an agency head is not
    cooperating fully with the Panel.
      (e) The Panel is established for the sole purpose of advising and
    assisting the President in the discharge of his constitutional and
    discretionary authority to protect the national security of the
    United States. Panel decisions are committed to the discretion of
    the Panel, unless changed by the President.
      (f) Notwithstanding paragraphs (a) through (e) of this section,
    whenever the Panel reaches a conclusion that information owned or
    controlled by the Director of Central Intelligence (Director)
    should be declassified, and the Director notifies the Panel that he
    objects to its conclusion because he has determined that the
    information could reasonably be expected to cause damage to the
    national security and to reveal (1) the identity of a human
    intelligence source, or (2) information about the application of an
    intelligence source or method (including any information that
    concerns, or is provided as a result of, a relationship with a
    cooperating intelligence element of a foreign government), the
    information shall remain classified unless the Director's
    determination is appealed to the President, and the President
    reverses the determination.
      Sec. 5.4. General Responsibilities. Heads of agencies that
    originate or handle classified information shall:
      (a) demonstrate personal commitment and commit senior management
    to the successful implementation of the program established under
    this order;
      (b) commit necessary resources to the effective implementation of
    the program established under this order;
      (c) ensure that agency records systems are designed and
    maintained to optimize the safeguarding of classified information,
    and to facilitate its declassification under the terms of this
    order when it no longer meets the standards for continued
    classification; and
      (d) designate a senior agency official to direct and administer
    the program, whose responsibilities shall include:
      (1) overseeing the agency's program established under this order,
    provided, an agency head may designate a separate official to
    oversee special access programs authorized under this order. This
    official shall provide a full accounting of the agency's special
    access programs at least annually;
      (2) promulgating implementing regulations, which shall be
    published in the Federal Register to the extent that they affect
    members of the public;
      (3) establishing and maintaining security education and training
    programs;
      (4) establishing and maintaining an ongoing self-inspection
    program, which shall include the periodic review and assessment of
    the agency's classified product;
      (5) establishing procedures to prevent unnecessary access to
    classified information, including procedures that:
        (A) require that a need for access to classified information is
      established before initiating administrative clearance
      procedures; and
        (B) ensure that the number of persons granted access to
      classified information is limited to the minimum consistent with
      operational and security requirements and needs;
      (6) developing special contingency plans for the safeguarding of
    classified information used in or near hostile or potentially
    hostile areas;
      (7) ensuring that the performance contract or other system used
    to rate civilian or military personnel performance includes the
    management of classified information as a critical element or item
    to be evaluated in the rating of:
        (A) original classification authorities;
        (B) security managers or security specialists; and
        (C) all other personnel whose duties significantly involve the
      creation or handling of classified information;
      (8) accounting for the costs associated with the implementation
    of this order, which shall be reported to the Director of the
    Information Security Oversight Office for publication; and
      (9) assigning in a prompt manner agency personnel to respond to
    any request, appeal, challenge, complaint, or suggestion arising
    out of this order that pertains to classified information that
    originated in a component of the agency that no longer exists and
    for which there is no clear successor in function.
      Sec. 5.5. Sanctions. (a) If the Director of the Information
    Security Oversight Office finds that a violation of this order or
    its implementing directives has occurred, the Director shall make a
    report to the head of the agency or to the senior agency official
    so that corrective steps, if appropriate, may be taken.
      (b) Officers and employees of the United States Government, and
    its contractors, licensees, certificate holders, and grantees shall
    be subject to appropriate sanctions if they knowingly, willfully,
    or negligently:
      (1) disclose to unauthorized persons information properly
    classified under this order or predecessor orders;
      (2) classify or continue the classification of information in
    violation of this order or any implementing directive;
      (3) create or continue a special access program contrary to the
    requirements of this order; or
      (4) contravene any other provision of this order or its
    implementing directives.
      (c) Sanctions may include reprimand, suspension without pay,
    removal, termination of classification authority, loss or denial of
    access to classified information, or other sanctions in accordance
    with applicable law and agency regulation.
      (d) The agency head, senior agency official, or other supervisory
    official shall, at a minimum, promptly remove the classification
    authority of any individual who demonstrates reckless disregard or
    a pattern of error in applying the classification standards of this
    order.
      (e) The agency head or senior agency official shall:
      (1) take appropriate and prompt corrective action when a
    violation or infraction under paragraph (b) of this section occurs;
    and
      (2) notify the Director of the Information Security Oversight
    Office when a violation under paragraph (b)(1), (2), or (3) of this
    section occurs.

                        PART 6 - GENERAL PROVISIONS                    
      Sec. 6.1. Definitions. For purposes of this order:
      (a) "Access" means the ability or opportunity to gain knowledge
    of classified information.
      (b) "Agency" means any "Executive agency," as defined in 5 U.S.C.
    105; any "Military department" as defined in 5 U.S.C. 102; and any
    other entity within the executive branch that comes into the
    possession of classified information.
      (c) "Automated information system" means an assembly of computer
    hardware, software, or firmware configured to collect, create,
    communicate, compute, disseminate, process, store, or control data
    or information.
      (d) "Automatic declassification" means the declassification of
    information based solely upon:
      (1) the occurrence of a specific date or event as determined by
    the original classification authority; or
      (2) the expiration of a maximum time frame for duration of
    classification established under this order.
      (e) "Classification" means the act or process by which
    information is determined to be classified information.
      (f) "Classification guidance" means any instruction or source
    that prescribes the classification of specific information.
      (g) "Classification guide" means a documentary form of
    classification guidance issued by an original classification
    authority that identifies the elements of information regarding a
    specific subject that must be classified and establishes the level
    and duration of classification for each such element.
      (h) "Classified national security information" or "classified
    information" means information that has been determined pursuant to
    this order or any predecessor order to require protection against
    unauthorized disclosure and is marked to indicate its classified
    status when in documentary form.
      (i) "Confidential source" means any individual or organization
    that has provided, or that may reasonably be expected to provide,
    information to the United States on matters pertaining to the
    national security with the expectation that the information or
    relationship, or both, are to be held in confidence.
      (j) "Damage to the national security" means harm to the national
    defense or foreign relations of the United States from the
    unauthorized disclosure of information, taking into consideration
    such aspects of the information as the sensitivity, value, utility,
    and provenance of that information.
      (k) "Declassification" means the authorized change in the status
    of information from classified information to unclassified
    information.
      (l) "Declassification authority" means:
      (1) the official who authorized the original classification, if
    that official is still serving in the same position;
      (2) the originator's current successor in function;
      (3) a supervisory official of either; or
      (4) officials delegated declassification authority in writing by
    the agency head or the senior agency official.
      (m) "Declassification guide" means written instructions issued by
    a declassification authority that describes the elements of
    information regarding a specific subject that may be declassified
    and the elements that must remain classified.
      (n) "Derivative classification" means the incorporating,
    paraphrasing, restating, or generating in new form information that
    is already classified, and marking the newly developed material
    consistent with the classification markings that apply to the
    source information. Derivative classification includes the
    classification of information based on classification guidance. The
    duplication or reproduction of existing classified information is
    not derivative classification.
      (o) "Document" means any recorded information, regardless of the
    nature of the medium or the method or circumstances of recording.
      (p) "Downgrading" means a determination by a declassification
    authority that information classified and safeguarded at a
    specified level shall be classified and safeguarded at a lower
    level.
      (q) "File series" means file units or documents arranged
    according to a filing system or kept together because they relate
    to a particular subject or function, result from the same activity,
    document a specific kind of transaction, take a particular physical
    form, or have some other relationship arising out of their
    creation, receipt, or use, such as restrictions on access or use.
      (r) "Foreign government information" means:
      (1) information provided to the United States Government by a
    foreign government or governments, an international organization of
    governments, or any element thereof, with the expectation that the
    information, the source of the information, or both, are to be held
    in confidence;
      (2) information produced by the United States Government pursuant
    to or as a result of a joint arrangement with a foreign government
    or governments, or an international organization of governments, or
    any element thereof, requiring that the information, the
    arrangement, or both, are to be held in confidence; or
      (3) information received and treated as "foreign government
    information" under the terms of a predecessor order.
      (s) "Information" means any knowledge that can be communicated or
    documentary material, regardless of its physical form or
    characteristics, that is owned by, produced by or for, or is under
    the control of the United States Government. "Control" means the
    authority of the agency that originates information, or its
    successor in function, to regulate access to the information.
      (t) "Infraction" means any knowing, willful, or negligent action
    contrary to the requirements of this order or its implementing
    directives that does not constitute a "violation," as defined
    below.
      (u) "Integral file block" means a distinct component of a file
    series, as defined in this section, that should be maintained as a
    separate unit in order to ensure the integrity of the records. An
    integral file block may consist of a set of records covering either
    a specific topic or a range of time such as presidential
    administration or a 5-year retirement schedule within a specific
    file series that is retired from active use as a group.
      (v) "Integrity" means the state that exists when information is
    unchanged from its source and has not been accidentally or
    intentionally modified, altered, or destroyed.
      (w) "Mandatory declassification review" means the review for
    declassification of classified information in response to a request
    for declassification that meets the requirements under section 3.5
    of this order.
      (x) "Multiple sources" means two or more source documents,
    classification guides, or a combination of both.
      (y) "National security" means the national defense or foreign
    relations of the United States.
      (z) "Need-to-know" means a determination made by an authorized
    holder of classified information that a prospective recipient
    requires access to specific classified information in order to
    perform or assist in a lawful and authorized governmental function.
      (aa) "Network" means a system of two or more computers that can
    exchange data or information.
      (bb) "Original classification" means an initial determination
    that information requires, in the interest of the national
    security, protection against unauthorized disclosure.
      (cc) "Original classification authority" means an individual
    authorized in writing, either by the President, the Vice President
    in the performance of executive duties, or by agency heads or other
    officials designated by the President, to classify information in
    the first instance.
      (dd) "Records" means the records of an agency and Presidential
    papers or Presidential records, as those terms are defined in title
    44, United States Code, including those created or maintained by a
    government contractor, licensee, certificate holder, or grantee
    that are subject to the sponsoring agency's control under the terms
    of the contract, license, certificate, or grant.
      (ee) "Records having permanent historical value" means
    Presidential papers or Presidential records and the records of an
    agency that the Archivist has determined should be maintained
    permanently in accordance with title 44, United States Code.
      (ff) "Records management" means the planning, controlling,
    directing, organizing, training, promoting, and other managerial
    activities involved with respect to records creation, records
    maintenance and use, and records disposition in order to achieve
    adequate and proper documentation of the policies and transactions
    of the Federal Government and effective and economical management
    of agency operations.
      (gg) "Safeguarding" means measures and controls that are
    prescribed to protect classified information.
      (hh) "Self-inspection" means the internal review and evaluation
    of individual agency activities and the agency as a whole with
    respect to the implementation of the program established under this
    order and its implementing directives.
      (ii) "Senior agency official" means the official designated by
    the agency head under section 5.4(d) of this order to direct and
    administer the agency's program under which information is
    classified, safeguarded, and declassified.
      (jj) "Source document" means an existing document that contains
    classified information that is incorporated, paraphrased, restated,
    or generated in new form into a new document.
      (kk) "Special access program" means a program established for a
    specific class of classified information that imposes safeguarding
    and access requirements that exceed those normally required for
    information at the same classification level.
      (ll) "Systematic declassification review" means the review for
    declassification of classified information contained in records
    that have been determined by the Archivist to have permanent
    historical value in accordance with title 44, United States Code.
      (mm) "Telecommunications" means the preparation, transmission, or
    communication of information by electronic means.
      (nn) "Unauthorized disclosure" means a communication or physical
    transfer of classified information to an unauthorized recipient.
      (oo) "Violation" means:
      (1) any knowing, willful, or negligent action that could
    reasonably be expected to result in an unauthorized disclosure of
    classified information;
      (2) any knowing, willful, or negligent action to classify or
    continue the classification of information contrary to the
    requirements of this order or its implementing directives; or
      (3) any knowing, willful, or negligent action to create or
    continue a special access program contrary to the requirements of
    this order.
      (pp) "Weapons of mass destruction" means chemical, biological,
    radiological, and nuclear weapons.
      Sec. 6.2. General Provisions. (a) Nothing in this order shall
    supersede any requirement made by or under the Atomic Energy Act of
    1954, as amended [42 U.S.C. 2011 et seq.], or the National Security
    Act of 1947, as amended [act July 26, 1947, see Short Title note
    set out under section 401 of this title]. "Restricted Data" and
    "Formerly Restricted Data" shall be handled, protected, classified,
    downgraded, and declassified in conformity with the provisions of
    the Atomic Energy Act of 1954, as amended, and regulations issued
    under that Act.
      (b) The Attorney General, upon request by the head of an agency
    or the Director of the Information Security Oversight Office, shall
    render an interpretation of this order with respect to any question
    arising in the course of its administration.
      (c) Nothing in this order limits the protection afforded any
    information by other provisions of law, including the Constitution,
    Freedom of Information Act [5 U.S.C. 552] exemptions, the Privacy
    Act of 1974 [5 U.S.C. 552a], and the National Security Act of 1947,
    as amended. This order is not intended to and does not create any
    right or benefit, substantive or procedural, enforceable at law by
    a party against the United States, its departments, agencies,
    officers, employees, or agents. The foregoing is in addition to the
    specific provisos set forth in sections 3.1(b) and 5.3(e) of this
    order." [sic]
      (d) Executive Order 12356 of April 6, 1982, was revoked as of
    October 14, 1995.
      Sec. 6.3. Effective Date. This order is effective immediately,
    except for section 1.6, which shall become effective 180 days from
    the date of this order.


