415. 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. Reporting of intelligence activities other than covert actions. OF OPER ATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY 431. Presidential approval and reporting of covert 432. actions. (a) Presidential findings. (b) Reports to intelligence committees; production of information. (c) Timing of reports; access to finding. (d) Changes in previously approved ac tions. (e) "Covert action” defined. (f) Prohibition on covert actions intend ed to influence United States political processes, etc. Funding of intelligence activities. (a) Obligations and expenditures for intelligence or intelligence-related activity; prerequisites. (b) Activities denied funding by Con gress. (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. Notice to Congress of certain transfers of defense articles and defense services. Exemption of certain operational files from search, review, publication, or disclosure. (a) Exemption by Director of Central Intelligence. (b) "Operational files" defined. (c) Search and review for information. (f) Allegation; improper withholding of records; judicial review. Decennial review of exempted operational files. (a) Review by Director of Central Intelli gence. (b) Consideration; public interest. (c) Judicial review. historical value; SUBCHAPTER VI-ACCESS TO CLASSIFIED § 401. Congressional declaration of purpose 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. (July 26, 1947, ch. 343, § 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, § 2, 63 Stat. 579; Aug. 6, 1958, Pub. L. 85-599, § 2, 72 Stat. 514.) 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. AMENDMENTS 1958-Pub. L. 85-599 amended section generally, and, among other changes, provided that each military department shall be separately organized, instead of separately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relating to establishment of unified or specified combatant commands and for elimination of unnecessary duplication. 1949 Act Aug. 10, 1949, provided that the military departments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff. EFFECTIVE DATE Section 310 of act July 26, 1947, provided: "(a) The first sentence of section 202(a) [section 171a of former Title 5, Executive Departments and Government Officers and Employees] and sections 1, 2, 307, 308, 309, and 310 [section 171 note of former Title 5, section 361 of this title, and sections 171m and 171n of former Title 5] shall take effect immediately upon the enactment of this Act [July 26, 1947]. "(b) Except as provided in subsection (a), the provisions of this Act [sections 171 to 1711, 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 1994 AMENDMENT Pub. L. 103-359, title VIII, § 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 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, § 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, § 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, § 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 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 51 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 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, 19491, any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force." SEPARABILITY Section 309 of act July 26, 1947, provided: "If any provision of this Act [see Short Title note above] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other per sons 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.] COMMISSION ON ROLES AND CAPABILITIES OF UNITED STATES INTELLIGENCE COMMUNITY Pub. L. 103-359, title IX, Oct. 14, 1994, 108 Stat. 3456, provided that: "SEC. 901. ESTABLISHMENT. "There is established a commission to be known as the Commission on the Roles and Capabilities of the United States Intelligence Community (hereafter in this title referred to as the 'Commission'). "SEC. 902. COMPOSITION AND QUALIFICATIONS. "(a) MEMBERSHIP.-(1) The Commission shall be composed of 17 members, as follows: "(A) Nine members shall be appointed by the President from private life, no more than four of whom shall have previously held senior leadership positions in the intelligence community and no more than five of whom shall be members of the same political party. "(B) Two members shall be appointed by the majority leader of the Senate, of whom one shall be a Member of the Senate and one shall be from private life. "(C) Two members shall be appointed by the minority leader of the Senate, of whom one shall be a Member of the Senate and one shall be from private life. "(D) Two members shall be appointed by the Speaker of the House of Representatives, of whom one shall be a Member of the House and one shall be from private life. "(E) Two members shall be appointed by the Minority Leader of the House of Representatives, of whom one shall be a Member of the House and one shall be from private life. "(2) The members of the Commission appointed from private life under paragraph (1) shall be persons of demonstrated ability and accomplishment in government, business, law, academe, journalism, or other profession, who have a substantial background in national security matters. "(b) CHAIRMAN AND VICE CHAIRMAN.-The President shall designate two of the members appointed from private life to serve as Chairman and Vice Chairman, respectively, of the Commission. "(c) PERIOD OF APPOINTMENT; VACANCIES.-Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner as the original appointment. "(d) DEADLINE FOR APPOINTMENTS.-The appointments required by subsection (a) shall be made within 45 days after the date of enactment of this Act [Oct. 14, 1994). "(e) MEETINGS.-(1) The Commission shall meet at the call of the Chairman. "(2) The Commission shall hold its first meeting not later than four months after the date of enactment of this Act. "(f) QUORUM.-Nine members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings, take testimony, or receive evidence. "(g) SECURITY CLEARANCES.-Appropriate security clearances shall be required for members of the Commission who are private United States citizens. Such clearances shall be processed and completed on an expedited basis by appropriate elements of the executive branch of Government and shall, in any case, be completed within 90 days of the date such members are appointed. "(h) APPLICATION OF CERTAIN PROVISIONS OF LAW.In light of the extraordinary and sensitive nature of its deliberations, the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), and the regulations prescribed by the Administrator of General Services pursuant to that Act, shall not apply to the Commission. Further, the provisions of section 552 of title 5, United States Code (commonly known as the 'Freedom of Information Act'), shall not apply to the Commission; however, records of the Commission shall be subject to the Federal Records Act [probably means chapters 21 to 31 of Title 44, Public Printing and Documents] and, when transferred to the National Archives and Records Agency, shall no longer be exempt from the provisions of such section 552. "SEC. 903. DUTIES OF THE COMMISSION. "(a) IN GENERAL.-It shall be the duty of the Commission "(1) to review the efficacy and appropriateness of the activities of the United States intelligence community in the post-cold war global environment; and "(2) to prepare and transmit the reports described in section 904. "(b) IMPLEMENTATION.-In carrying out subsection (a), the Commission shall specifically consider the following: "(1) What should be the roles and missions of the intelligence community in terms of providing support to the defense and foreign policy establishments and how should these relate to tactical intelligence activities. "(2) Whether the roles and missions of the intelligence community should extend beyond the traditional areas of providing support to the defense and foreign policy establishments, and, if so, what areas should be considered legitimate for intelligence collection and analysis, and whether such areas should include, for example, economic issues, environmental issues, and health issues. "(3) What functions, if any, should continue to be assigned to the organizations of the intelligence community, including the Central Intelligence Agency, and what capabilities should these organizations retain for the future. "(4) Whether the existing organization and management framework of the organizations of the in- · telligence community, including the Central Intelligence Agency, provide the optimal structure for the accomplishment of their missions. "(5) Whether existing principles and strategies governing the acquisition and maintenance of intelligence collection capabilities should be retained and what collection capabilities should the Government retain to meet future contingencies. "(6) Whether intelligence analysis, as it is currently structured and executed, adds sufficient value to information otherwise available to the Government to justify its continuation, and, if so, at what level of resources. "(7) Whether the existing decentralized system of intelligence analysis results in significant waste or duplication, and, if so, what can be done to correct these deficiencies. "(8) Whether the existing arrangements for allocating available resources to accomplish the roles and missions assigned to intelligence agencies are adequate. "(9) Whether the existing framework for coordinating among intelligence agencies with respect to intelligence collection and analysis and other activities, including training and operational activities, provides an optimal structure for such coordination. "(10) Whether current personnel policies and practices of intelligence agencies provide an optimal work force to satisfy the needs of intelligence con sumers. "(11) Whether resources for intelligence activities should continue to be allocated as part of the defense budget or be treated by the President and Congress as a separate budgetary program. "(12) Whether the existing levels of resources allocated for intelligence collection or intelligence analysis, or to provide a capability to conduct covert actions, are seriously at variance with United States needs. "(13) Whether there are areas of redundant or overlapping activity or areas where there is evidence of serious waste, duplication, or mismanagement. "(14) To what extent, if any, should the budget for United States intelligence activities be publicly disclosed. "(15) To what extent, if any, should the United States intelligence community collect information bearing upon private commercial activity and the manner in which such information should be controlled and disseminated. "(16) Whether counterintelligence policies and practices are adequate to ensure that employees of intelligence agencies are sensitive to security problems, and whether intelligence agencies themselves have adequate authority and capability to address perceived security problems. "(17) The manner in which the size, missions, capabilities, and resources of the United States intelligence community compare to those of other countries. "(18) Whether existing collaborative arrangements between the United States and other countries in the area of intelligence cooperation should be maintained and whether such arrangements should be expanded to provide for increased burdensharing. "(19) Whether existing arrangements for sharing intelligence with multinational organizations in support of mutually shared objectives are adequate. "SEC. 904. REPORTS. "(a) INITIAL REPORT.