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(B) otherwise assist the Director in carrying (5) perform such other functions and duties out the responsibilities described in subsec- related to intelligence affecting the national tion (a) of this section.

security as the President or the National Se(3) Within their respective areas of expertise

curity Council may direct. and under the direction of the Director, the (July 26, 1947, ch. 343, title I, § 103, as added members of the Council shall constitute the Oct. 24, 1992, Pub. L. 102-496, title VII, senior intelligence advisers of the intelligence $705(a)(3), 106 Stat. 3190; amended Dec. 3, community for purposes of representing the 1993, Pub. L. 103-178, title V, $ 502, 107 Stat. views of the intelligence community within the 2038.) Government. (4) The Director shall make available to the

PRIOR PROVISIONS Council such staff as may be necessary to A prior section 103 of act July 26, 1947, was renumpermit the Council to carry out its responsibil- bered section 107 and is classified to section 404 of this ities under this subsection and shall take appro

title. priate measures to ensure that the Council and

AMENDMENTS its staff satisfy the needs of policymaking offi. cials and other consumers of intelligence.

1993–Subsec. (d)(3). Pub. L. 103-178 substituted (5) The heads of elements within the intelli

“provide" for "providing". gence community shall, as appropriate, furnish

IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE such support to the Council, including the

INTELLIGENCE BUDGET preparation of intelligence analyses, as may be

Pub. L. 103-359, title VI, $ 603, Oct. 14, 1994, 108 required by the Director.

Stat. 3433, provided that: "The Director of Central In(c) Head of intelligence community

telligence shall include the same level of budgetary In the Director's capacity as head of the in

detail for the Base Budget that is provided for On

going Initiatives and New Initiatives to the Permanent telligence community, the Director shall

Select Committee on Intelligence of the House of Rep(1) develop and present to the President an

resentatives and the Select Committee on Intelligence annual budget for the National Foreign Intel- of the Senate in the congressional justification materiligence Program of the United States;

als for the annual submission of the National Foreign (2) establish the requirements and priorities Intelligence Program of each fiscal year.” to govern the collection of national intelli

SECTION REFERRED TO IN OTHER SECTIONS gence by elements of the intelligence community;

This section is referred to in sections 401a, 403-5, (3) promote and evaluate the utility of na

4031, 403g, 411, 2011 of this title. tional intelligence to consumers within the

8 403–4. Authorities of Director of Central IntelliGovernment; (4) eliminate waste and unnecessary dupli

gence cation within the intelligence community; (a) Access to intelligence (5) protect intelligence sources and methods

To the extent recommended by the National from unauthorized disclosure; and

Security Council and approved by the Presi(6) perform such other functions as the

dent, the Director of Central Intelligence shall President or the National Security Council

have access to all intelligence related to the namay direct.

tional security which is collected by any depart(d) Head of Central Intelligence Agency

ment, agency, or other entity of the United In the Director's capacity as head of the Cen- States. tral Intelligence Agency, the Director shall

(b) Approval of budgets (1) collect intelligence through human sources and by other appropriate means,

The Director of Central Intelligence shall except that the Agency shall have no police,

provide guidance to elements of the intelligence subpoena, or law enforcement powers or in

community for the preparation of their annual ternal security functions;

budgets and shall approve such budgets before (2) provide overall direction for the collec

their incorporation in the National Foreign Intion of national intelligence through human

telligence Program. sources by elements of the intelligence com- (c) Role of DCI in reprogramming munity authorized to undertake such collec

No funds made available under the National tion and, in coordination with other agencies Foreign Intelligence Program may be reproof the Government which are authorized to

grammed by any element of the intelligence undertake such collection, ensure that the community without the prior approval of the most effective use is made of resources and

Director of Central Intelligence except in acthat the risks to the United States and those

cordance with procedures issued by the Direcinvolved in such collection are minimized;

tor. (3) correlate and evaluate intelligence related to the national security and provide appro

(d) Transfer of funds or personnel within National priate dissemination of such intelligence;

Foreign Intelligence Program (4) perform such additional services as are (1) In addition to any other authorities avail. of common concern to the elements of the in- able under law for such purposes, the Director telligence community, which services the Di- of Central Intelligence, with the approval of rector of Central Intelligence determines can the Director of the Office of Management and be more efficiently accomplished centrally; Budget, may transfer funds appropriated for a and

program within the National Foreign Intelligence Program to another such program and, in (f) Use of personnel accordance with procedures to be developed by

The Director shall, in coordination with the the Director and the heads of affected depart

heads of departments and agencies with elements and agencies, may transfer personnel au

ments in the intelligence community, institute thorized for an element of the intelligence com

policies and programs within the intelligence munity to another such element for periods up

communityto a year.