-EXEC-
      OFFICIALS DESIGNATED TO CLASSIFY NATIONAL SECURITY INFORMATION  
      Executive Secretary of National Security Council designated to
    exercise authority of President to classify certain information
    originally as "Top Secret" by section 7(b) of Ex. Ord. No. 13010,
    July 15, 1996, 61 F.R. 37347, as amended, set out as a note under
    section 5195 of Title 42, The Public Health and Welfare.
      Order of President of the United States, dated Oct. 13, 1995, 60
    F.R. 53845, provided:
      Pursuant to the provisions of Section 1.4 of Executive Order No.
    12958 of April 17, 1995, entitled "Classified National Security
    Information," [set out above] I hereby designate the following
    officials to classify information originally as "Top Secret",
    "Secret", or "Confidential":


-MISC4-
                                TOP SECRET                            

                    EXECUTIVE OFFICE OF THE PRESIDENT:                
      The Vice President
      The Chief of Staff to the President
      The Director, Office of Management and Budget
      The Assistant to the President for National Security Affairs
      The Director, Office of National Drug Control Policy
      The Chairman, President's Foreign Intelligence Advisory Board

                         DEPARTMENTS AND AGENCIES:                     
      The Secretary of State
      The Secretary of the Treasury
      The Secretary of Defense
      The Secretary of the Army
      The Secretary of the Navy
      The Secretary of the Air Force
      The Attorney General
      The Secretary of Energy
      The Chairman, Nuclear Regulatory Commission
      The Director, United States Arms Control and Disarmament Agency
      The Director of Central Intelligence
      The Administrator, National Aeronautics and Space Administration
      The Director, Federal Emergency Management Agency

                                  SECRET                              

                    EXECUTIVE OFFICE OF THE PRESIDENT:                
      The United States Trade Representative
      The Chairman, Council of Economic Advisers
      The Director, Office of Science and Technology Policy

                         DEPARTMENTS AND AGENCIES:                     
      The Secretary of Commerce
      The Secretary of Transportation
      The Administrator, Agency for International Development
      The Director, United States Information Agency

                               CONFIDENTIAL                           
      The President, Export-Import Bank of the United States
      The President, Overseas Private Investment Corporation
      Any delegation of this authority shall be in accordance with
    Section 1.4(c) of Executive Order No. 12958.
      This Order shall be published in the Federal Register.
                                                     William J. Clinton.

      [For abolition of United States Arms Control and Disarmament
    Agency and United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references, see
    sections 6511-6521, 6531, 6532, and 6551 of Title 22, Foreign
    Relations and Intercourse.]
      Order of President of the United States, dated Feb. 27, 1996, 61
    F.R. 7977, provided:
      Pursuant to the provisions of section 1.4 of Executive Order No.
    12958 of April 17, 1995, entitled "Classified National Security
    Information," [set out above] I hereby designate the following
    additional officials to classify information originally as "Top
    Secret":
      The Chair, Commission on the Roles and Capabilities of the United
    States Intelligence Community
      The Director, National Counterintelligence Center
      The Chair of the Commission on the Roles and Capabilities of the
    United States Intelligence Community, shall exercise the authority
    to classify information originally as "Top Secret" during the
    existence of the Commission and for such time afterwards as may be
    necessary to complete the Commission's administrative affairs.
      The authority of the Director of the National Counterintelligence
    Center to classify information originally as "Top Secret" is
    limited to those circumstances in which the original classification
    of information is necessary in order for the Center to fulfill its
    mission and functions.
      Any delegation of this authority shall be in accordance with
    section 1.4(c) of Executive Order No. 12958.
      This order shall be published in the Federal Register.
                                                     William J. Clinton.

      Order of President of the United States, dated Feb. 26, 1997, 62
    F.R. 9349, provided:
      Pursuant to the provisions of section 1.4 of Executive Order
    12958 of April 17, 1995, entitled "Classified National Security
    Information," [set out above] I hereby designate the following
    additional official to classify information originally as "Top
    Secret":
      The Chair, President's Commission on Critical Infrastructure
    Protection.
      The Chair of the President's Commission on Critical
    Infrastructure Protection, established under Executive Order 13010
    of July 15, 1996 [42 U.S.C. 5195 note], shall exercise the
    authority to classify information originally as "Top Secret" during
    the existence of the Commission.
      Any delegation of this authority shall be in accordance with
    section 1.4(c) of Executive Order 12958.
      This order shall be published in the Federal Register.
                                                     William J. Clinton.

      Order of President of the United States, dated Dec. 10, 2001, 66
    F.R. 64347, provided:
      Pursuant to the provisions of section 1.4 of Executive Order
    12958 of April 17, 1995, entitled "Classified National Security
    Information," [set out above] I hereby designate the Secretary of
    Health and Human Services to classify information originally as
    "Secret."
      Any delegation of this authority shall be in accordance with
    section 1.4(c) of Executive Order 12958.
      This order shall be published in the Federal Register.
                                                         George W. Bush.

      Order of President of the United States, dated May 6, 2002, 67
    F.R. 31109, provided:
      In accordance with the provisions of section 1.4 of Executive
    Order 12958 of April 17, 1995, entitled "Classified National
    Security Information," [set out above] I hereby designate the
    Administrator of the Environmental Protection Agency to classify
    information originally as "Secret."
      Any delegation of this authority shall be in accordance with
    section 1.4(c) of Executive Order 12958.
      This order shall be published in the Federal Register.
                                                         George W. Bush.

      Order of President of the United States, dated Sept. 26, 2002, 67
    F.R. 61465, provided:
      In accordance with the provisions of section 1.4 of Executive
    Order 12958 of April 17, 1995, entitled "Classified National
    Security Information," [set out above] I hereby designate the
    Secretary of Agriculture to classify information originally as
    "Secret."
      Any delegation of this authority shall be in accordance with
    section 1.4(c) of Executive Order 12958.
      This order shall be published in the Federal Register.
                                                         George W. Bush.

      Order of President of the United States, dated Sept. 17, 2003, 68
    F.R. 55257, provided:
      Consistent with the provisions of section 1.3 of Executive Order
    12958 of April 17, 1995, as amended, entitled "Classified National
    Security Information," [set out above] I hereby designate the
    Director of the Office of Science and Technology Policy to classify
    information originally as "Top Secret."
      Any delegation of this authority shall be in accordance with
    section 1.3(c) of Executive Order 12958, as amended.
      This order shall be published in the Federal Register.
                                                         George W. Bush.

      Order of President of the United States, dated Apr. 21, 2005, 70
    F.R. 21609, provided:
      Consistent with the provisions of section 1.3 of Executive Order
    12958 of April 17, 1995, as amended, entitled "Classified National
    Security Information," [set out above] I hereby designate the
    following officers to classify information originally as "Top
    Secret:"
      Director of National Intelligence; and
      Director of the Central Intelligence Agency.
      Any delegation of this authority shall be in accordance with
    section 1.3(c) of Executive Order 12958, as amended.
      This order shall be published in the Federal Register.
                                                         George W. Bush.


-EXEC-
           EX. ORD. NO. 12968. ACCESS TO CLASSIFIED INFORMATION       
      Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, provided:
      The national interest requires that certain information be
    maintained in confidence through a system of classification in
    order to protect our citizens, our democratic institutions, and our
    participation within the community of nations. The unauthorized
    disclosure of information classified in the national interest can
    cause irreparable damage to the national security and loss of human
    life.
      Security policies designed to protect classified information must
    ensure consistent, cost effective, and efficient protection of our
    Nation's classified information, while providing fair and equitable
    treatment to those Americans upon whom we rely to guard our
    national security.
      This order establishes a uniform Federal personnel security
    program for employees who will be considered for initial or
    continued access to classified information.
      NOW, THEREFORE, by the authority vested in me as President by the
    Constitution and the laws of the United States of America, it is
    hereby ordered as follows:


-MISC5-
     PART 1 - DEFINITIONS, ACCESS TO CLASSIFIED INFORMATION, FINANCIAL
                        DISCLOSURE, AND OTHER ITEMS
      Section 1.1. Definitions. For the purposes of this order: (a)
    "Agency" means any "Executive agency," as defined in 5 U.S.C. 105,
    the "military departments," as defined in 5 U.S.C. 102, and any
    other entity within the executive branch that comes into the
    possession of classified information, including the Defense
    Intelligence Agency, National Security Agency, and the National
    Reconnaissance Office.
      (b) "Applicant" means a person other than an employee who has
    received an authorized conditional offer of employment for a
    position that requires access to classified information.
      (c) "Authorized investigative agency" means an agency authorized
    by law or regulation to conduct a counterintelligence investigation
    or investigation of persons who are proposed for access to
    classified information to ascertain whether such persons satisfy
    the criteria for obtaining and retaining access to such
    information.
      (d) "Classified information" means information that has been
    determined pursuant to Executive Order No. 12958 [set out above],
    or any successor order, Executive Order No. 12951 [set out above],
    or any successor order, or the Atomic Energy Act of 1954 (42 U.S.C.
    2011 [et seq.]), to require protection against unauthorized
    disclosure.
      (e) "Employee" means a person, other than the President and Vice
    President, employed by, detailed or assigned to, an agency,
    including members of the Armed Forces; an expert or consultant to
    an agency; an industrial or commercial contractor, licensee,
    certificate holder, or grantee of an agency, including all
    subcontractors; a personal services contractor; or any other
    category of person who acts for or on behalf of an agency as
    determined by the appropriate agency head.
      (f) "Foreign power" and "agent of a foreign power" have the
    meaning provided in 50 U.S.C. 1801.
      (g) "Need for access" means a determination that an employee
    requires access to a particular level of classified information in
    order to perform or assist in a lawful and authorized governmental
    function.
      (h) "Need-to-know" means a determination made by an authorized
    holder of classified information that a prospective recipient
    requires access to specific classified information in order to
    perform or assist in a lawful and authorized governmental function.
      (i) "Overseas Security Policy Board" means the Board established
    by the President to consider, develop, coordinate and promote
    policies, standards and agreements on overseas security operations,
    programs and projects that affect all United States Government
    agencies under the authority of a Chief of Mission.
      (j) "Security Policy Board" means the Board established by the
    President to consider, coordinate, and recommend policy directives
    for U.S. security policies, procedures, and practices.
      (k) "Special access program" has the meaning provided in section
    4.1 of Executive Order No. 12958 [set out above], or any successor
    order.
      Sec. 1.2. Access to Classified Information. (a) No employee shall
    be granted access to classified information unless that employee
    has been determined to be eligible in accordance with this order
    and to possess a need-to-know.
      (b) Agency heads shall be responsible for establishing and
    maintaining an effective program to ensure that access to
    classified information by each employee is clearly consistent with
    the interests of the national security.
      (c) Employees shall not be granted access to classified
    information unless they:
      (1) have been determined to be eligible for access under section
    3.1 of this order by agency heads or designated officials based
    upon a favorable adjudication of an appropriate investigation of
    the employee's background;
      (2) have a demonstrated need-to-know; and
      (3) have signed an approved nondisclosure agreement.
      (d) All employees shall be subject to investigation by an
    appropriate government authority prior to being granted access to
    classified information and at any time during the period of access
    to ascertain whether they continue to meet the requirements for
    access.
      (e)(1) All employees granted access to classified information
    shall be required as a condition of such access to provide to the
    employing agency written consent permitting access by an authorized
    investigative agency, for such time as access to classified
    information is maintained and for a period of 3 years thereafter,
    to:
      (A) relevant financial records that are maintained by a financial
    institution as defined in 31 U.S.C. 5312(a) or by a holding company
    as defined in section 1101(6) of the Right to Financial Privacy Act
    of 1978 (12 U.S.C. 3401[(6)]);
      (B) consumer reports pertaining to the employee under the Fair
    Credit Reporting Act (15 U.S.C. 1681a [1681 et seq.]); and
      (C) records maintained by commercial entities within the United
    States pertaining to any travel by the employee outside the United
    States.
      (2) Information may be requested pursuant to employee consent
    under this section where:
      (A) there are reasonable grounds to believe, based on credible
    information, that the employee or former employee is, or may be,
    disclosing classified information in an unauthorized manner to a
    foreign power or agent of a foreign power;
      (B) information the employing agency deems credible indicates the
    employee or former employee has incurred excessive indebtedness or
    has acquired a level of affluence that cannot be explained by other
    information; or
      (C) circumstances indicate the employee or former employee had
    the capability and opportunity to disclose classified information
    that is known to have been lost or compromised to a foreign power
    or an agent of a foreign power.
      (3) Nothing in this section shall be construed to affect the
    authority of an investigating agency to obtain information pursuant
    to the Right to Financial Privacy Act [of 1978, 12 U.S.C. 3401 et
    seq.], the Fair Credit Reporting Act [15 U.S.C. 1681 et seq.] or
    any other applicable law.
      Sec. 1.3. Financial Disclosure. (a) Not later than 180 days after
    the effective date of this order, the head of each agency that
    originates, handles, transmits, or possesses classified information
    shall designate each employee, by position or category where
    possible, who has a regular need for access to classified
    information that, in the discretion of the agency head, would
    reveal:
      (1) the identity of covert agents as defined in the Intelligence
    Identities Protection Act of 1982 (50 U.S.C. 421 [et seq.]);
      (2) technical or specialized national intelligence collection and
    processing systems that, if disclosed in an unauthorized manner,
    would substantially negate or impair the effectiveness of the
    system;
      (3) the details of:
      (A) the nature, contents, algorithm, preparation, or use of any
    code, cipher, or cryptographic system or;
      (B) the design, construction, functioning, maintenance, or repair
    of any cryptographic equipment; but not including information
    concerning the use of cryptographic equipment and services;
      (4) particularly sensitive special access programs, the
    disclosure of which would substantially negate or impair the
    effectiveness of the information or activity involved; or
      (5) especially sensitive nuclear weapons design information (but
    only for those positions that have been certified as being of a
    high degree of importance or sensitivity, as described in section
    145(f) of the Atomic Energy Act of 1954, as amended [42 U.S.C.
    2165(f)]).
      (b) An employee may not be granted access, or hold a position
    designated as requiring access, to information described in
    subsection (a) unless, as a condition of access to such
    information, the employee:
      (1) files with the head of the agency a financial disclosure
    report, including information with respect to the spouse and
    dependent children of the employee, as part of all background
    investigations or reinvestigations;
      (2) is subject to annual financial disclosure requirements, if
    selected by the agency head; and
      (3) files relevant information concerning foreign travel, as
    determined by the Security Policy Board.
      (c) Not later than 180 days after the effective date of this
    order, the Security Policy Board shall develop procedures for the
    implementation of this section, including a standard financial
    disclosure form for use by employees under subsection (b) of this
    section, and agency heads shall identify certain employees, by
    position or category, who are subject to annual financial
    disclosure.
      Sec. 1.4. Use of Automated Financial Record Data Bases. As part
    of all investigations and reinvestigations described in section
    1.2(d) of this order, agencies may request the Department of the
    Treasury, under terms and conditions prescribed by the Secretary of
    the Treasury, to search automated data bases consisting of reports
    of currency transactions by financial institutions, international
    transportation of currency or monetary instruments, foreign bank
    and financial accounts, transactions under $10,000 that are
    reported as possible money laundering violations, and records of
    foreign travel.
      Sec. 1.5. Employee Education and Assistance. The head of each
    agency that grants access to classified information shall establish
    a program for employees with access to classified information to:
    (a) educate employees about individual responsibilities under this
    order; and
      (b) inform employees about guidance and assistance available
    concerning issues that may affect their eligibility for access to
    classified information, including sources of assistance for
    employees who have questions or concerns about financial matters,
    mental health, or substance abuse.