-Not later than two months after the first meeting of the Commission, the Commission shall transmit to the congressional intelligence committees a report setting forth its plan for the work of the Commission. "(b) INTERIM REPORTS.-Prior to the submission of the report required by subsection (c), the Commission may issue such interim reports as it finds necessary and desirable. "(c) FINAL REPORT.-No later than March 1, 1996, the Commission shall submit to the President and to the congressional intelligence committees a report setting forth the activities, findings, and recommendations of the Commission, including any recommendations for the enactment of legislation that the Commission considers advisable. To the extent feasible, such report shall be unclassified and made available to the public. Such report shall be supplemented as necessary by a classified report or annex, which shall be provided separately to the President and the congressional intelligence committees. "SEC. 905. POWERS. "(a) HEARINGS.-The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this title, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. "(b) INFORMATION FROM FEDERAL AGENCIES.-The Commission may secure directly from any intelligence agency or from any other Federal department or agency any information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this section. Upon request of the Chairman of the Commission, the head of any such department or agency shall furnish such information expeditiously to the Commission. "(c) POSTAL, PRINTING AND BINDING SERVICES.-The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. "(d) SUBCOMMITTEES.-The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. "(e) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.-Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this title. "SEC. 906. PERSONNEL MATTERS. “(a) COMPENSATION OF MEMBERS.-Each member of the Commission who is a private United States citizen shall be paid, if requested, at a rate equal to the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. All members of the Commission who are Members of Congress shall serve without compensation in addition to that received for their services as Members of Congress. "(b) TRAVEL EXPENSES.-Each member of the Commission 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 services for the Commission. "(c) STAFF. "(1) IN GENERAL.-The Chairman of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. The staff director of the Commission shall be appointed from private life, and such appointment shall be subject to the approval of the Commission as a whole. No member of the professional staff may be a current officer or employee of an intelligence agency, except that up to three current employees of intelligence agencies who are on rotational assignment to the Executive Office of the President may serve on the Commission staff, subject to the approval of the Commission as a whole. "(2) COMPENSATION.-The Chairman of the Commission may fix the pay of the staff director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. "(d) DETAIL OF GOVERNMENT EMPLOYEES.-Upon request of the Chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its administrative and clerical functions. "(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.-The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title. “(f) ADMINISTRATIVE AND SUPPORT SERVICES.-The Director of Central Intelligence shall furnish the Commission, on a non-reimbursable basis, any administrative and support services requested by the Commission consistent with this title. “SEC. 907. PAYMENT OF COMMISSION EXPENSES. "The compensation, travel expenses, per diem allowances of members and employees of the Commission, and other expenses of the Commission shall be paid out of funds available to the Director of Central Intelligence for the payment of compensation, travel allowances, and per diem allowances, respectively, of employees of the Central Intelligence Agency. "SEC. 908. TERMINATION OF THE COMMISSION. "The Commission shall terminate one month after the date of the submission of the report required by section 904(c). "SEC. 909. DEFINITIONS. "For purposes of this title "(1) the term 'intelligence agency' means any agency, office, or element of the intelligence community; "(2) the term 'intelligence community' shall have the same meaning as set forth in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)); and "(3) the term 'congressional intelligence committees' refers to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives." NATIONAL COMMISSION ON DEFENSE AND NATIONAL SECURITY Pub. L. 101-511, title VIII, § 8104, Nov. 5, 1990, 104 Stat. 1898, as amended by Pub. L. 102-172, title VIII, § 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: |