(1) to provide for the rotation of personnel (2) A transfer of funds or personnel may be between the elements of the intelligence commade under this subsection only if

munity, where appropriate, and to make such (A) the funds or personnel are being trans

rotated service a factor to be considered for ferred to an activity that is a higher priority

promotion to senior positions; and intelligence activity;

(2) to consolidate, wherever possible, per(B) the need for funds or personnel for such

sonnel, administrative, and security programs activity is based on unforeseen requirements;

to reduce the overall costs of these activities (C) the transfer does not involve a transfer within the intelligence community. of funds to the Reserve for Contingencies of the Central Intelligence Agency;

(g) Termination of employment of CIA employees (D) the transfer does not involve a transfer Notwithstanding the provisions of any other of funds or personnel from the Federal law, the Director may, in the Director's discreBureau of Investigation; and

tion, terminate the employment of any officer (E) the Secretary or head of the depart- or employee of the Central Intelligence Agency ment which contains the affected element or whenever the Director shall deem such termielements of the intelligence community does nation necessary or advisable in the interests of not object to such transfer.

the United States. Any such termination shall

not affect the right of the officer or employee (3) Funds transferred under this subsection

terminated to seek or accept employment in shall remain available for the same period as the appropriations account to which trans

any other department or agency of the Govern

ment if declared eligible for such employment ferred.

by the Office of Personnel Management. (4) Any transfer of funds under this subsection shall be carried out in accordance with ex- (July 26, 1947, ch. 343, title I, $ 104, as added isting procedures applicable to reprogramming Oct. 24, 1992, Pub. L. 102-496, title VII, notifications for the appropriate congressional $705(a)(3), 106 Stat. 3192.) committees. Any proposed transfer for which notice is given to the appropriate congressional

PRIOR PROVISIONS committees shall be accompanied by a report

A prior section 104 of act July 26, 1947, was renumexplaining the nature of the proposed transfer bered section 108 and is classified to section 404a of and how it satisfies the requirements of this

this title. subsection. In addition, the Select Committee

CHANGE OF NAME on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the

Committee on Armed Services of House of RepreHouse of Representatives shall be promptly no

sentatives changed to Committee on National Security

of House of Representatives by House Resolution No. tified of any transfer of funds made pursuant 6, One Hundred Fourth Congress, Jan. 4, 1995. to this subsection in any case in which the transfer would not have otherwise required re- SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION programming notification under procedures in

FROM SERVICE effect as of October 24, 1992.

Pub. L. 103-36, $ 2, June 8, 1993, 107 Stat. 104, as (5) The Director shall promptly submit to the amended by Pub. L. 103-226, $ 8(b), Mar. 30, 1994, 108 Select Committee on Intelligence of the Senate Stat. 118, provided that: and to the Permanent Select Committee on In

“(a) DEFINITIONS.-For purposes of this sectiontelligence of the House of Representatives and,

"(1) the term 'Director' means the Director of Cenin the case of the transfer of personnel to or

tral Intelligence; and

“(2) the term 'employee' means an employee of the from the Department of Defense, the Commit

Central Intelligence Agency, serving under an aptees on Armed Services of the Senate and

pointment without time limitation, who has been House of Representatives, a report on any currently employed for a continuous period of at transfer of personnel made pursuant to this least 12 months, except that such term does not insubsection. The Director shall include in any

cludesuch report an explanation of the nature of the “(A) a reemployed annuitant under subchapter transfer and how it satisfies the requirements

III of chapter 83 or chapter 84 of title 5, United of this subsection.