             PART 2 - ACCESS ELIGIBILITY POLICY AND PROCEDURE         
      Sec. 2.1. Eligibility Determinations. (a) Determinations of
    eligibility for access to classified information shall be based on
    criteria established under this order. Such determinations are
    separate from suitability determinations with respect to the hiring
    or retention of persons for employment by the government or any
    other personnel actions.
      (b) The number of employees that each agency determines are
    eligible for access to classified information shall be kept to the
    minimum required for the conduct of agency functions.
      (1) Eligibility for access to classified information shall not be
    requested or granted solely to permit entry to, or ease of movement
    within, controlled areas when the employee has no need for access
    and access to classified information may reasonably be prevented.
    Where circumstances indicate employees may be inadvertently exposed
    to classified information in the course of their duties, agencies
    are authorized to grant or deny, in their discretion, facility
    access approvals to such employees based on an appropriate level of
    investigation as determined by each agency.
      (2) Except in agencies where eligibility for access is a
    mandatory condition of employment, eligibility for access to
    classified information shall only be requested or granted based on
    a demonstrated, foreseeable need for access. Requesting or
    approving eligibility in excess of actual requirements is
    prohibited.
      (3) Eligibility for access to classified information may be
    granted where there is a temporary need for access, such as one-
    time participation in a classified project, provided the
    investigative standards established under this order have been
    satisfied. In such cases, a fixed date or event for expiration
    shall be identified and access to classified information shall be
    limited to information related to the particular project or
    assignment.
      (4) Access to classified information shall be terminated when an
    employee no longer has a need for access.
      Sec. 2.2. Level of Access Approval. (a) The level at which an
    access approval is granted for an employee shall be limited, and
    relate directly, to the level of classified information for which
    there is a need for access. Eligibility for access to a higher
    level of classified information includes eligibility for access to
    information classified at a lower level.
      (b) Access to classified information relating to a special access
    program shall be granted in accordance with procedures established
    by the head of the agency that created the program or, for programs
    pertaining to intelligence activities (including special activities
    but not including military operational, strategic, and tactical
    programs) or intelligence sources and methods, by the Director of
    Central Intelligence. To the extent possible and consistent with
    the national security interests of the United States, such
    procedures shall be consistent with the standards and procedures
    established by and under this order.
      Sec. 2.3. Temporary Access to Higher Levels. (a) An employee who
    has been determined to be eligible for access to classified
    information based on favorable adjudication of a completed
    investigation may be granted temporary access to a higher level
    where security personnel authorized by the agency head to make
    access eligibility determinations find that such access:
      (1) is necessary to meet operational or contractual exigencies
    not expected to be of a recurring nature;
      (2) will not exceed 180 days; and
      (3) is limited to specific, identifiable information that is made
    the subject of a written access record.
      (b) Where the access granted under subsection (a) of this section
    involves another agency's classified information, that agency must
    concur before access to its information is granted.
      Sec. 2.4. Reciprocal Acceptance of Access Eligibility
    Determinations. (a) Except when an agency has substantial
    information indicating that an employee may not satisfy the
    standards in section 3.1 of this order, background investigations
    and eligibility determinations conducted under this order shall be
    mutually and reciprocally accepted by all agencies.
      (b) Except where there is substantial information indicating that
    the employee may not satisfy the standards in section 3.1 of this
    order, an employee with existing access to a special access program
    shall not be denied eligibility for access to another special
    access program at the same sensitivity level as determined
    personally by the agency head or deputy agency head, or have an
    existing access eligibility readjudicated, so long as the employee
    has a need for access to the information involved.
      (c) This section shall not preclude agency heads from
    establishing additional, but not duplicative, investigative or
    adjudicative procedures for a special access program or for
    candidates for detail or assignment to their agencies, where such
    procedures are required in exceptional circumstances to protect the
    national security.
      (d) Where temporary eligibility for access is granted under
    sections 2.3 or 3.3 of this order or where the determination of
    eligibility for access is conditional, the fact of such temporary
    or conditional access shall be conveyed to any other agency that
    considers affording the employee access to its information.
      Sec. 2.5. Specific Access Requirement. (a) Employees who have
    been determined to be eligible for access to classified information
    shall be given access to classified information only where there is
    a need-to-know that information.
      (b) It is the responsibility of employees who are authorized
    holders of classified information to verify that a prospective
    recipient's eligibility for access has been granted by an
    authorized agency official and to ensure that a need-to-know exists
    prior to allowing such access, and to challenge requests for access
    that do not appear well-founded.
      Sec. 2.6. Access by Non-United States Citizens. (a) Where there
    are compelling reasons in furtherance of an agency mission,
    immigrant alien and foreign national employees who possess a
    special expertise may, in the discretion of the agency, be granted
    limited access to classified information only for specific
    programs, projects, contracts, licenses, certificates, or grants
    for which there is a need for access. Such individuals shall not be
    eligible for access to any greater level of classified information
    than the United States Government has determined may be releasable
    to the country of which the subject is currently a citizen, and
    such limited access may be approved only if the prior 10 years of
    the subject's life can be appropriately investigated. If there are
    any doubts concerning granting access, additional lawful
    investigative procedures shall be fully pursued.
      (b) Exceptions to these requirements may be permitted only by the
    agency head or the senior agency official designated under section
    6.1 of this order to further substantial national security
    interests.

                   PART 3 - ACCESS ELIGIBILITY STANDARDS               
      Sec. 3.1. Standards. (a) No employee shall be deemed to be
    eligible for access to classified information merely by reason of
    Federal service or contracting, licensee, certificate holder, or
    grantee status, or as a matter of right or privilege, or as a
    result of any particular title, rank, position, or affiliation.
      (b) Except as provided in sections 2.6 and 3.3 of this order,
    eligibility for access to classified information shall be granted
    only to employees who are United States citizens for whom an
    appropriate investigation has been completed and whose personal and
    professional history affirmatively indicates loyalty to the United
    States, strength of character, trustworthiness, honesty,
    reliability, discretion, and sound judgment, as well as freedom
    from conflicting allegiances and potential for coercion, and
    willingness and ability to abide by regulations governing the use,
    handling, and protection of classified information. A determination
    of eligibility for access to such information is a discretionary
    security decision based on judgments by appropriately trained
    adjudicative personnel. Eligibility shall be granted only where
    facts and circumstances indicate access to classified information
    is clearly consistent with the national security interests of the
    United States, and any doubt shall be resolved in favor of the
    national security.
      (c) The United States Government does not discriminate on the
    basis of race, color, religion, sex, national origin, disability,
    or sexual orientation in granting access to classified information.
      (d) In determining eligibility for access under this order,
    agencies may investigate and consider any matter that relates to
    the determination of whether access is clearly consistent with the
    interests of national security. No inference concerning the
    standards in this section may be raised solely on the basis of the
    sexual orientation of the employee.
      (e) No negative inference concerning the standards in this
    section may be raised solely on the basis of mental health
    counseling. Such counseling can be a positive factor in eligibility
    determinations. However, mental health counseling, where relevant
    to the adjudication of access to classified information, may
    justify further inquiry to determine whether the standards of
    subsection (b) of this section are satisfied, and mental health may
    be considered where it directly relates to those standards.
      (f) Not later than 180 days after the effective date of this
    order, the Security Policy Board shall develop a common set of
    adjudicative guidelines for determining eligibility for access to
    classified information, including access to special access
    programs.
      Sec. 3.2. Basis for Eligibility Approval. (a) Eligibility
    determinations for access to classified information shall be based
    on information concerning the applicant or employee that is
    acquired through the investigation conducted pursuant to this order
    or otherwise available to security officials and shall be made part
    of the applicant's or employee's security record. Applicants or
    employees shall be required to provide relevant information
    pertaining to their background and character for use in
    investigating and adjudicating their eligibility for access.
      (b) Not later than 180 days after the effective date of this
    order, the Security Policy Board shall develop a common set of
    investigative standards for background investigations for access to
    classified information. These standards may vary for the various
    levels of access.
      (c) Nothing in this order shall prohibit an agency from utilizing
    any lawful investigative procedure in addition to the investigative
    requirements set forth in this order and its implementing
    regulations to resolve issues that may arise during the course of a
    background investigation or reinvestigation.
      Sec. 3.3. Special Circumstances. (a) In exceptional circumstances
    where official functions must be performed prior to the completion
    of the investigative and adjudication process, temporary
    eligibility for access to classified information may be granted to
    an employee while the initial investigation is underway. When such
    eligibility is granted, the initial investigation shall be
    expedited.
      (1) Temporary eligibility for access under this section shall
    include a justification, and the employee must be notified in
    writing that further access is expressly conditioned on the
    favorable completion of the investigation and issuance of an access
    eligibility approval. Access will be immediately terminated, along
    with any assignment requiring an access eligibility approval, if
    such approval is not granted.
      (2) Temporary eligibility for access may be granted only by
    security personnel authorized by the agency head to make access
    eligibility determinations and shall be based on minimum
    investigative standards developed by the Security Policy Board not
    later than 180 days after the effective date of this order.
      (3) Temporary eligibility for access may be granted only to
    particular, identified categories of classified information
    necessary to perform the lawful and authorized functions that are
    the basis for the granting of temporary access.
      (b) Nothing in subsection (a) shall be construed as altering the
    authority of an agency head to waive requirements for granting
    access to classified information pursuant to statutory authority.
      (c) Where access has been terminated under section 2.1(b)(4) of
    this order and a new need for access arises, access eligibility up
    to the same level shall be reapproved without further investigation
    as to employees who were determined to be eligible based on a
    favorable adjudication of an investigation completed within the
    prior 5 years, provided they have remained employed by the same
    employer during the period in question, the employee certifies in
    writing that there has been no change in the relevant information
    provided by the employee for the last background investigation, and
    there is no information that would tend to indicate the employee
    may no longer satisfy the standards established by this order for
    access to classified information.
      (d) Access eligibility shall be reapproved for individuals who
    were determined to be eligible based on a favorable adjudication of
    an investigation completed within the prior 5 years and who have
    been retired or otherwise separated from United States Government
    employment for not more than 2 years; provided there is no
    indication the individual may no longer satisfy the standards of
    this order, the individual certifies in writing that there has been
    no change in the relevant information provided by the individual
    for the last background investigation, and an appropriate record
    check reveals no unfavorable information.
      Sec. 3.4. Reinvestigation Requirements. (a) Because circumstances
    and characteristics may change dramatically over time and thereby
    alter the eligibility of employees for continued access to
    classified information, reinvestigations shall be conducted with
    the same priority and care as initial investigations.
      (b) Employees who are eligible for access to classified
    information shall be the subject of periodic reinvestigations and
    may also be reinvestigated if, at any time, there is reason to
    believe that they may no longer meet the standards for access
    established in this order.
      (c) Not later than 180 days after the effective date of this
    order, the Security Policy Board shall develop a common set of
    reinvestigative standards, including the frequency of
    reinvestigations.

              PART 4 - INVESTIGATIONS FOR FOREIGN GOVERNMENTS          
      Sec. 4. Authority. Agencies that conduct background
    investigations, including the Federal Bureau of Investigation and
    the Department of State, are authorized to conduct personnel
    security investigations in the United States when requested by a
    foreign government as part of its own personnel security program
    and with the consent of the individual.

                 PART 5 - REVIEW OF ACCESS DETERMINATIONS             
      Sec. 5.1. Determinations of Need for Access. A determination
    under section 2.1(b)(4) of this order that an employee does not
    have, or no longer has, a need for access is a discretionary
    determination and shall be conclusive.
      Sec. 5.2. Review Proceedings for Denials or Revocations of
    Eligibility for Access. (a) Applicants and employees who are
    determined to not meet the standards for access to classified
    information established in section 3.1 of this order shall be:
      (1) provided as comprehensive and detailed a written explanation
    of the basis for that conclusion as the national security interests
    of the United States and other applicable law permit;
      (2) provided within 30 days, upon request and to the extent the
    documents would be provided if requested under the Freedom of
    Information Act (5 U.S.C. 552) or the Privacy Act (3 U.S.C. 552a),
    as applicable, any documents, records, and reports upon which a
    denial or revocation is based;
      (3) informed of their right to be represented by counsel or other
    representative at their own expense; to request any documents,
    records, and reports as described in section 5.2(a)(2) upon which a
    denial or revocation is based; and to request the entire
    investigative file, as permitted by the national security and other
    applicable law, which, if requested, shall be promptly provided
    prior to the time set for a written reply;
      (4) provided a reasonable opportunity to reply in writing to, and
    to request a review of, the determination;
      (5) provided written notice of and reasons for the results of the
    review, the identity of the deciding authority, and written notice
    of the right to appeal;
      (6) provided an opportunity to appeal in writing to a high level
    panel, appointed by the agency head, which shall be comprised of at
    least three members, two of whom shall be selected from outside the
    security field. Decisions of the panel shall be in writing, and
    final except as provided in subsection (b) of this section; and
      (7) provided an opportunity to appear personally and to present
    relevant documents, materials, and information at some point in the
    process before an adjudicative or other authority, other than the
    investigating entity, as determined by the agency head. A written
    summary or recording of such appearance shall be made part of the
    applicant's or employee's security record, unless such appearance
    occurs in the presence of the appeals panel described in subsection
    (a)(6) of this section.
      (b) Nothing in this section shall prohibit an agency head from
    personally exercising the appeal authority in subsection (a)(6) of
    this section based upon recommendations from an appeals panel. In
    such case, the decision of the agency head shall be final.
      (c) Agency heads shall promulgate regulations to implement this
    section and, at their sole discretion and as resources and national
    security considerations permit, may provide additional review
    proceedings beyond those required by subsection (a) of this
    section. This section does not require additional proceedings,
    however, and creates no procedural or substantive rights.
      (d) When the head of an agency or principal deputy personally
    certifies that a procedure set forth in this section cannot be made
    available in a particular case without damaging the national
    security interests of the United States by revealing classified
    information, the particular procedure shall not be made available.
    This certification shall be conclusive.
      (e) This section shall not be deemed to limit or affect the
    responsibility and power of an agency head pursuant to any law or
    other Executive order to deny or terminate access to classified
    information in the interests of national security. The power and
    responsibility to deny or terminate access to classified
    information pursuant to any law or other Executive order may be
    exercised only where the agency head determines that the procedures
    prescribed in subsection (a) of this section cannot be invoked in a
    manner that is consistent with national security. This
    determination shall be conclusive.
      (f)(1) This section shall not be deemed to limit or affect the
    responsibility and power of an agency head to make determinations
    of suitability for employment.
      (2) Nothing in this section shall require that an agency provide
    the procedures prescribed in subsection (a) of this section to an
    applicant where a conditional offer of employment is withdrawn for
    reasons of suitability or any other reason other than denial of
    eligibility for access to classified information.
      (3) A suitability determination shall not be used for the purpose
    of denying an applicant or employee the review proceedings of this
    section where there has been a denial or revocation of eligibility
    for access to classified information.

                          PART 6 - IMPLEMENTATION                      
      Sec. 6.1. Agency Implementing Responsibilities. Heads of agencies
    that grant employees access to classified information shall: (a)
    designate a senior agency official to direct and administer the
    agency's personnel security program established by this order. All
    such programs shall include active oversight and continuing
    security education and awareness programs to ensure effective
    implementation of this order;
      (b) cooperate, under the guidance of the Security Policy Board,
    with other agencies to achieve practical, consistent, and effective
    adjudicative training and guidelines; and
      (c) conduct periodic evaluations of the agency's implementation
    and administration of this order, including the implementation of
    section 1.3(a) of this order. Copies of each report shall be
    provided to the Security Policy Board.
      Sec. 6.2. Employee Responsibilities. (a) Employees who are
    granted eligibility for access to classified information shall:
      (1) protect classified information in their custody from
    unauthorized disclosure;
      (2) report all contacts with persons, including foreign
    nationals, who seek in any way to obtain unauthorized access to
    classified information;
      (3) report all violations of security regulations to the
    appropriate security officials; and
      (4) comply with all other security requirements set forth in this
    order and its implementing regulations.
      (b) Employees are encouraged and expected to report any
    information that raises doubts as to whether another employee's
    continued eligibility for access to classified information is
    clearly consistent with the national security.
      Sec. 6.3. Security Policy Board Responsibilities and
    Implementation. (a) With respect to actions taken by the Security
    Policy Board pursuant to sections 1.3(c), 3.1(f), 3.2(b),
    3.3(a)(2), and 3.4(c) of this order, the Security Policy Board
    shall make recommendations to the President through the Assistant
    to the President for National Security Affairs for implementation.
      (b) Any guidelines, standards, or procedures developed by the
    Security Policy Board pursuant to this order shall be consistent
    with those guidelines issued by the Federal Bureau of Investigation
    in March 1994 on Background Investigations Policy/Guidelines
    Regarding Sexual Orientation.
      (c) In carrying out its responsibilities under this order, the
    Security Policy Board shall consult where appropriate with the
    Overseas Security Policy Board. In carrying out its
    responsibilities under section 1.3(c) of this order, the Security
    Policy Board shall obtain the concurrence of the Director of the
    Office of Management and Budget.
      Sec. 6.4. Sanctions. Employees shall be subject to appropriate
    sanctions if they knowingly and willfully grant eligibility for, or
    allow access to, classified information in violation of this order
    or its implementing regulations. Sanctions may include reprimand,
    suspension without pay, removal, and other actions in accordance
    with applicable law and agency regulations.

                        PART 7 - GENERAL PROVISIONS                    
      Sec. 7.1. Classified Information Procedures Act. Nothing in this
    order is intended to alter the procedures established under the
    Classified Information Procedures Act (18 U.S.C. App.).
      Sec. 7.2. General. (a) Information obtained by an agency under
    sections 1.2(e) or 1.3 of this order may not be disseminated
    outside the agency, except to:
      (1) the agency employing the employee who is the subject of the
    records or information;
      (2) the Department of Justice for law enforcement or
    counterintelligence purposes; or
      (3) any agency if such information is clearly relevant to the
    authorized responsibilities of such agency.
      (b) The Attorney General, at the request of the head of an
    agency, shall render an interpretation of this order with respect
    to any question arising in the course of its administration.
      (c) No prior Executive orders are repealed by this order. To the
    extent that this order is inconsistent with any provision of any
    prior Executive order, this order shall control, except that this
    order shall not diminish or otherwise affect the requirements of
    Executive Order No. 10450 [5 U.S.C. 7311 note], the denial and
    revocation procedures provided to individuals covered by Executive
    Order No. 10865, as amended [set out above], or access by
    historical researchers and former presidential appointees under
    Executive Order No. 12958 [set out above] or any successor order.
      (d) If any provision of this order or the application of such
    provision is held to be invalid, the remainder of this order shall
    not be affected.
      (e) This Executive order is intended only to improve the internal
    management of the executive branch and is not intended to, and does
    not, create any right to administrative or judicial review, or any
    other right or benefit or trust responsibility, substantive or
    procedural, enforceable by a party against the United States, its
    agencies or instrumentalities, its officers or employees, or any
    other person.
      (f) This order is effective immediately.
                                                     William J. Clinton.

-End-



-CITE-
    50 USC Sec. 435a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-
    Sec. 435a. Limitation on handling, retention, and storage of
      certain classified materials by the Department of State

-STATUTE-
    (a) Certification regarding full compliance with requirements
      The Director of Central Intelligence shall certify to the
    appropriate committees of Congress whether or not each covered
    element of the Department of State is in full compliance with all
    applicable directives of the Director of Central Intelligence
    relating to the handling, retention, or storage of covered
    classified material.
    (b) Limitation on certification
      The Director of Central Intelligence may not certify a covered
    element of the Department of State as being in full compliance with
    the directives referred to in subsection (a) of this section if the
    covered element is currently subject to a waiver of compliance with
    respect to any such directive.
    (c) Report on noncompliance
      Whenever the Director of Central Intelligence determines that a
    covered element of the Department of State is not in full
    compliance with any directive referred to in subsection (a) of this
    section, the Director shall promptly notify the appropriate
    committees of Congress of such determination.
    (d) Effects of certification of non-full compliance
      (1) Subject to subsection (e) of this section, effective as of
    January 1, 2001, a covered element of the Department of State may
    not retain or store covered classified material unless the Director
    has certified under subsection (a) of this section as of such date
    that the covered element is in full compliance with the directives
    referred to in subsection (a) of this section.
      (2) If the prohibition in paragraph (1) takes effect in
    accordance with that paragraph, the prohibition shall remain in
    effect until the date on which the Director certifies under
    subsection (a) of this section that the covered element involved is
    in full compliance with the directives referred to in that
    subsection.
    (e) Waiver by Director of Central Intelligence
      (1) The Director of Central Intelligence may waive the
    applicability of the prohibition in subsection (d) of this section
    to an element of the Department of State otherwise covered by such
    prohibition if the Director determines that the waiver is in the
    national security interests of the United States.
      (2) The Director shall submit to appropriate committees of
    Congress a report on each exercise of the waiver authority in
    paragraph (1).
      (3) Each report under paragraph (2) with respect to the exercise
    of authority under paragraph (1) shall set forth the following:
        (A) The covered element of the Department of State addressed by
      the waiver.
        (B) The reasons for the waiver.
        (C) The actions that will be taken to bring such element into
      full compliance with the directives referred to in subsection (a)
      of this section, including a schedule for completion of such
      actions.
        (D) The actions taken by the Director to protect any covered
      classified material to be handled, retained, or stored by such
      element pending achievement of full compliance of such element
      with such directives.
    (f) Definitions
      In this section:
        (1) The term "appropriate committees of Congress" means the
      following:
          (A) The Select Committee on Intelligence and the Committee on
        Foreign Relations of the Senate.
          (B) The Permanent Select Committee on Intelligence and the
        Committee on International Relations of the House of
        Representatives.

        (2) The term "covered classified material" means any material
      classified at the Sensitive Compartmented Information (SCI)
      level.
        (3) The term "covered element of the Department of State" means
      each element of the Department of State that handles, retains, or
      stores covered classified material.
        (4) The term "material" means any data, regardless of physical
      form or characteristic, including written or printed matter,
      automated information systems storage media, maps, charts,
      paintings, drawings, films, photographs, engravings, sketches,
      working notes, papers, reproductions of any such things by any
      means or process, and sound, voice, magnetic, or electronic
      recordings.
        (5) The term "Sensitive Compartmented Information (SCI) level",
      in the case of classified material, means a level of
      classification for information in such material concerning or
      derived from intelligence sources, methods, or analytical
      processes that requires such information to be handled within
      formal access control systems established by the Director of
      Central Intelligence.

-SOURCE-
    (Pub. L. 106-567, title III, Sec. 309, Dec. 27, 2000, 114 Stat.
    2840.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Authorization Act
    for Fiscal Year 2001, and not as part of the National Security Act
    of 1947 which comprises this chapter.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 435b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-
    Sec. 435b. Security clearances

-STATUTE-
    (a) Definitions
      In this section:
        (1) The term "agency" means - 
          (A) an executive agency (as that term is defined in section
        105 of title 5);
          (B) a military department (as that term is defined in section
        102 of title 5); and
          (C) an element of the intelligence community.

        (2) The term "authorized investigative agency" means an agency
      designated by the head of the agency selected pursuant to
      subsection (b) of this section to conduct a counterintelligence
      investigation or investigation of persons who are proposed for
      access to classified information to ascertain whether such
      persons satisfy the criteria for obtaining and retaining access
      to such information.
        (3) The term "authorized adjudicative agency" means an agency
      authorized by law, regulation, or direction of the Director of
      National Intelligence to determine eligibility for access to
      classified information in accordance with Executive Order 12968.
        (4) The term "highly sensitive program" means - 
          (A) a government program designated as a Special Access
        Program (as that term is defined in section 4.1(h) of Executive
        Order 12958 or any successor Executive order); or
          (B) a government program that applies restrictions required
        for - 
            (i) restricted data (as that term is defined in section
          2014(y) of title 42; (!1) or

            (ii) other information commonly referred to as "sensitive
          compartmented information".