States Code, or another retirement system for em

ployees of the Government; or (e) Coordination with foreign governments

"(B) an employee having a disability on the basis

of which such employee is or would be eligible for Under the direction of the National Security disability retirement under any of the retirement Council and in a manner consistent with sec- systems referred to in subparagraph (A). tion 3927 of title 22, the Director shall coordi

"(b) ESTABLISHMENT OF PROGRAM.-In order to avoid nate the relationships between elements of the or minimize the need for involuntary separations due intelligence community and the intelligence or

to downsizing, reorganization, transfer of function, or

other similar action, the Director may establish a prosecurity services of foreign governments on all

gram under which employees may be offered separamatters involving intelligence related to the na

tion pay to separate from service voluntarily (whether tional security or involving intelligence ac- by retirement or resignation). An employee who required through clandestine means.

ceives separation pay under such program may not be

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reemployed by the Central Intelligence Agency for the 12-month period beginning on the effective date of the employee's separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 (Mar. 30, 1994) and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the Central Intelligence Agency. If the employment is with an Executive agency (as defined by section 105 of title 5, United States Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. "(c) BAR ON CERTAIN EMPLOYMENT.

"(1) BAR.-An employee may not be separated from service under this section unless the employee agrees that the employee will not

(A) act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to the Central Intelligence Agency; or

"(B) participate in any manner in the award, modification, extension, or performance of any contract for property or services with the Central

Intelligence Agency, during the 12-month period beginning on the effective date of the employee's separation from service.

"(2) PENALTY.-An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section times the proportion of the 12-month period during which the employee was in violation of the agreement.

"(d) LIMITATIONS.—Under this program, separation pay may be offered only

"(1) with the prior approval of the Director; and

“(2) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.

(e) AMOUNT AND TREATMENT FOR OTHER PURPOSES.Such separation pay

(1) shall be paid in a lump sum;
“(2) shall be equal to the lesser of-

“(A) an amount equal to the amount the employ. ee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section; or

"(B) $25,000; “(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and

"(4) shall not be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5, United States Code, based on any other separation.

"(f) TERMINATION.-No amount shall be payable under this section based on any separation occurring after September 30, 1997.

"(g) REGULATIONS.—The Director shall prescribe such regulations as may be necessary to carry out this section. "(h) REPORTING REQUIREMENTS.

"(1) OFFERING NOTIFICATION.—The Director may not make an offering of voluntary separation pay pursuant to this section until 30 days after submitting to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report describing the occupational groups or geographic locations, or other similar limitations or conditions, required by the Director under subsection (d).

"(2) ANNUAL REPORT.-At the end of each of the fiscal years 1993 through 1997, the Director shall submit to the President and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on the effectiveness and costs of carrying out this section."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403-5, 403f, 411 of this title.

8 403-5. Responsibilities of Secretary of Defense per.

taining to National Foreign Intelligence Program (a) In general The Secretary of Defense shall

(1) ensure that the budgets of the elements of the intelligence community within the Department of Defense are adequate to satisfy the overall intelligence needs of the Department of Defense, including the needs of the chairman 1 of the Joint Chiefs of Staff and the commanders of the unified and specified commands and, wherever such elements are performing governmentwide functions, the needs of other departments and agencies;

(2) ensure appropriate implementation of the policies and resource decisions of the Director of Central Intelligence by elements of the Department of Defense within the National Foreign Intelligence Program;

(3) ensure that the tactical intelligence activities of the Department of Defense complement and are compatible with intelligence activities under the National Foreign Intelligence Program;

(4) ensure that the elements of the intelligence community within the Department of Defense are responsive and timely with respect to satisfying the needs of operational military forces;

(5) eliminate waste and unnecessary duplication among the intelligence activities of the Department of Defense; and

(6) ensure that intelligence activities of the Department of Defense are conducted jointly

where appropriate. (b) Responsibility for performance of specific func

tions Consistent with sections 403-3 and 403-4 of this title, the Secretary of Defense shall ensure

(1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the

So in original. Probably should be capitalized.

AMENDMENTS 1994-Subsec. (b)(2). Pub. L. 103-359 substituted "the Central Imagery Office" for "a central imagery authority".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 411 of this title.