        (5) The term "current investigation file" means, with respect
      to a security clearance, a file on an investigation or
      adjudication that has been conducted during - 
          (A) the 5-year period beginning on the date the security
        clearance was granted, in the case of a Top Secret Clearance,
        or the date access was granted to a highly sensitive program;
          (B) the 10-year period beginning on the date the security
        clearance was granted in the case of a Secret Clearance; and
          (C) the 15-year period beginning on the date the security
        clearance was granted in the case of a Confidential Clearance.

        (6) The term "personnel security investigation" means any
      investigation required for the purpose of determining the
      eligibility of any military, civilian, or government contractor
      personnel to access classified information.
        (7) The term "periodic reinvestigations" means investigations
      conducted for the purpose of updating a previously completed
      background investigation - 
          (A) every 5 years in the case of a top secret clearance or
        access to a highly sensitive program;
          (B) every 10 years in the case of a secret clearance; or
          (C) every 15 years in the case of a Confidential Clearance.

        (8) The term "appropriate committees of Congress" means - 
          (A) the Permanent Select Committee on Intelligence and the
        Committees on Armed Services, Homeland Security, Government
        Reform, and the Judiciary of the House of Representatives; and
          (B) the Select Committee on Intelligence and the Committees
        on Armed Services, Homeland Security and Governmental Affairs,
        and the Judiciary of the Senate.
    (b) Selection of entity
      Not later than 90 days after December 17, 2004, the President
    shall select a single department, agency, or element of the
    executive branch to be responsible for - 
        (1) directing day-to-day oversight of investigations and
      adjudications for personnel security clearances, including for
      highly sensitive programs, throughout the United States
      Government;
        (2) developing and implementing uniform and consistent policies
      and procedures to ensure the effective, efficient, and timely
      completion of security clearances and determinations for access
      to highly sensitive programs, including the standardization of
      security questionnaires, financial disclosure requirements for
      security clearance applicants, and polygraph policies and
      procedures;
        (3) serving as the final authority to designate an authorized
      investigative agency or authorized adjudicative agency;
        (4) ensuring reciprocal recognition of access to classified
      information among the agencies of the United States Government,
      including acting as the final authority to arbitrate and resolve
      disputes involving the reciprocity of security clearances and
      access to highly sensitive programs pursuant to subsection (d) of
      this section;
        (5) ensuring, to the maximum extent practicable, that
      sufficient resources are available in each agency to achieve
      clearance and investigative program goals; and
        (6) reviewing and coordinating the development of tools and
      techniques for enhancing the conduct of investigations and
      granting of clearances.
    (c) Performance of security clearance investigations
      (1) Notwithstanding any other provision of law, not later than
    180 days after December 17, 2004, the President shall, in
    consultation with the head of the entity selected pursuant to
    subsection (b) of this section, select a single agency of the
    executive branch to conduct, to the maximum extent practicable,
    security clearance investigations of employees and contractor
    personnel of the United States Government who require access to
    classified information and to provide and maintain all security
    clearances of such employees and contractor personnel. The head of
    the entity selected pursuant to subsection (b) of this section may
    designate other agencies to conduct such investigations if the head
    of the entity selected pursuant to subsection (b) of this section
    considers it appropriate for national security and efficiency
    purposes.
      (2) The agency selected under paragraph (1) shall - 
        (A) take all necessary actions to carry out the requirements of
      this section, including entering into a memorandum of
      understanding with any agency carrying out responsibilities
      relating to security clearances or security clearance
      investigations before December 17, 2004;
        (B) as soon as practicable, integrate reporting of security
      clearance applications, security clearance investigations, and
      determinations of eligibility for security clearances, with the
      database required by subsection (e) of this section; and
        (C) ensure that security clearance investigations are conducted
      in accordance with uniform standards and requirements established
      under subsection (b) of this section, including uniform security
      questionnaires and financial disclosure requirements.
    (d) Reciprocity of security clearance and access determinations
      (1) All security clearance background investigations and
    determinations completed by an authorized investigative agency or
    authorized adjudicative agency shall be accepted by all agencies.
      (2) All security clearance background investigations initiated by
    an authorized investigative agency shall be transferable to any
    other authorized investigative agency.
      (3)(A) An authorized investigative agency or authorized
    adjudicative agency may not establish additional investigative or
    adjudicative requirements (other than requirements for the conduct
    of a polygraph examination) that exceed requirements specified in
    Executive Orders establishing security requirements for access to
    classified information without the approval of the head of the
    entity selected pursuant to subsection (b) of this section.
      (B) Notwithstanding subparagraph (A), the head of the entity
    selected pursuant to subsection (b) of this section may establish
    such additional requirements as the head of such entity considers
    necessary for national security purposes.
      (4) An authorized investigative agency or authorized adjudicative
    agency may not conduct an investigation for purposes of determining
    whether to grant a security clearance to an individual where a
    current investigation or clearance of equal level already exists or
    has been granted by another authorized adjudicative agency.
      (5) The head of the entity selected pursuant to subsection (b) of
    this section may disallow the reciprocal recognition of an
    individual security clearance by an agency under this section on a
    case-by-case basis if the head of the entity selected pursuant to
    subsection (b) of this section determines that such action is
    necessary for national security purposes.
      (6) The head of the entity selected pursuant to subsection (b) of
    this section shall establish a review procedure by which agencies
    can seek review of actions required under this section.
    (e) Database on security clearances
      (1) Not later than 12 months after December 17, 2004, the
    Director of the Office of Personnel Management shall, in
    cooperation with the heads of the entities selected pursuant to
    subsections (b) and (c) of this section, establish and commence
    operating and maintaining an integrated, secure, database into
    which appropriate data relevant to the granting, denial, or
    revocation of a security clearance or access pertaining to
    military, civilian, or government contractor personnel shall be
    entered from all authorized investigative and adjudicative
    agencies.
      (2) The database under this subsection shall function to
    integrate information from existing Federal clearance tracking
    systems from other authorized investigative and adjudicative
    agencies into a single consolidated database.
      (3) Each authorized investigative or adjudicative agency shall
    check the database under this subsection to determine whether an
    individual the agency has identified as requiring a security
    clearance has already been granted or denied a security clearance,
    or has had a security clearance revoked, by any other authorized
    investigative or adjudicative agency.
      (4) The head of the entity selected pursuant to subsection (b) of
    this section shall evaluate the extent to which an agency is
    submitting information to, and requesting information from, the
    database under this subsection as part of a determination of
    whether to certify the agency as an authorized investigative agency
    or authorized adjudicative agency.
      (5) The head of the entity selected pursuant to subsection (b) of
    this section may authorize an agency to withhold information about
    certain individuals from the database under this subsection if the
    head of the entity considers it necessary for national security
    purposes.
    (f) Evaluation of use of available technology in clearance
      investigations and adjudications
      (1) The head of the entity selected pursuant to subsection (b) of
    this section shall evaluate the use of available information
    technology and databases to expedite investigative and adjudicative
    processes for all and to verify standard information submitted as
    part of an application for a security clearance.
      (2) The evaluation shall assess the application of the
    technologies described in paragraph (1) for - 
        (A) granting interim clearances to applicants at the secret,
      top secret, and special access program levels before the
      completion of the appropriate full investigation;
        (B) expediting investigations and adjudications of security
      clearances, including verification of information submitted by
      the applicant;
        (C) ongoing verification of suitability of personnel with
      security clearances in effect for continued access to classified
      information;
        (D) use of such technologies to augment periodic
      reinvestigations;
        (E) assessing the impact of the use of such technologies on the
      rights of applicants to verify, correct, or challenge information
      obtained through such technologies; and
        (F) such other purposes as the head of the entity selected
      pursuant to subsection (b) of this section considers appropriate.

      (3) An individual subject to verification utilizing the
    technology described in paragraph (1) shall be notified of such
    verification, shall provide consent to such use, and shall have
    access to data being verified in order to correct errors or
    challenge information the individual believes is incorrect.
      (4) Not later than one year after December 17, 2004, the head of
    the entity selected pursuant to subsection (b) of this section
    shall submit to the President and the appropriate committees of
    Congress a report on the results of the evaluation, including
    recommendations on the use of technologies described in paragraph
    (1).
    (g) Reduction in length of personnel security clearance process
      (1) The head of the entity selected pursuant to subsection (b) of
    this section shall, within 90 days of selection under that
    subsection, develop, in consultation with the appropriate
    committees of Congress and each authorized adjudicative agency, a
    plan to reduce the length of the personnel security clearance
    process.
      (2)(A) To the extent practical the plan under paragraph (1) shall
    require that each authorized adjudicative agency make a
    determination on at least 90 percent of all applications for a
    personnel security clearance within an average of 60 days after the
    date of receipt of the completed application for a security
    clearance by an authorized investigative agency. Such 60-day
    average period shall include - 
        (i) a period of not longer than 40 days to complete the
      investigative phase of the clearance review; and
        (ii) a period of not longer than 20 days to complete the
      adjudicative phase of the clearance review.

      (B) Determinations on clearances not made within 60 days shall be
    made without delay.
      (3)(A) The plan under paragraph (1) shall take effect 5 years
    after December 17, 2004.
      (B) During the period beginning on a date not later than 2 years
    after December 17, 2004, and ending on the date on which the plan
    under paragraph (1) takes effect, each authorized adjudicative
    agency shall make a determination on at least 80 percent of all
    applications for a personnel security clearance pursuant to this
    section within an average of 120 days after the date of receipt of
    the application for a security clearance by an authorized
    investigative agency. Such 120-day average period shall include - 
        (i) a period of not longer than 90 days to complete the
      investigative phase of the clearance review; and
        (ii) a period of not longer than 30 days to complete the
      adjudicative phase of the clearance review.
    (h) Reports
      (1) Not later than February 15, 2006, and annually thereafter
    through 2011, the head of the entity selected pursuant to
    subsection (b) of this section shall submit to the appropriate
    committees of Congress a report on the progress made during the
    preceding year toward meeting the requirements of this section.
      (2) Each report shall include, for the period covered by such
    report - 
        (A) the periods of time required by the authorized
      investigative agencies and authorized adjudicative agencies for
      conducting investigations, adjudicating cases, and granting
      clearances, from date of submission to ultimate disposition and
      notification to the subject and the subject's employer;
        (B) a discussion of any impediments to the smooth and timely
      functioning of the requirements of this section; and
        (C) such other information or recommendations as the head of
      the entity selected pursuant to subsection (b) of this section
      considers appropriate.
    (i) Authorization of appropriations
      There is authorized to be appropriated such sums as may be
    necessary for fiscal year 2005 and each fiscal year thereafter for
    the implementation, maintenance, and operation of the database
    required by subsection (e) of this section.

-SOURCE-
    (Pub. L. 108-458, title III, Sec. 3001, Dec. 17, 2004, 118 Stat.
    3705.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 12968, referred to in subsec. (a)(3), is set out
    as a note under section 435 of this title.
      Executive Order 12958, referred to in subsec. (a)(4)(A), is set
    out as a note under section 435 of this title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004 and not as part of the National
    Security Act of 1947 which comprises this chapter.


-MISC1-
              SECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS          
      Pub. L. 108-458, title VII, Sec. 7601(c), Dec. 17, 2004, 118
    Stat. 3857, provided that:
      "(1) Definition. - In this section, the term 'major party' shall
    have the meaning given under section 9002(6) of the Internal
    Revenue Code of 1986 [26 U.S.C. 9002(6)].
      "(2) In general. - Each major party candidate for President may
    submit, before the date of the general election, requests for
    security clearances for prospective transition team members who
    will have a need for access to classified information to carry out
    their responsibilities as members of the President-elect's
    transition team.
      "(3) Completion date. - Necessary background investigations and
    eligibility determinations to permit appropriate prospective
    transition team members to have access to classified information
    shall be completed, to the fullest extent practicable, by the day
    after the date of the general election."

-FOOTNOTE-
    (!1) So in original. There probably should be a closing parenthesis
         before the semicolon.


-End-



-CITE-
    50 USC Sec. 436                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-
    Sec. 436. Requests by authorized investigative agencies

-STATUTE-
    (a) Generally
      (1) Any authorized investigative agency may request from any
    financial agency, financial institution, or holding company, or
    from any consumer reporting agency, such financial records, other
    financial information, and consumer reports as may be necessary in
    order to conduct any authorized law enforcement investigation,
    counterintelligence inquiry, or security determination. Any
    authorized investigative agency may also request records maintained
    by any commercial entity within the United States pertaining to
    travel by an employee in the executive branch of Government outside
    the United States.
      (2) Requests may be made under this section where - 
        (A) the records sought pertain to a person who is or was an
      employee in the executive branch of Government required by the
      President in an Executive order or regulation, as a condition of
      access to classified information, to provide consent, during a
      background investigation and for such time as access to the
      information is maintained, and for a period of not more than
      three years thereafter, permitting access to financial records,
      other financial information, consumer reports, and travel
      records; and
        (B)(i) there are reasonable grounds to believe, based on
      credible information, that the person is, or may be, disclosing
      classified information in an unauthorized manner to a foreign
      power or agent of a foreign power;
        (ii) information the employing agency deems credible indicates
      the person has incurred excessive indebtedness or has acquired a
      level of affluence which cannot be explained by other information
      known to the agency; or
        (iii) circumstances indicate the person had the capability and
      opportunity to disclose classified information which is known to
      have been lost or compromised to a foreign power or an agent of a
      foreign power.

      (3) Each such request - 
        (A) shall be accompanied by a written certification signed by
      the department or agency head or deputy department or agency head
      concerned, or by a senior official designated for this purpose by
      the department or agency head concerned (whose rank shall be no
      lower than Assistant Secretary or Assistant Director), and shall
      certify that - 
          (i) the person concerned is or was an employee within the
        meaning of paragraph (2)(A);
          (ii) the request is being made pursuant to an authorized
        inquiry or investigation and is authorized under this section;
        and
          (iii) the records or information to be reviewed are records
        or information which the employee has previously agreed to make
        available to the authorized investigative agency for review;

        (B) shall contain a copy of the agreement referred to in
      subparagraph (A)(iii);
        (C) shall identify specifically or by category the records or
      information to be reviewed; and
        (D) shall inform the recipient of the request of the
      prohibition described in subsection (b) of this section.
    (b) Disclosure of requests
      Notwithstanding any other provision of law, no governmental or
    private entity, or officer, employee, or agent of such entity, may
    disclose to any person, other than those officers, employees, or
    agents of such entity necessary to satisfy a request made under
    this section, that such entity has received or satisfied a request
    made by an authorized investigative agency under this section.
    (c) Records or information; inspection or copying
      (1) Notwithstanding any other provision of law (other than
    section 6103 of title 26), an entity receiving a request for
    records or information under subsection (a) of this section shall,
    if the request satisfies the requirements of this section, make
    available such records or information within 30 days for inspection
    or copying, as may be appropriate, by the agency requesting such
    records or information.
      (2) Any entity (including any officer, employee, or agent
    thereof) that discloses records or information for inspection or
    copying pursuant to this section in good faith reliance upon the
    certifications made by an agency pursuant to this section shall not
    be liable for any such disclosure to any person under this
    subchapter, the constitution of any State, or any law or regulation
    of any State or any political subdivision of any State.
    (d) Reimbursement of costs
      Any agency requesting records or information under this section
    may, subject to the availability of appropriations, reimburse a
    private entity for any cost reasonably incurred by such entity in
    responding to such request, including the cost of identifying,
    reproducing, or transporting records or other data.
    (e) Dissemination of records or information received
      An agency receiving records or information pursuant to a request
    under this section may disseminate the records or information
    obtained pursuant to such request outside the agency only - 
        (1) to the agency employing the employee who is the subject of
      the records or information;
        (2) to the Department of Justice for law enforcement or
      counterintelligence purposes; or
        (3) with respect to dissemination to an agency of the United
      States, if such information is clearly relevant to the authorized
      responsibilities of such agency.
    (f) Construction of section
      Nothing in this section may be construed to affect the authority
    of an investigative agency to obtain information pursuant to the
    Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair
    Credit Reporting Act (15 U.S.C. 1681 et seq.).

-SOURCE-
    (July 26, 1947, ch. 343, title VIII, Sec. 802, as added Pub. L. 103-
    359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3436.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Right to Financial Privacy Act, referred to in subsec. (f),
    probably means the Right to Financial Privacy Act of 1978, which is
    title XI of Pub. L. 95-630, Nov. 10, 1978, 92 Stat. 3697, as
    amended, and is classified generally to chapter 35 (Sec. 3401 et
    seq.) of Title 12, Banks and Banking. For complete classification
    of this Act to the Code, see Short Title note set out under section
    3401 of Title 12 and Tables.
      The Fair Credit Reporting Act, referred to in subsec. (f), is
    title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title VI,
    Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is
    classified generally to subchapter III (Sec. 1681 et seq.) of
    chapter 41 of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title of 1970
    Amendment note set out under section 1601 of Title 15 and Tables.

-End-



-CITE-
    50 USC Sec. 437                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-
    Sec. 437. Exceptions

-STATUTE-
      Except as otherwise specifically provided, the provisions of this
    subchapter shall not apply to the President and Vice President,
    Members of the Congress, Justices of the Supreme Court, and Federal
    judges appointed by the President.

-SOURCE-
    (July 26, 1947, ch. 343, title VIII, Sec. 803, as added Pub. L. 103-
    359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3437.)

-End-



-CITE-
    50 USC Sec. 438                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

-HEAD-
    Sec. 438. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "authorized investigative agency" means an agency
      authorized by law or regulation to conduct a counterintelligence
      investigation or investigations of persons who are proposed for
      access to classified information to ascertain whether such
      persons satisfy the criteria for obtaining and retaining access
      to such information;
        (2) the term "classified information" means any information
      that has been determined pursuant to Executive Order No. 12356 of
      April 2, 1982, or successor orders, or the Atomic Energy Act of
      1954 [42 U.S.C. 2011 et seq.], to require protection against
      unauthorized disclosure and that is so designated;
        (3) the term "consumer reporting agency" has the meaning given
      such term in section 1681a of title 15;
        (4) the term "employee" includes any person who receives a
      salary or compensation of any kind from the United States
      Government, is a contractor of the United States Government or an
      employee thereof, is an unpaid consultant of the United States
      Government, or otherwise acts for or on behalf of the United
      States Government, except as otherwise determined by the
      President;
        (5) the terms "financial agency" and "financial institution"
      have the meanings given to such terms in section 5312(a) of title
      31 and the term "holding company" has the meaning given to such
      term in section 3401(6) of title 12;
        (6) the terms "foreign power" and "agent of a foreign power"
      have the same meanings as set forth in sections (!1) 1801(a) and
      (b), respectively, of this title;

        (7) the term "State" means each of the several States of the
      United States, the District of Columbia, the Commonwealth of
      Puerto Rico, the Commonwealth of the Northern Mariana Islands,
      the United States Virgin Islands, Guam, American Samoa, the
      Republic of the Marshall Islands, the Federated States of
      Micronesia, and the Republic of Palau, and any other possession
      of the United States; and
        (8) the term "computer" means any electronic, magnetic,
      optical, electrochemical, or other high speed data processing
      device performing logical, arithmetic, or storage functions, and
      includes any data storage facility or communications facility
      directly related to or operating in conjunction with such device
      and any data or other information stored or contained in such
      device.

-SOURCE-
    (July 26, 1947, ch. 343, title VIII, Sec. 804, as added Pub. L. 103-
    359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3438;
    amended Pub. L. 106-120, title III, Sec. 305(b), Dec. 3, 1999, 113
    Stat. 1611.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12356, referred to in par. (2), is set out as
    a note under section 435 of this title.
      The Atomic Energy Act of 1954, referred to in par. (2), is act
    Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and amended, which is classified generally to
    chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 2011 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      1999 - Par. (8). Pub. L. 106-120 added par. (8).

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-


-CITE-
    50 USC SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO
           INTELLIGENCE ACTIVITIES                         01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
           ACTIVITIES                                    

-HEAD-
      SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
                                ACTIVITIES

-End-



-CITE-
    50 USC Sec. 441                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
           ACTIVITIES                                    

-HEAD-
    Sec. 441. Stay of sanctions

-STATUTE-
      Notwithstanding any provision of law identified in section 441c
    of this title, 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 441b of this title 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 441a of this title.

-SOURCE-
    (July 26, 1947, ch. 343, title IX, Sec. 901, as added Pub. L. 104-
    93, title III, Sec. 303(a), Jan. 6, 1996, 109 Stat. 964.)

-End-



-CITE-
    50 USC Sec. 441a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
           ACTIVITIES                                    

-HEAD-
    Sec. 441a. Extension of stay

-STATUTE-
      Whenever the President determines and reports to Congress in
    accordance with section 441b of this title that a stay of sanctions
    or related actions pursuant to section 441 of this title 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 441 of this title for successive periods
    of not more than 120 days each.

-SOURCE-
    (July 26, 1947, ch. 343, title IX, Sec. 902, as added Pub. L. 104-
    93, title III, Sec. 303(a), Jan. 6, 1996, 109 Stat. 964.)

-End-



-CITE-
    50 USC Sec. 441b                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
           ACTIVITIES                                    

-HEAD-
    Sec. 441b. Reports

-STATUTE-
      Reports to Congress pursuant to sections 441 and 441a of this
    title shall be submitted promptly upon determinations under this
    subchapter. 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.

-SOURCE-
    (July 26, 1947, ch. 343, title IX, Sec. 903, as added Pub. L. 104-
    93, title III, Sec. 303(a), Jan. 6, 1996, 109 Stat. 964; amended
    Pub. L. 107-306, title III, Sec. 353(b)(2)(C), Nov. 27, 2002, 116
    Stat. 2402.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-306 substituted "congressional intelligence
    committees" for "Permanent Select Committee on Intelligence of the
    House of Representatives and the Select Committee on Intelligence
    of the Senate".

-End-



-CITE-
    50 USC Sec. 441c                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
           ACTIVITIES                                    

-HEAD-
    Sec. 441c. Laws subject to stay

-STATUTE-
      The President may use the authority of sections 441 and 441a of
    this title 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) [22 U.S.C. 5601 et seq.]; 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.

-SOURCE-
    (July 26, 1947, ch. 343, title IX, Sec. 904, as added Pub. L. 104-
    93, title III, Sec. 303(a), Jan. 6, 1996, 109 Stat. 965.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Chemical and Biological Weapons Control and Warfare
    Elimination Act of 1991, referred to in text, is title III of Pub.
    L. 102-182, Dec. 4, 1991, 105 Stat. 1245, as amended, which is
    classified principally to chapter 65 (Sec. 5601 et seq.) of Title
    22, Foreign Relations and Intercourse. For complete classification
    of this Act to the Code, see Short Title note set out under section
    5601 of Title 22 and Tables.
      The Nuclear Proliferation Prevention Act of 1994, referred to in
    text, is title VIII of Pub. L. 103-236, Apr. 30, 1994, 108 Stat.
    507, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 6301 of Title 22,
    Foreign Relations and Intercourse, and Tables.
      Title XVII of the National Defense Authorization Act for Fiscal
    Year 1991, referred to in text, is title XVII of div. A of Pub. L.
    101-510, Nov. 5, 1990, 104 Stat. 1750, as amended, which enacted
    section 2410b of the Appendix to this title and sections 2797 to
    2797c of Title 22, Foreign Relations and Intercourse, amended
    section 2405 of the Appendix to this title, and enacted provisions
    set out as notes under section 2402 of the Appendix to this title
    and section 2797 of Title 22. For complete classification of title
    XVII to the Code, see Tables.
      The Iran-Iraq Arms Nonproliferation Act of 1992, referred to in
    text, is title XVI of div. A of Pub. L. 102-484, Oct. 23, 1992, 106
    Stat. 2571, as amended, which is set out as a note under section
    1701 of this title.
      Section 573 of the Foreign Operations, Export Financing Related
    Programs Appropriations Act, 1994, referred to in text, probably
    means section 573 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1994, Pub. L. 103-87, title V,
    Sept. 30, 1993, 107 Stat. 972, which is not classified to the Code.
      Section 563 of the Foreign Operations, Export Financing Related
    Programs Appropriations Act, 1995, referred to in text, probably
    means section 563 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1995, Pub. L. 103-306, title
    V, Aug. 23, 1994, 108 Stat. 1649, which is not classified to the
    Code.

-End-



-CITE-
    50 USC Sec. 441d                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
           ACTIVITIES                                    

-HEAD-
    Sec. 441d. Repealed. Pub. L. 108-177, title III, Sec. 313(a), Dec.
      13, 2003, 117 Stat. 2610

-MISC1-
      Section, act July 26, 1947, ch. 343, title IX, Sec. 905, as added
    Pub. L. 104-93, title III, Sec. 303(a), Jan. 6, 1996, 109 Stat.
    965; amended Pub. L. 104-293, title III, Sec. 304, Oct. 11, 1996,
    110 Stat. 3464; Pub. L. 105-107, title III, Sec. 304, Nov. 20,
    1997, 111 Stat. 2252; Pub. L. 105-272, title III, Sec. 303, Oct.
    20, 1998, 112 Stat. 2400, provided that this subchapter would cease
    to be effective on Jan. 6, 2000.