8 403-6. Administrative provisions pertaining to de

fense elements within intelligence community

(a) Consultations with regard to certain appoint

ments The Secretary of Defense shall undertake appropriate consultations with the Director of Central Intelligence before the appointment of any individual as head of the National Security Agency, the National Reconnaissance Office, or the Defense Intelligence Agency. (b) Appointment of head of Central Imagery Office

The Secretary shall appoint, upon the recommendation of the Director, the head of the Central Imagery Office within the Department of Defense. (July 26, 1947, ch. 343, title I, § 106, as added Oct. 24, 1992, Pub. L. 102-496, title VII, 8 706(a), 106 Stat. 3195; amended Oct. 14, 1994, Pub. L. 103-359, title V, $ 501(a)(3), 108 Stat. 3428.)

AMENDMENTS

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 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;

(3) through the National Reconnaissance Office (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy the requirements of all elements of the intelligence community;

(4) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified system within the Department of Defense for the production of timely, objective military and military-related intelligence, based upon all sources available to the intelligence community, and shall ensure the appropriate dissemination of such intelligence to authorized recipients;

(5) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), effective management of Department of Defense human intelligence activities, including defense attaches; and

(6) that the military departments maintain sufficient capabilities to collect and produce intelligence to meet

(A) the requirements of the Director of Central Intelligence;

(B) the requirements of the Secretary of Defense or the Chairman of the Joint Chiefs of Staff;

(C) the requirements of the unified and specified combatant commands and of joint operations; and

(D) the specialized requirements of the military departments for intelligence necessary to support tactical commanders, military planners, the research and development process, the acquisition of military

equipment, and training and doctrine. (c) Use of elements of Department of Defense

The Secretary of Defense, in carrying out the functions described in this section, may use such elements of the Department of Defense as may be appropriate for the execution of those functions, in addition to, or in lieu of, the elements identified in this section. (July 26, 1947, ch. 343, title I, $ 105, as added Oct. 24, 1992, Pub. L. 102-496, title VII, $ 706(a), 106 Stat. 3194; amended Oct. 14, 1994, Pub. L. 103-359, title V, $ 501(a)(2), 108 Stat. 3428.)

1994-Subsec. (b). Pub. L. 103-359 substituted "Central Imagery Office" for "central imagery authority" in heading and text.

8 403a. Definitions relating to Central Intelligence

Agency When used in sections 403a to 403s of this title, the term

(a) "Agency” means the Central Intelligence Agency;

(b) "Director" means the Director of Central Intelligence;

(c) “Government agency" means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government. (June 20, 1949, ch. 227, § 1, 63 Stat. 208; Sept. 6, 1960, Pub. L. 86-707, title V, $ 511(a)(3), (c)(1), 74 Stat. 800, 801.)

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.

AMENDMENTS 1960–Subsec. (c). Pub. L. 86-707, Š 511(c)(1), substituted "Government." for "Government; and".

Subsec. (d). Pub. L. 86-707, 8511(a)(3), repealed subsec. (d) which defined “continental United States". See section 5921 of Title 5, Government Organization and Employees.

SHORT TITLE Act June 20, 1949, ch. 227, $ 10, formerly $ 12, 63 Stat. 212; renumbered $ 10, July 7, 1958, Pub. L. 85-507, $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, $ 9, formerly $ 11, 63 Stat. 212; renumbered § 9, July 7, 1958, Pub. L. 85-507, § 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."

ACT REFERRED TO IN OTHER SECTIONS The Central Intelligence Agency Act of 1949 is referred to in title 5 sections 2305, 5373.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403e, 403f of this title.

cluding 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 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,' 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. (e) Automatic data processing equipment and services

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. (June 20, 1949, ch. 227, § 3, 63 Stat. 208; Sept. 27, 1982, Pub. L. 97-269, title V, $ 502(a), 96 Stat. 1145.)

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 chap

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:

8 403b. Seal of office of Central Intelligence Agency

The Director of Central Intelligence shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof. (June 20, 1949, ch. 227, § 2, 63 Stat. 208.)

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403a, 403e, 403f of this title.

ter.

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8 403c. Procurement authority of Central Intelligence

Agency (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 de

cision; 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 indi. vidual 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, in

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, $ 1503(b)(1), Oct. 13, 1994, 108 Stat. 3297. For similar provisions, see section 2311 of title 10.

AMENDMENTS 1982–Subsec. (e). Pub. L. 97-269 added subsec. (e).

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-269 effective Sept. 27, 1982, see section 703 of Pub. L. 97-269 set out as an Ef. fective Date note under section 202 of Title 10, Armed Forces.

See Codification note below.

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