-End-


-CITE-
    50 USC SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF
           NATIONAL INTELLIGENCE                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

-HEAD-
     SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE 

-End-


-CITE-
    50 USC Part A - Science and Technology                      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part A - Science and Technology

-HEAD-
                      PART A - SCIENCE AND TECHNOLOGY                  

-End-



-CITE-
    50 USC Sec. 441g                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part A - Science and Technology

-HEAD-
    Sec. 441g. Scholarships and work-study for pursuit of graduate
      degrees in science and technology

-STATUTE-
    (a) Program authorized
      The Director of National Intelligence may carry out a program to
    provide scholarships and work-study for individuals who are
    pursuing graduate degrees in fields of study in science and
    technology that are identified by the Director as appropriate to
    meet the future needs of the intelligence community for qualified
    scientists and engineers.
    (b) Administration
      If the Director of National Intelligence carries out the program
    under subsection (a) of this section, the Director of National
    Intelligence shall administer the program through the Office of the
    Director of National Intelligence.
    (c) Identification of fields of study
      If the Director of National Intelligence carries out the program
    under subsection (a) of this section, the Director shall identify
    fields of study under subsection (a) of this section in
    consultation with the other heads of the elements of the
    intelligence community.
    (d) Eligibility for participation
      An individual eligible to participate in the program is any
    individual who - 
        (1) either - 
          (A) is an employee of the intelligence community; or
          (B) meets criteria for eligibility for employment in the
        intelligence community that are established by the Director of
        National Intelligence;

        (2) is accepted in a graduate degree program in a field of
      study in science or technology identified under subsection (a) of
      this section; and
        (3) is eligible for a security clearance at the level of Secret
      or above.
    (e) Regulations
      If the Director of National Intelligence carries out the program
    under subsection (a) of this section, the Director shall prescribe
    regulations for purposes of the administration of this section.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1001, as added Pub. L. 107-
    306, title III, Sec. 331(a)(3), Nov. 27, 2002, 116 Stat. 2394;
    amended Pub. L. 108-458, title I, Secs. 1071(a)(1)(MM), (3)(C)-(F),
    1072(a)(8), Dec. 17, 2004, 118 Stat. 3689, 3690, 3692.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1001 of act July 26, 1947, ch. 343, was
    renumbered section 1101 and is classified to section 442 of this
    title.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458, Sec. 1071(a)(1)(MM),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (b). Pub. L. 108-458, Sec. 1072(a)(8), substituted
    "Office of the Director of National Intelligence" for "Assistant
    Director of Central Intelligence for Administration".
      Pub. L. 108-458, Sec. 1071(a)(3)(C), which directed amendment of
    subsec. (b) by substituting "Director of National Intelligence" for
    "Director" each place it appeared, was executed by making the
    substitution the first two places it appeared to reflect the
    probable intent of Congress.
      Subsec. (c). Pub. L. 108-458, Sec. 1071(a)(3)(D), substituted "If
    the Director of National Intelligence" for "If the Director".
      Subsec. (d)(1)(B). Pub. L. 108-458, Sec. 1071(a)(3)(E),
    substituted "Director of National Intelligence" for "Director".
      Subsec. (e). Pub. L. 108-458, Sec. 1071(a)(3)(F), substituted "If
    the Director of National Intelligence" for "If the Director".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

    PILOT PROGRAM ON RECRUITMENT AND TRAINING OF INTELLIGENCE ANALYSTS
      Pub. L. 108-177, title III, Sec. 318, Dec. 13, 2003, 117 Stat.
    2613, as amended by Pub. L. 108-458, title I, Secs.
    1071(g)(3)(A)(iii), 1072(d)(2)(B), Dec. 17, 2004, 118 Stat. 3692,
    3693, provided that:
      "(a) Pilot Program. - (1) The Director of National Intelligence
    shall carry out a pilot program to ensure that selected students or
    former students are provided funds to continue academic training,
    or are reimbursed for academic training previously obtained, in
    areas of specialization that the Director, in consultation with the
    other heads of the elements of the intelligence community,
    identifies as areas in which the current analytic capabilities of
    the intelligence community are deficient or in which future
    analytic capabilities of the intelligence community are likely to
    be deficient.
      "(2) A student or former student selected for participation in
    the pilot program shall commit to employment with an element of the
    intelligence community, following completion of appropriate
    academic training, under such terms and conditions as the Director
    considers appropriate.
      "(3) The pilot program shall be known as the Pat Roberts
    Intelligence Scholars Program.
      "(b) Elements. - In carrying out the pilot program under
    subsection (a), the Director shall - 
        "(1) establish such requirements relating to the academic
      training of participants as the Director considers appropriate to
      ensure that participants are prepared for employment as
      intelligence analysts; and
        "(2) periodically review the areas of specialization of the
      elements of the intelligence community to determine the areas in
      which such elements are, or are likely to be, deficient in
      analytic capabilities.
      "(c) Duration. - The Director shall carry out the pilot program
    under subsection (a) during fiscal years 2004 through 2006.
      "(d) Limitation on Number of Members During Fiscal Year 2004. -
    The total number of individuals participating in the pilot program
    under subsection (a) during fiscal year 2004 may not exceed 150
    students.
      "(e) Responsibility. - The Director shall carry out the pilot
    program under subsection (a) through the Deputy Director of
    National Intelligence.
      "(f) Reports. - (1) Not later than 120 days after the date of the
    enactment of this Act [Dec. 13, 2003], the Director shall submit to
    Congress a preliminary report on the pilot program under subsection
    (a), including a description of the pilot program and the
    authorities to be utilized in carrying out the pilot program.
      "(2) Not later than one year after the commencement of the pilot
    program, the Director shall submit to Congress a report on the
    pilot program. The report shall include - 
        "(A) a description of the activities under the pilot program,
      including the number of individuals who participated in the pilot
      program and the training provided such individuals under the
      pilot program;
        "(B) an assessment of the effectiveness of the pilot program in
      meeting the purpose of the pilot program; and
        "(C) any recommendations for additional legislative or
      administrative action that the Director considers appropriate in
      light of the pilot program.
      "(g) Funding. - Of the amounts authorized to be appropriated by
    this Act, $4,000,000 shall be available until expended to carry out
    this section."

-End-



-CITE-
    50 USC Sec. 441g-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part A - Science and Technology

-HEAD-
    Sec. 441g-1. Framework for cross-disciplinary education and
      training

-STATUTE-
      The Director of National Intelligence shall establish an
    integrated framework that brings together the educational
    components of the intelligence community in order to promote a more
    effective and productive intelligence community through cross-
    disciplinary education and joint training.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1002, as added Pub. L. 108-
    458, title I, Sec. 1042, Dec. 17, 2004, 118 Stat. 3679.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-End-



-CITE-
    50 USC Sec. 441g-2                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part A - Science and Technology

-HEAD-
    Sec. 441g-2. Intelligence Community Scholarship Program

-STATUTE-
    (a) Establishment
      (1) In general
        The Director of National Intelligence, in consultation with the
      head of each agency of the intelligence community, shall
      establish a scholarship program (to be known as the "Intelligence
      Community Scholarship Program") to award scholarships to
      individuals that is designed to recruit and prepare students for
      civilian careers in the intelligence community to meet the
      critical needs of the intelligence community agencies.
      (2) Selection of recipients
        (A) Merit and agency needs
          Individuals shall be selected to receive scholarships under
        this section through a competitive process primarily on the
        basis of academic merit and the needs of the agency.
        (B) Demonstrated commitment
          Individuals selected under this section shall have a
        demonstrated commitment to the field of study for which the
        scholarship is awarded.
      (3) Contractual agreements
        To carry out the Program the head of each agency shall enter
      into contractual agreements with individuals selected under
      paragraph (2) under which the individuals agree to serve as full-
      time employees of the agency, for the period described in
      subsection (g)(1) of this section, in positions needed by the
      agency and for which the individuals are qualified, in exchange
      for receiving a scholarship.
    (b) Eligibility
      In order to be eligible to participate in the Program, an
    individual shall - 
        (1) be enrolled or accepted for enrollment as a full-time
      student at an institution of higher education and be pursuing or
      intend to pursue undergraduate or graduate education in an
      academic field or discipline described in the list made available
      under subsection (d) of this section;
        (2) be a United States citizen; and
        (3) at the time of the initial scholarship award, not be an
      employee (as defined under section 2105 of title 5).
    (c) Application
      An individual seeking a scholarship under this section shall
    submit an application to the Director of National Intelligence at
    such time, in such manner, and containing such information,
    agreements, or assurances as the Director may require.
    (d) Programs and fields of study
      The Director of National Intelligence shall - 
        (1) make publicly available a list of academic programs and
      fields of study for which scholarships under the Program may be
      used; and
        (2) update the list as necessary.
    (e) Scholarships
      (1) In general
        The Director of National Intelligence may provide a scholarship
      under the Program for an academic year if the individual applying
      for the scholarship has submitted to the Director, as part of the
      application required under subsection (c) of this section, a
      proposed academic program leading to a degree in a program or
      field of study on the list made available under subsection (d) of
      this section.
      (2) Limitation on years
        An individual may not receive a scholarship under this section
      for more than 4 academic years, unless the Director of National
      Intelligence grants a waiver.
      (3) Student responsibilities
        Scholarship recipients shall maintain satisfactory academic
      progress.
      (4) Amount
        The dollar amount of a scholarship under this section for an
      academic year shall be determined under regulations issued by the
      Director of National Intelligence, but shall in no case exceed
      the cost of tuition, fees, and other authorized expenses as
      established by the Director.
      (5) Use of scholarships
        A scholarship provided under this section may be expended for
      tuition, fees, and other authorized expenses as established by
      the Director of National Intelligence by regulation.
      (6) Payment to institution of higher education
        The Director of National Intelligence may enter into a
      contractual agreement with an institution of higher education
      under which the amounts provided for a scholarship under this
      section for tuition, fees, and other authorized expenses are paid
      directly to the institution with respect to which the scholarship
      is provided.
    (f) Special consideration for current employees
      (1) Set aside of scholarships
        Notwithstanding paragraphs (1) and (3) of subsection (b) of
      this section, 10 percent of the scholarships awarded under this
      section shall be set aside for individuals who are employees of
      agencies on December 17, 2004, to enhance the education of such
      employees in areas of critical needs of agencies.
      (2) Full- or part-time education
        Employees who are awarded scholarships under paragraph (1)
      shall be permitted to pursue undergraduate or graduate education
      under the scholarship on a full-time or part-time basis.
    (g) Employee service
      (1) Period of service
        Except as provided in subsection (i)(2) of this section, the
      period of service for which an individual shall be obligated to
      serve as an employee of the agency is 24 months for each academic
      year for which a scholarship under this section is provided.
      Under no circumstances shall the total period of obligated
      service be more than 8 years.
      (2) Beginning of service
        (A) In general
          Except as provided in subparagraph (B), obligated service
        under paragraph (1) shall begin not later than 60 days after
        the individual obtains the educational degree for which the
        scholarship was provided.
        (B) Deferral
          In accordance with regulations established by the Director of
        National Intelligence, the Director or designee may defer the
        obligation of an individual to provide a period of service
        under paragraph (1) if the Director or designee determines that
        such a deferral is appropriate.
    (h) Repayment
      (1) In general
        Scholarship recipients who fail to maintain a high level of
      academic standing, as defined by the Director of National
      Intelligence, who are dismissed from their educational
      institutions for disciplinary reasons, or who voluntarily
      terminate academic training before graduation from the
      educational program for which the scholarship was awarded, shall
      be in breach of their contractual agreement and, in lieu of any
      service obligation arising under such agreement, shall be liable
      to the United States for repayment within 1 year after the date
      of default of all scholarship funds paid to them and to the
      institution of higher education on their behalf under the
      agreement, except as provided in subsection (i)(2) of this
      section. The repayment period may be extended by the Director
      when determined to be necessary, as established by regulation.
      (2) Liability
        Scholarship recipients who, for any reason, fail to begin or
      complete their service obligation after completion of academic
      training, or fail to comply with the terms and conditions of
      deferment established by the Director of National Intelligence
      under subsection (i)(2)(B) (!1) of this section, shall be in
      breach of their contractual agreement. When recipients breach
      their agreements for the reasons stated in the preceding
      sentence, the recipient shall be liable to the United States for
      an amount equal to - 

          (A) the total amount of scholarships received by such
        individual under this section; and
          (B) the interest on the amounts of such awards which would be
        payable if at the time the awards were received they were loans
        bearing interest at the maximum legal prevailing rate, as
        determined by the Treasurer of the United States, multiplied by
        3.
    (i) Cancellation, waiver, or suspension of obligation
      (1) Cancellation
        Any obligation of an individual incurred under the Program (or
      a contractual agreement thereunder) for service or payment shall
      be canceled upon the death of the individual.
      (2) Waiver or suspension
        The Director of National Intelligence shall prescribe
      regulations to provide for the partial or total waiver or
      suspension of any obligation of service or payment incurred by an
      individual under the Program (or a contractual agreement
      thereunder) whenever compliance by the individual is impossible
      or would involve extreme hardship to the individual, or if
      enforcement of such obligation with respect to the individual
      would be contrary to the best interests of the Government.
    (j) Regulations
      The Director of National Intelligence shall prescribe regulations
    necessary to carry out this section.
    (k) Definitions
      In this section:
      (1) Agency
        The term "agency" means each element of the intelligence
      community as determined by the Director of National Intelligence.
      (2) Institution of higher education
        The term "institution of higher education" has the meaning
      given that term under section 1001 of title 20.
      (3) Program
        The term "Program" means the Intelligence Community Scholarship
      Program established under subsection (a) of this section.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1003, as added Pub. L. 108-
    458, title I, Sec. 1043, Dec. 17, 2004, 118 Stat. 3679.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section take effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    this title.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out in an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(g)(2)(B)".


-End-


-CITE-
    50 USC Part B - Foreign Languages Program                   01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part B - Foreign Languages Program

-HEAD-
                    PART B - FOREIGN LANGUAGES PROGRAM                

-End-



-CITE-
    50 USC Sec. 441j                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part B - Foreign Languages Program

-HEAD-
    Sec. 441j. Program on advancement of foreign languages critical to
      the intelligence community

-STATUTE-
    (a) In general
      The Secretary of Defense and the Director of National
    Intelligence may jointly carry out a program to advance skills in
    foreign languages that are critical to the capability of the
    intelligence community to carry out the national security
    activities of the United States (hereinafter in this part referred
    to as the "Foreign Languages Program").
    (b) Identification of requisite actions
      In order to carry out the Foreign Languages Program, the
    Secretary of Defense and the Director of National Intelligence
    shall jointly identify actions required to improve the education of
    personnel in the intelligence community in foreign languages that
    are critical to the capability of the intelligence community to
    carry out the national security activities of the United States and
    to meet the long-term intelligence needs of the United States.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1011, as added Pub. L. 108-
    487, title VI, Sec. 612(a)(2), Dec. 23, 2004, 118 Stat. 3955.)

-End-



-CITE-
    50 USC Sec. 441j-1                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part B - Foreign Languages Program

-HEAD-
    Sec. 441j-1. Education partnerships

-STATUTE-
    (a) In general
      In carrying out the Foreign Languages Program, the head of a
    covered element of the intelligence community may enter into one or
    more education partnership agreements with educational institutions
    in the United States in order to encourage and enhance the study in
    such educational institutions of foreign languages that are
    critical to the capability of the intelligence community to carry
    out the national security activities of the United States.
    (b) Assistance provided under educational partnership agreements
      Under an educational partnership agreement entered into with an
    educational institution pursuant to this section, the head of a
    covered element of the intelligence community may provide the
    following assistance to the educational institution:
        (1) The loan of equipment and instructional materials of the
      element of the intelligence community to the educational
      institution for any purpose and duration that the head of the
      element considers appropriate.
        (2) Notwithstanding any other provision of law relating to the
      transfer of surplus property, the transfer to the educational
      institution of any computer equipment, or other equipment, that
      is - 
          (A) commonly used by educational institutions;
          (B) surplus to the needs of the element of the intelligence
        community; and
          (C) determined by the head of the element to be appropriate
        for support of such agreement.

        (3) The provision of dedicated personnel to the educational
      institution - 
          (A) to teach courses in foreign languages that are critical
        to the capability of the intelligence community to carry out
        the national security activities of the United States; or
          (B) to assist in the development for the educational
        institution of courses and materials on such languages.

        (4) The involvement of faculty and students of the educational
      institution in research projects of the element of the
      intelligence community.
        (5) Cooperation with the educational institution in developing
      a program under which students receive academic credit at the
      educational institution for work on research projects of the
      element of the intelligence community.
        (6) The provision of academic and career advice and assistance
      to students of the educational institution.
        (7) The provision of cash awards and other items that the head
      of the element of the intelligence community considers
      appropriate.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1012, as added Pub. L. 108-
    487, title VI, Sec. 612(a)(2), Dec. 23, 2004, 118 Stat. 3956.)

-End-



-CITE-
    50 USC Sec. 441j-2                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part B - Foreign Languages Program

-HEAD-
    Sec. 441j-2. Voluntary services

-STATUTE-
    (a) Authority to accept services
      Notwithstanding section 1342 of title 31 and subject to
    subsection (b) of this section, the Foreign Languages Program under
    section 441j of this title shall include authority for the head of
    a covered element of the intelligence community to accept from any
    dedicated personnel voluntary services in support of the activities
    authorized by this part.
    (b) Requirements and limitations
      (1) In accepting voluntary services from an individual under
    subsection (a) of this section, the head of a covered element of
    the intelligence community shall - 
        (A) supervise the individual to the same extent as the head of
      the element would supervise a compensated employee of that
      element providing similar services; and
        (B) ensure that the individual is licensed, privileged, has
      appropriate educational or experiential credentials, or is
      otherwise qualified under applicable law or regulations to
      provide such services.

      (2) In accepting voluntary services from an individual under
    subsection (a) of this section, the head of a covered element of
    the intelligence community may not - 
        (A) place the individual in a policymaking position, or other
      position performing inherently governmental functions; or
        (B) compensate the individual for the provision of such
      services.
    (c) Authority to recruit and train individuals providing services
      The head of a covered element of the intelligence community may
    recruit and train individuals to provide voluntary services under
    subsection (a) of this section.
    (d) Status of individuals providing services
      (1) Subject to paragraph (2), while providing voluntary services
    under subsection (a) of this section or receiving training under
    subsection (c) of this section, an individual shall be considered
    to be an employee of the Federal Government only for purposes of
    the following provisions of law:
        (A) Section 552a of title 5 (relating to maintenance of records
      on individuals).
        (B) Chapter 11 of title 18 (relating to conflicts of interest).

      (2)(A) With respect to voluntary services under paragraph (1)
    provided by an individual that are within the scope of the services
    accepted under that paragraph, the individual shall be deemed to be
    a volunteer of a governmental entity or nonprofit institution for
    purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501
    et seq.).
      (B) In the case of any claim against such an individual with
    respect to the provision of such services, section 4(d) of such Act
    (42 U.S.C. 14503(d)) shall not apply.
      (3) Acceptance of voluntary services under this section shall
    have no bearing on the issuance or renewal of a security clearance.
    (e) Reimbursement of incidental expenses
      (1) The head of a covered element of the intelligence community
    may reimburse an individual for incidental expenses incurred by the
    individual in providing voluntary services under subsection (a) of
    this section. The head of a covered element of the intelligence
    community shall determine which expenses are eligible for
    reimbursement under this subsection.
      (2) Reimbursement under paragraph (1) may be made from
    appropriated or nonappropriated funds.
    (f) Authority to install equipment
      (1) The head of a covered element of the intelligence community
    may install telephone lines and any necessary telecommunication
    equipment in the private residences of individuals who provide
    voluntary services under subsection (a) of this section.
      (2) The head of a covered element of the intelligence community
    may pay the charges incurred for the use of equipment installed
    under paragraph (1) for authorized purposes.
      (3) Notwithstanding section 1348 of title 31, the head of a
    covered element of the intelligence community may use appropriated
    funds or nonappropriated funds of the element in carrying out this
    subsection.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1013, as added Pub. L. 108-
    487, title VI, Sec. 612(a)(2), Dec. 23, 2004, 118 Stat. 3957.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Volunteer Protection Act of 1997, referred to in
    subsec.(d)(2)(A), is Pub. L. 105-19, June 18, 1997, 111 Stat. 218,
    which is classified generally to chapter 139 (Sec. 14501 et seq.)
    of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 14501 of Title 42 and Tables.

-End-



-CITE-
    50 USC Sec. 441j-3                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part B - Foreign Languages Program

-HEAD-
    Sec. 441j-3. Regulations

-STATUTE-
    (a) In general
      The Secretary of Defense and the Director of National
    Intelligence shall jointly prescribe regulations to carry out the
    Foreign Languages Program.
    (b) Elements of the intelligence community
      The head of each covered element of the intelligence community
    shall prescribe regulations to carry out sections 441j-1 and 441j-2
    of this title with respect to that element including the following:
        (1) Procedures to be utilized for the acceptance of voluntary
      services under section 441j-2 of this title.
        (2) Procedures and requirements relating to the installation of
      equipment under section 441j-2(f) of this title.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1014, as added Pub. L. 108-
    487, title VI, Sec. 612(a)(2), Dec. 23, 2004, 118 Stat. 3958.)

-End-



-CITE-
    50 USC Sec. 441j-4                                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part B - Foreign Languages Program

-HEAD-
    Sec. 441j-4. Definitions

-STATUTE-
      In this part:
        (1) The term "covered element of the intelligence community"
      means an agency, office, bureau, or element referred to in
      subparagraphs (B) through (L) of section 401a(4) of this title.
        (2) The term "educational institution" means - 
          (A) a local educational agency (as that term is defined in
        section 7801(26) of title 20);
          (B) an institution of higher education (as defined in section
        1002 of title 20, other than institutions referred to in
        subsection (a)(1)(C) of such section); or
          (C) any other nonprofit institution that provides instruction
        of foreign languages in languages that are critical to the
        capability of the intelligence community to carry out national
        security activities of the United States.

        (3) The term "dedicated personnel" means employees of the
      intelligence community and private citizens (including former
      civilian employees of the Federal Government who have been
      voluntarily separated, and members of the United States Armed
      Forces who have been honorably discharged, honorably separated,
      or generally discharged under honorable circumstances and rehired
      on a voluntary basis specifically to perform the activities
      authorized under this part).

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1015, as added Pub. L. 108-
    487, title VI, Sec. 612(a)(2), Dec. 23, 2004, 118 Stat. 3958.)

-End-


-CITE-
    50 USC Part C - Additional Education Provisions             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part C - Additional Education Provisions

-HEAD-
                 PART C - ADDITIONAL EDUCATION PROVISIONS             

-End-



-CITE-
    50 USC Sec. 441m                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
    Part C - Additional Education Provisions

-HEAD-
    Sec. 441m. Assignment of intelligence community personnel as
      language students

-STATUTE-
    (a) In general
      The Director of National Intelligence, acting through the heads
    of the elements of the intelligence community, may assign employees
    of such elements in analyst positions requiring foreign language
    expertise as students at accredited professional, technical, or
    other institutions of higher education for training at the graduate
    or undergraduate level in foreign languages required for the
    conduct of duties and responsibilities of such positions.
    (b) Authority for reimbursement of costs of tuition and training
      (1) The Director of National Intelligence may reimburse an
    employee assigned under subsection (a) of this section for the
    total cost of the training described in that subsection, including
    costs of educational and supplementary reading materials.
      (2) The authority under paragraph (1) shall apply to employees
    who are assigned on a full-time or part-time basis.
      (3) Reimbursement under paragraph (1) may be made from
    appropriated or nonappropriated funds.
    (c) Relationship to compensation as an analyst
      Reimbursement under this section to an employee who is an analyst
    is in addition to any benefits, allowances, travel expenses, or
    other compensation the employee is entitled to by reason of serving
    in such an analyst position.

-SOURCE-
    (July 26, 1947, ch. 343, title X, Sec. 1021, as added Pub. L. 108-
    487, title VI, Sec. 612(a)(2), Dec. 23, 2004, 118 Stat. 3959.)

-End-


-CITE-
    50 USC SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS
           PROVISIONS                                      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS

-HEAD-
           SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS       

-End-



-CITE-
    50 USC Sec. 442                                             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 442. Applicability to United States intelligence activities of
      Federal laws implementing international treaties and agreements

-STATUTE-
    (a) In general
      No Federal law enacted on or after December 27, 2000, that
    implements a treaty or other international agreement shall be
    construed as making unlawful an otherwise lawful and authorized
    intelligence activity of the United States Government or its
    employees, or any other person to the extent such other person is
    carrying out such activity on behalf of, and at the direction of,
    the United States, unless such Federal law specifically addresses
    such intelligence activity.
    (b) Authorized intelligence activities
      An intelligence activity shall be treated as authorized for
    purposes of subsection (a) of this section if the intelligence
    activity is authorized by an appropriate official of the United
    States Government, acting within the scope of the official duties
    of that official and in compliance with Federal law and any
    applicable Presidential directive.

-SOURCE-
    (July 26, 1947, ch. 343, title XI, Sec. 1101, formerly title X,
    Sec. 1001, as added Pub. L. 106-567, title III, Sec. 308(a), Dec.
    27, 2000, 114 Stat. 2839; renumbered title XI, Sec. 1101, Pub. L.
    107-306, title III, Sec. 331(a)(1), (2), Nov. 27, 2002, 116 Stat.
    2394.)

-End-



-CITE-
    50 USC Sec. 442a                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 15 - NATIONAL SECURITY
    SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 442a. Counterintelligence initiatives

-STATUTE-
    (a) Inspection process
      (1) In order to protect intelligence sources and methods from
    unauthorized disclosure, the Director of National Intelligence
    shall establish and implement an inspection process for all
    agencies and departments of the United States that handle
    classified information relating to the national security of the
    United States intended to assure that those agencies and
    departments maintain effective operational security practices and
    programs directed against counterintelligence activities.
      (2) The Director shall carry out the process through the Office
    of the National Counterintelligence Executive.
    (b) Annual review of dissemination lists
      (1) The Director of National Intelligence shall establish and
    implement a process for all elements of the intelligence community
    to review, on an annual basis, individuals included on distribution
    lists for access to classified information. Such process shall
    ensure that only individuals who have a particularized "need to
    know" (as determined by the Director) are continued on such
    distribution lists.
      (2) Not later than October 15 of each year, the Director shall
    certify to the congressional intelligence committees that the
    review required under paragraph (1) has been conducted in all
    elements of the intelligence community during the preceding fiscal
    year.
    (c) Completion of financial disclosure statements required for
      access to certain classified information
      (1) The Director of National Intelligence shall establish and
    implement a process by which each head of an element of the
    intelligence community directs that all employees of that element,
    in order to be granted access to classified information referred to
    in subsection (a) of section 1.3 of Executive Order No. 12968
    (August 2, 1995; 60 Fed. Reg. 40245; 50 U.S.C. 435 note), submit
    financial disclosure forms as required under subsection (b) of such
    section.
      (2) The Director shall carry out paragraph (1) through the Office
    of the National Counterintelligence Executive.
    (d) Arrangements to handle sensitive information
      The Director of National Intelligence shall establish, for all
    elements of the intelligence community, programs and procedures by
    which sensitive classified information relating to human
    intelligence is safeguarded against unauthorized disclosure by
    employees of those elements.

-SOURCE-
    (July 26, 1947, ch. 343, title XI, Sec. 1102, as added Pub. L. 108-
    177, title III, Sec. 341(a)(1), Dec. 13, 2003, 117 Stat. 2615;
    amended Pub. L. 108-458, title I, Sec. 1071(a)(1)(NN)-(QQ), Dec.
    17, 2004, 118 Stat. 3689, 3690.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(NN),
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".
      Subsec. (b)(1). Pub. L. 108-458, Sec. 1071(a)(1)(OO), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      Subsec. (c)(1). Pub. L. 108-458, Sec. 1071(a)(1)(PP), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      Subsec. (d). Pub. L. 108-458, Sec. 1071(a)(1)(QQ), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-